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[OPINION] Ribadu and the Myths of National Security - Chidi Amuta
The office of National Security Adviser in Nigeria has acquired a string of curious myths. Think of a public office somehow above open discussion by citizens except in whispers and hushed speculations. Imagine a department of state that can interfere in the affairs of other departments without much qualms and cite ‘national security’ as the enabling source of authority. Contemplate a public office that incurs huge expenses and spends public money without much regard for the rules of open public accountability. Think again of a publicly funded office that can be used to conceal nefarious political spending and often monumental corruption in the assurance that few questions would be asked. To sustain the halo of inscrutability around the office of the NSA, all that is required is to couch a dubious spending as a matter of ‘national security’. Just stamp the enabling memo ‘confidential’. Place the paperwork in a folder with the bold inscription: ‘Top Secret”. End of the matter. No questions asked. No consequences for billions spent in invisible transactions.
An extension of this myth of national security as a fetish is what has come to be known as ‘Security Vote’ in all of our 36 states. To service the unquenchable thirst of this ubiquitous deity, all state governors yank off huge sums of state funds every month for free unaccounted spending in the name of ‘security vote’. With that latitude in place, a governor is free to ‘donate’ hundreds of millions of Naira in support of every conceivable cause. A recent survey puts the security vote per state at an average of N250 million every month. The richer states reportedly charge much more on the treasury of their states. For the 36 states, that comes to a princely sum with hardly any accountability requirements.
Yet every state has detachments of official federal security agencies: Police, Department of State Security, Army, Air Force and Navy (where applicable), Civil Defence Corps, all with their respective budgeted federal funding. As with the federal level, once these curious state expenditures are dubbed ‘security votes’, no more questions are asked. Of course in some states, real internal security threats require state governments to augment the funding of official federal security agencies. States donate vehicles to aid police logistics. Others augment the duty allowances of security personnel in their states.
In the general lack of accountability requirements among state governors, abuses have become rampant. It has drawn the attention of the Nigerian Governors Forum which is said to be working on a peer accountability protocol to check the excesses of some of their members. In general, security in Nigeria has become a thriving industry, almost a deity above questioning, reproach and reprimand.
We must quickly admit that the specific operational mechanics of national security are universally protected from open discussion in barber shops. Similarly, in nearly every country, times and situations of grave national emergency and the pursuit of sensitive national interest, security personnel and agencies do get waivers from routine accountability requirements. Senior security officials get permits in such situations to ‘play’ with cash to achieve specific objectives. For instance, at the early stages of the Iraq and Afghanistan wars, CIA field operatives carried huge cash troves to facilitate ingress and egress of operational assets or to acquire vital intelligence. They could pay off warlords and influential mullahs or buy over informants to ease the progression of advancing troops.
In Nigeria, a strange type of needless myth of secrecy surrounds everything ‘security’. The office of National Security Adviser is the bastion of this myth of secrecy. At different times and under different presidents, the office has served different functions sometimes at variance with constitutional stipulations. On the functions of the NSA and his office, the constitution is unambiguous. The NSA is just one of the gamut of presidential advisers albeit one entrusted with counselling the president on matters of national security.
A consequence of the deification of the NSA’s office is the erroneous belief that only persons with a military, police or security background qualify to be appointed National Security Advisers. Thus we have had an unbroken string of retired military and police persons as NSAs. This of course is a gross misconception. The misconception underplays the deeply intellectual requirement of that office. In the best traditions of the presidential system, an NSA should possess a broader intellectual grasp of aspects of national security. He or she needs to have the capacity to connect all aspects of the security needs of the nation to the uniqueness of national history, economy, society and culture at any given time.
The ideal NSA must therefore be able to connect all aspects of the national reality to credible security threats to the government and people at any given moment in time. Poverty, hunger, environmental challenges, ethnocentrism, religious bigotry, etc are as much matters of national security as bandits, terrorists, separatist militias and cross border military manoeuvers by a hostile neighboring state. Most importantly, the NSA must be able to relate the perceived security threats of the moment to the specific agenda of his president.
Because national security is dynamic, the ideal NSA must be able to maintain a synergy with existing defense and security establishments in order to deal with the immediate security challenges. It is because of this broad intellectual requirement of the office that the US from where we cloned our constitution has had a tradition of appointing either renowned intellectuals or intellectually inclined military or security persons as NSAs.
In the pure intellectual tradition, America has had the likes of Henry Kissinger, Condoleeza Rice, Zbigniew Brezinski, Susan Rice and Jake Sullivan as NSA. In the ranks of outstanding persons with military and security background, there have been the likes of Collin Powell, Michael Flynn and H .R Mcmaster in that capacity. Even those with a military background are required to show outstanding intellectual acuity in their understanding of the multi faceted nature of America’s complex national security burden.
Of course, we need to locate America’s choices of the intellectual type NSA to its historical, locational and geo strategic obligations. North America and specifically the US is the territorial equivalent of an aircraft carrier. Surrounded by three great oceans, nothing must threaten the security of people living on and defending the ‘carrier’ nation. All troubles must take place far away from the carrier platform and ‘homeland’. The theatres of trouble must be places far away. America can go far away to contain troubles, put out fires, project its power and advance its national interests in order to maintain its global pre-eminence and secure the homeland. This has remained the basic pillar of America’s national security doctrine over the decades. It is essentially a foreign policy-driven notion of national security.
For this reason, the events of 9/11 were a rude shock to American national security thinking. As a consequence, the creation of a separate department of Homeland Security was a consequential alteration of US national security doctrine. It has meant a subtle division between domestic and external aspects of national security for the first time. The realization is that the “aircraft carrier” nation now also requires internal protection from its resident adversaries as well.
In Nigeria’s instance, however, national security has remained an essentially domestic preoccupation. There have been occasional external pressures in the past. Threats either from Apartheid South Africa, jihadist terrorists from the Sahel across the northern borders and border skirmishes from Cameroun have sporadically and periodically flared up. But these have remained largely external threats which have been the headache of the professional military.
Within this essentially domestic orientation, Nigeria’s national security picture has been copiously dynamic. We have had the series of crises that produced the civil war, the upsurge of micro nationalist pressure, the rise of militant regional nationalism, sectarian violent eruptions (the Maitatsine uprising), rise of sectarian and jihadist terrorism (Boko Haram), intra communal violent eruptions (Zango-Khataf, Modakeke/Ife , Shagamu crises, the rise of militant separatism (IPOB, Niger Delta militancy), herdsmen versus settled farmer clashes, urban cultism, banditry, transactional kidnapping, armed robbery etc. Different presidents have adopted different strategies to contain whichever of these threats confronted them.
President Umaru Musa Yar’Adua assumed office literally under a barrage of gunfire. Militancy in the Niger Delta was the most potent and urgent national security threat. The military was literally outgunned and overwhelmed. His NSA was under immense pressure to reassert the armed superiority of the state. State governors under severe threat had alternative ideas on how to secure their states. A number of them in the troubled Niger Delta applied for arms import waiver and licenses to import military grade weapons and munitions. One governor then got a license from the then NSA to bring in helicopter gunships and surveillance drones. Authority was quickly granted and stripped down equipment was flown in, assembled and handed to the military. Bombardments of militants camps followed, thus forcing the trouble makers to surrender and submit to the amnesty programme. Yar’Adua used the office of NSA was used to achieve a clear national security objective.
President Jonathan was ignorant on national security. He could literally not distinguish between a pistol and a rifle. So he got help from the late General Azazi, a fellow Niger Delta citizen as NSA. No one knows whether Azazi’s purely military approach would have worked since he died prematurely. Jonathan later changed his NSA as well as the meaning of national security. The definition of National security was broadened to include and prioritize the political security of the incumbent president. Thus, resources deployed towards political ends to advance the power hold of the incumbent president and party were legitimate national security spends.
Literally, all hell was let loose. A deluge of political money was unleashed. Politicians, journalists, hair dressers, unbranded facilitators, herbalists, aafas, marabouts and Pentecostal prayer warrior pastors were all drafted to the political bazaar to ensure Jonathan won in 2015. The office of the NSA became the cash office! Jonathan lost. The money disappeared.
When Mr. Buhari assumed office in 2015, one of his first ports of call as an anti-corruption trumpeter was the office of NSA. He shredded the veil and revealed that humongous amounts of public money had been funnelled and casually shared out for purposes of defeating him in the election. Multiple arrests were made and some paltry change recovered. Some weak cases were filed in court. Jonathan’s NSA, my friend Sambo Dasuki, was put away almost indefinitely for presiding over the money bazaar in the name of ‘national security’. Not much came out of that drama by way of convictions.
Buhari appointed his own NSA. A president who was a retired combat general with an NSA that was also a good retired intelligence officer raised hopes of better national security. But the face of national security had drastically altered. All manner of non-state actors had their signatures on the face of the nation . Herdsmen emerged as killers from nowhere to terrorise communities that had hitherto welcomed them and their cattle amicably. Kidnapping became a business. Shooting farmers became a sport. Bandits took over farmlands and extorted ransom and tributes. Separatist rascals took up arms against the state, claiming phantom sovereignty and territory. Faith became weaponized as places of worship became targets of terror attacks. As NSA, only Mr. Monguno knows what exactly he achieved in that office in eight years.
Therefore, of all the appointments so far announced by Mr. Tinubu to date, those of the NSA and the service chiefs are perhaps the most significant from point of view of national security. Death is everywhere in the land and fear of death and insecurity is now the greatest unifier of all Nigerians.
The choice of Mr. Ribadu as NSA is quite consequential. He was the founding Chairman of the now infamous EFCC. Even though he allowed the agency to periodically drift into political abuse, the consensus is that he left a positive mark. A section of the public thinks the security situation could improve under his watch. But that optimism can only be predicated on the hope that he can rescue the office of NSA from its serial infamy and accumulated fallacies and myths.
To succeed, Mr. Ribadu must jettison the illusion that the office of NSA is in any way superior to those of the other presidential advisers. His task area is only different. For Mr. Ribadu, the challenges are well defined but the solutions lie beyond familiar approaches. He, in collaboration with the service chiefs, must seek solutions from outside the traditional box of national security myths.
The situation is dire, urgent and could get worse. Since Mr. Tinubu was sworn in, over 500 Nigerians have died in the hands of bandits and sundry gunmen. Plateau state alone has recorded over 200 fatalities in the last less than 20 days. Those statistic could get more frightening unless something drastic is quickly done. Here are a few areas of darkness:
• Our defense and security effort must change its spatial orientation. Security agencies must retake all ungoverned spaces in the country. Bandits, terrorists, kidnappers and killer herdsmen all operate from and are based in forests, bushes, savannahs often beyond the reach of security forces. These spaces serve as fortresses for non-state actors while security agencies operate from urban inhabited spaces. Our ungoverned spaces have become an alternative republic from where assaults are mounted against the state and citizens.
• The new NSA needs to urgently research, probe and unravel the relationship between political interests and violent actors in different parts of the country. Which politicians arm the various gunmen? What percentage of the ‘unknown gunmen’ in the South East, for instance, are sponsored by political interests? What percentage are separatist militia activists?
• When and why did herdsmen make the transition from innocent cattle herding to armed terrorism and criminality? What politicians invited and armed these herdsmen mostly from neighboring countries to advance their interests? Where did the guns come from?
• We need a deeper understanding of the interface between security agencies and criminal cartels operating in different parts of the country. There is a strong argument out there that as criminal violence has grown, so also has the security establishment become a series of business cartels and racketeering rings.
• Since kidnapping became an industry, how does it interface with other sectors of the economy? Most kidnap ransom payments are made through the banking system. How come the banks have not helped in providing leads to the kidnappers and other criminal networks?
• There have been reports of a close link between government agencies and criminal gangs involved in illicit economic activities. Illegal mining of solid minerals in northern states and oil theft in the Niger Delta stand out. In spite of this knowledge, there have been scant arrests, prosecutions, indictments or earth shattering disclosures.
Mr. Ribadu comes into office at a time of unusual challenges. The bulk of Mr. Buhari’s toxic legacy happens to be in the area of insecurity. Of course, Mr. Ribadu’s appointment comes with a mixture of cautious optimism and cynicism. He has a rather interesting mixed ancestry. He is a policeman. He has been an active partisan politician. He has had a handshake with Nigeria’s corruption high command. The man has experience in power and public office. He has a working knowledge of Nigeria’s crime and corruption industry. But he remains first and foremost a Nigerian policeman. The police knows us and we know them well. This mutual knowledge contains the prospects and problems of Mr. Ribadu as the new NSA.
CBN To Blacklist Bank Directors With Bad Loans
In continuation of financial reforms introduced since the inauguration of President Bola Ahmed Tinubu, the Central Bank of Nigeria (CBN) has said it would sanction and blacklist bank directors with loans that remain non-performing for more than one year.
The CBN had earlier abolished the multiple exchange rate regime In a circular it released last month, it said all segments of the forex market had been collapsed into the Investors and Exporters (I&E) window.
In the recent reforms, the apex bank also revised the Cash Reserve Ratio (CRR) of merchant banks to 10 per cent from 32.5 per cent.
CBN director, banking supervision, Haruna Mustafa disclosed this in a letter to all Merchant banks dated July 14, 2023.
The CRR is the share of a bank’s total customer deposit that must be deposited with the central bank.
The new fresh cut reverses significantly, the increase in the CRR by the Monetary Policy Committee (MPC) last September from 27.5 percent to 32.5 per cent to tame inflationary pressure.
Meanwhile, a new corporate governance guideline for commercial banks, financial holding Companies (FHCs), merchant banks, non-interest and payment service banks was released on Friday by the CBN.
“Any director whose credit facility or that of his/her related interests remains non-performing in the banking subsidiary of an FHC, for more than one year, shall cease to be on the Board of the Financial Holding Company (FHC) shall be blacklisted from sitting on the Board of such banking subsidiary or that of any other financial institution under the purview of the CBN,” the guidelines stated.
The CBN said no loan/advance and interest thereon to a director of an FHC by the banking subsidiary shall be written-off without its prior approval.
A subsidiary of the FHC, which renders services to the FHC may extend similar services to other entities within the Group that so desire, on the same terms and conditions, the guidelines stated.
It says all intra-group transactions shall be conducted at arm’s length and in compliance with the extant laws and regulations guiding the operations of the entities
The apex bank’s guideline also prescribed that all services between an FHC and its subsidiaries will be guided by Service Level Agreements (SLAs) and/or shared services arrangements in line with the CBN Guidelines for Shared Services Arrangements for Banks and Other Financial Institutions.
Under protection of shareholders right, the guidelines stated that except where prior approval of the CBN is granted, no individual, group of individuals, their proxies or corporate entities shall own controlling interest in more than one FHC.
It says except with the prior written approval of the CBN, no FHC or any of its director, shareholder or agent shall enter into an agreement which results in: a change in the control of the FHC, the transfer of shareholding of 5 per cent and above in the FHC; and/or an increase in shareholding to 5 per per cent or more in the FHC.
The CBN said its prior approval and no objection shall be sought and obtained, before any acquisition of shares of an FHC by an investor (including through the capital market), that would result in equity holding of five per cent (5%) and above.
In a circular signed by Chibuzo Efobi, CBN’s director, financial policy and regulation, the apex bank said the guidelines take effect August 1, 2023.
The circular said the new guidelines supersedes all previous codes, circulars, and related directive on corporate governance issued by the CBN.
“Banks and financial holding companies are invited to note the responsibilities imposed on their boards by these guidelines and especially on the executive compliance officers (where applicable)”, the circular stated.
The Financial Reporting Council (FRC) of Nigeria in 2019 issued the Nigerian Code of Corporate Governance (hereinafter referred to as “NCCG 2018”) as the single Corporate Governance Code for the country.
The NCCG 2018 replaced all sectoral codes in Nigeria including the extant Code of Corporate Governance for Banks and Discount Houses in Nigeria issued by the Central Bank of Nigeria (CBN) in May 2014.
Following the pronouncement of the FRC, for sector regulators to issue sector-specific guidelines on corporate governance for institutions under their regulatory purview, the CBN said it has adapted the Principles and Recommended Practices of NCCG 2018 in developing this Guidelines for Commercial, Merchant, Non-Interest and Payment Service
Banks (hereinafter referred to as “bank(s)”), taking into account, the peculiarities of the sub-sectors.
“The CBN, pursuant to the provisions of Section 2(d) of the CBN Act 2007, and Sections 56(2) and 67(1) of the Banks and Other Financial Institutions Act (BOFIA 2020), hereby issues this regulation to be cited as the “Corporate Governance Guidelines for Commercial, Merchant, Non-Interest and Payment Service Banks in Nigeria”, the CBN said.
The guidelines stated that the government’s direct and indirect equity holding in a bank shall not be more than ten per cent (10%), which shall be divested to private investors within a maximum period of five years from the date of investment.”
[Leadership]
[OPINION] The need for contactless payment system in Nigeria - Etim Etim
Contactless payments will soon arrive on Nigerian shores, about two decades after some advanced countries started using them. Despite the huge benefits, however, contactless payments also carry some risks. To mitigate these risks, the Central Bank of Nigeria has recently rolled out guidelines on how best to operate this mode of payment and explained the roles of different stakeholders in the implementation of the scheme.
It is important for stakeholders in the financial and business environments to understand their roles in the implementation of contactless payment. A contactless payment is simply a wireless financial transaction in which the customer makes a purchase by moving a bank card, smartphone digital wallet app, or any other device in close proximity to the vendors’ point-of-sale (POS) reader.
Because the device does not get in contact with the POS reader (unlike the normal debit or credit cards we are familiar with), contactless payments are also referred to as touch-free, tap-and-go, or proximity payments. Put differently, contactless payment is a way of paying that doesn’t require cash or even swiping a card. All you have to do is hold your contactless card or smartphone near a compatible card reader while you are checking out.
In introducing contactless payments into the country, CBN hopes to achieve its core mandates, which include sustaining the safety and stability of our financial system and promoting a resilient and stable payments system. These mandates are enshrined in Section 2(d) of the CBN Act 2007 and Section 56(2) of Banks and Other Financial Institutions Act 2020, which empowers the CBN to make regulations for banks and other financial institutions.
In driving one of its core objectives, the Bank recently unveiled a comprehensive set of guidelines for the implementation of Contactless Payments in the country, which is aimed at the standardization of operations in the payments system, creation of new opportunities in business transactions, and promotion of inclusive banking. Just like the use of debit /credit cards, internet banking and mobile banking, contactless payment will further encourage cashless business transactions and reduce the volume of cash in circulation.
To minimise risks, the CBN had issued a circular in June 2023, pegging contactless payments through accounts or wallets at transaction limits of N15,000 and a daily cumulative limit of N50,000. This means that customers can only make contactless payments of up to N15,000 per transaction and up to N50,000 per day without entering a PIN or biometric verification. The notice was signed by Musa Jimoh, director of payment systems management department of the CBN. This means that contactless payments are designed to offer speed, ease and convenience. In addition, they enable customers to pay using their smartphones, if they do not have their credit or debit card at hand.
Contactless payments also enable merchants to provide faster, smoother and easier transactions. Customers with contactless payment devices usually avoid long queues during busy shopping hours, and because they don’t come with additional charges, many customers prefer contactless payments. Another advantage is that contactless payments are very accessible, particularly for small businesses.
Despite the many advantages of contactless payments, there are some risks associated with the mode of payment. Because they require no authorisation before a transaction is made, a lost or stolen contactless card can be used to make fraudulent transactions. This explains the daily limits (not more than N50,000) in the CBN’s guidelines, which also has other robust risk management processes, measures and standards.
Although contactless payments are just about coming to Nigeria, they’ve been in use in many developed economies like the US; UK; Japan; Germany; Canada; Australia; France; the Netherlands, and a few others in the last 15 years. It is therefore notable that the CBN’s guidelines have been designed to address local peculiarities and provide the guardrails for the deployment of the new payment method.
The Guidelines also specify minimum standards and requirements for the operation of contactless payments in Nigeria, as well as the roles and responsibilities of stakeholders involved in this mode of payment.
Given the vastness of the Nigerian market, the size of our GDP and the relative robustness of our IT infrastructure, contactless payments is an idea that has come to stay in Nigeria. It is now up to the key stakeholders to make it work. The relevant stakeholders are acquirers, issuers, payment schemes, card schemes, switching companies, payment terminal service providers, payment terminal aggregator, merchants, terminal owners and customers service agents. They will offer various services and play different roles in the seamless operation of contactless payments.
[OPINION] The Mmesomas and culture of impunity (2) - Martins Oloja
As I was saying to the previous administration, I hope President Bola Ahmed Tinubu will ensure that the law rules the civil service and then his anti-corruption crusade. In the last administration, I once asked: ‘How long can a public officer act in a position that the law provides a confirming body for?
The then Acting Chairman of the EFCC, Ibrahim Magu acted in office from November 2015 to July 2020. In 2017, the 8th session of the Senate rejected his nomination twice on the advice of the then Director-General of the State Security Service, Lawal Daura. Yet the President didn’t respect the Senate’s rejection.
He kept Magu in office until July 2020 when another allegation of corruption, which dogged his confirmation foundation ruined him following a Commission of Inquiry headed by a former president of Court of Appeal, Justice Ayo Salami. What was more curious, in February 2018, there was a court ruling that the Senate has powers to confirm the EFCC Chairman to remain in office.
Coincidentally, President Buhari who migrated into his sixth year in office at the end of May 2019 following an election got Magu to slip into his sixth year as EFCC Acting Chairman without confirmation by the Senate. Was that not another celebration of rampaging impunity?
Besides, at that same time, there were reports of so many permanent secretaries and executive secretaries of examination bodies who were being accused of corruption. Which led to my question then on this same page: ‘When will the Buhari administration begin to prosecute all these Permanent and Executive Secretaries and Examination Bodies’ Registrars being suspended and sacked for alleged corrupt practices? When will the Buhari administration deal with that enemy called impunity?
In March 2021, there was a report over disquiet in the offices of the Accountant General of the Federation and the Federal Road Safety Corps (FRSC) because of illegal retention of the heads of both organisations in office four months after they reached the mandatory retirement age of 60 as stipulated in the public service rules.
Reports showed that both Ahmed Idris, the then Accountant General of the Federation and Boboye Oyeyemi, the then Corps Marshall of the FRSC, reached the mandatory retirement age in November 2020. Going by the extant rules they ought to have retired and handed over to the next ranking officer in their organisations pending either the appointment of their replacements or formalisation of the appointments of those that they handed over to.
Strangely, both officers remained in their offices enjoying all the perquisites, citing their appointments as tenured, which wasn’t true. And so for that reason, they stayed on in contravention of the public service rules, which do not support their claims.
The public service rules guiding employment of federal civil servants stipulate 60 years of age and 35 years in service (which ever comes first) as terminal points for all categories of employees.
In the particular case of Oyeyemi, who was first appointed into the office in 2014 by President Goodluck Jonathan, his reappointment contravenes both the public service rules as well as the act establishing the FRSC. The FRSC Act in Section 2(1) stipulates that all its commissioners, including the Corps Marshal can only serve for four years. While defending the illegal reappointment of the Accountant General, Labour and Employment Minister Chris Ngige curiously said President Buhari was acting in line with presidential powers granted under the 1999 Constitution.
He said Section 171 of the constitution empowers the president to appoint persons into some extra-ministerial offices of which the office of the Accountant General was one. In a similar vein, the spokesperson of the FRSC, Bisi Kazeem, said in response to media inquiries, Oyeyemi was serving at the pleasure of the president who by the provisions of the FRSC Act is empowered to make the appointment.
It was observed then that cases of such controversial appointments were not limited to the two organisations in the public service. The case of the service chiefs who were only replaced in February 2021 after serving beyond their retirement dates then came to mind. The tenures of the Comptroller General of Nigeria Immigration Service as well as that of the Inspector General of Police were similarly extended in manners that had not been seen in the public service of Nigeria.
That unpleasant development became rampant under the Buhari administration, spreading to include various agencies of government and even the academia. This act makes nonsense of the public service rules and regulation, which were enacted to maintain its professionalism and relevance in the scheme of governance.
This untoward practice nurtured a culture of impunity in Buhari years. As the Mmesomas in the system are poised to benefit from this despicable culture of impunity, the new administration must uphold the provisions of the extant rules, which should be considered more than the conveniences of breaking and bending the rules. There should be a new Head of the Civil Service of the Federation who should work within confines of the presidential bureaucracy to ensure that the civil service is not violated again the way Buhari did.
Doubtless, the rape on the civil service through careless and illegal extensions of tenure has bred negative consequences, which have affected service morale, discipline and professionalism. Besides, it has bred corruption among officers who may want to do whatever is possible to remain in office or some others who, because of the fear that they may not be allowed to rise to the pinnacle of their careers because of sit-tight bosses.
According to newspaper comment then, ‘This development gives the impression that the administration, despite its avowed commitment to reforming the public service for efficient service delivery, is not living to its words.’This is a serious presidential malpractice that must be stopped forthwith as it is neither in the interest of the administration nor that of the country. A succession plan should be in place in all sectors so that replacing an officer is not a problem and in doing so extant rules must be followed.
Impunity on Abuja’s original inhabitants…
In January 2018, I wrote an article here on a ‘January 15, 2018 justice for Abuja’s original inhabitants who had then just secured victory on their quest for definition of (their) citizenship within this convoluted federation. Below is an excerpt from the article: https://guardian.ng/opinion/justice-at-last-for-abuja-indigenes/
‘After 42 years of complicated relationship with federal authorities that grabbed their land for the purpose of building a capital for the nation, Abuja original inhabitants last Monday (January 15, 2018) got some significant justice that will change their national profile for ever. It is puzzling most news media organs were unaware of the ruling on the status of the Abuja original inhabitants that has some jurisprudential significance.
This is the story even most judicial reporters either curiously missed or did not consider newsworthy: The Court of Appeal in Abuja on that Monday declared in a landmark judgment that indigenous inhabitants of Abuja are indeed entitled to a ministerial representation in the Federal Executive Council as provided by the combined provisions of Sections 147 (3), 299, 14 (3) and 42 of 1999 Constitution.
The Court also declared that persistent denial and refusal of past and current presidents to so appoint an indigene of FCT Abuja as a minister in the federal executive council (FEC) since May 1999 tantamount to a gross violation of the said constitutional right against discrimination. Accordingly, the Court directed the President to immediately make the said appointment. N100, 000 was awarded against the president and the Attorney General of the Federation as first and second respondents.
Expectedly, some FCT indigenes have expressed delight over Court of Appeal’s Jan. 15 judgment that entitled them to ministerial representation in the Executive Council of the Federation.The natives of Abuja said the decision would give them the opportunity to fully participate in governance in the nation’s capital their forefathers donated to the nation more than four decades ago.
While congratulating the original inhabitants, it is also important to implore President Muhammadu Buhari to implement the judicial decision without delay.
This is in the interest of peace and stability of the permanent capital of the federation. The (federal) capital was legally moved from Lagos to Abuja on Thursday 12 December, 1991 by the then General Ibrahim Badamasi Babangida (IBB) military regime. The proclamation of Abuja as nation’s capital was done by the military regime of General Murtala Mohammed on 3rd December 1976…’
The battle for this judicial recognition and victory has been a long drawn one. The natives have been agitating for political recognition and other rights since creation of the capital in 1976. Even the 1999 constitution has long been identified as unfair to the citizens of Abuja who actually have no other state of the federation to claim. Section 299 of the Constitution provides the ambiguity successive governments have been exploiting to cheat the people.
They have political representation at the level of civil service up to the office of permanent secretary, National Population, among others, but specifically, representation at the cabinet level has been a huge challenge despite peaceful agitations. For instance, in October 2015, when the Buhari administration was concluding cabinet making, the Abuja indigenes protested for their right to nominate their own representatives too. But as usual, no one listened to them.
On March 26 this year, I paid a glowing tribute to the memory of the lawyer who actually spearheaded the struggle for justice for Abuja indigenes alone.
In the tribute titled, ‘Sleep Well, Musa Panya: Who Got Justice For Abuja Indigenes…I wrote:
This is a fitting tribute to a significant lawyer, an original inhabitant of Abuja who fought and conquered even Muhammadu President Buhari in Court and got justice for his people on human rights. He joined his ancestors at 54 last week after battling that evil deposit called sickle cell anemia. I am sure when Baba Musa Panya gets to his Creator, he will report Buhari to Him and his bitter complaint will be: My Father, my Father, what are you going to do to that man, our leader, Buhari who has since January 15, 2018 failed to abide by a Court of Appeal declarative judgment that the FCT should be regarded as a state and so an indigene of the Federal Capital Territory should be appointed as a member of the Executive Council of the Federation?
The case Musa Baba Panya Vs FG has been copiously cited in the current presidential election petitions at the Court of Appeal. But the point here is that Buhari, a great promoter of culture of impunity never respected the declarative judgment of the Court of Appeal that the same federal government never appealed.
President Buhari refused to appoint an indigene of the Federal Capital Territory into the Executive Council of the Federation. This is therefore a strategic reminder to President Tinubu who has pledged to allow the law rather than man to rule, to abide by the 2018 judgment that an Abuja original inhabitant should be part of the federal cabinet. That is one way of beginning to dismantle our growing culture of impunity in Africa’s most populous nation and hope of the black race, Nigeria.
[PRESS RELEASE] LASG To Close Eko Bridge on Lagos Island For 24 Hours For Remedial Palliative Work...provides alternative routes for Motorists
The Lagos State Government has announced that Eko Bridge inwards the newly re-opened Apongbon Bridge will close for 24 hours on Sunday 16th July, 2023 for immediate remedial palliative works by the Lagos State Public Works in conjunction with Federal Ministry of Works and Housing.
The Permanent Secretary, Ministry of Transportation, Engr. Abdulhafiz Toriola made this statement known today, that the 24 hour closure will allow uninterrupted palliative adjustment of the bridge.
While confirming that the Lagos State Traffic Management Authority (LASTMA) Personnel have been deployed to control and manage traffic around C.M.S, Marina, Ijora, and other alternative routes on the Lagos Island and Mainland, he explained that the palliative work was necessary to complement the newly re-opened Apongbon Bridge.
The alternative routes made available during the period of repair are highlighted as follows;
1. For Motorists from Mainland/Surulere going to Lagos Island are advised to make use of Ijora-Olopa/Causeway to Carter Bridge (Idumota) to connect their desired destinations;
Or
b. Connect Costain to Iganmu through Ijora-Oloye via Ijora Causeway to Carter Bridge (Idumota), for their desired destinations.
2. For Motorists from Lagos Island going to Surulere/Mainland are advised to connect Carter Bridge (Idumota) through Iddo/Oyingbo to Herbert Macaulay for their desired destinations;
Or
Connect Carter Bridge(Idumota) through Ijora Olopa by LAWMA Headquarters to Eko Bridge inwards Costain/Alaka for their desired destinations.
3. Motorists can equally make use of the Third Mainland Bridge through Adekunle to connect Herbert Macaulay to link their desired destinations.
The Transport Permanent Secretary further urged road users to cooperate with the Traffic Managers during the palliative works to enhance seamless movement.
E-Signed;
Engr. Abdulhafiz Toriola
Permanent Secretary,
Lagos State Ministry of Transportation.
15th July, 2023.
FG Files Charges Against Emefiele For Illegal Possession Of Firearm
The Federal Government has filed a two-count charge of illegal possession of firearms and ammunition against suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, before the Federal High Court in Lagos.
According to Channel Television report, FG accused Emefiele of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence.
The government maintained that the offence is contrary to Section 4 of the Firearms Act, Cap F28 Laws of the Federation 2004, and punishable under Section 27 (1b) of the same Act.
In the second count, the suspended CBN Governor was accused of having in his possession 123 rounds of live ammunition (Cartridges) without a licence, which is contrary to Section 8 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1)(b)(il) of the same Act.
The case is yet to be assigned to a judge, but there are indications that this will be done next week.
Emefiele has been in the custody of the DSS since June 10. The spokesman for the DSS, Dr. Peter Afunanya, had said it was for “investigative reasons”.
Afunanya, in a statement on Thursday, also disclosed that the agency had charged Emefiele to court following an Abuja High Court ruling.
Count one of the charges reads; That you, Godwin Emefiele, Male, of No. 8 Colorado Street Maitama Abuja, on or about the 15th of June 2023, at No. 3b Iru Close, Ikoyi, Eti Osa Local Government, Lagos State, within the jurisdiction of this Honourable Court, had in your possession one (1) Single Barrel shotgun (JOJEFF MAGNUM 8371) without a licence. You thereby committed an offence contrary to Section 4 of the Firearms Act, Cap. F28 Laws of the Federation 2004, and punishable under Section 27 (1b) of the same Act.
Count two: That you, Godwin Emefiele, Male, of No. 8 Colorado Street Maitama Abuja, on or about June 15, 2023, at No. 3b Iru Close, Ikoyi, Eti Osa Local Government, Lagos State, within the jurisdiction of this Honourable Court, had in your possession One Hundred and Twenty-Three (123) Rounds of live ammunition (Cartridges) without a licence You thereby committed an offence contrary to Section 8 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1)(b)(il) of the same Act.
Meanwhile, Another FCT High Court in Abuja voided the arrest and detention of Emefiele by the DSS on Friday.
Delivering judgement, Justice Bello Kawu held that the arrest, detention, and interrogation of Mister Emefiele are in violation of the subsisting judgement and orders of Justice M. A. Hassan.
Mr Emefiele, through his Counsel, Peter Abang, had asked the court to set aside and nullify the arrest and detention of the Applicant for being illegal and a nullity in view of the subsisting judgment by another court delivered on 29th December 2022.
Justice Kawu also made an order setting aside any warrant of arrest obtained or procured by the Respondents, especially the DSS for the arrest of Emefiele in connection with the allegations of terrorism financing, fraudulent practices, money laundering, threat to national security before any court.
The court further granted an injunction restraining the respondents, particularly the DSS from arresting, detaining, or interfering with Mr. Emefiele’s personal liberty and freedom of movement.
The court finally granted an order of injunction directing and mandating the Respondents, particularly the DSS to forthwith release Mr. Emefiele from any arrest or detention.
Court Adjourns $4.2m Suit Against ExxonMobil, Frowns At Delay Tactics
Justice Rabiu Gwandu of the National Industrial Court in Lagos has fixed September 30 for further hearing in a $4.2 million suit instituted against a multinational oil company, ExxonMobil Corporation and its parent body, Mobil Producing Nigeria Limited by its ex-staff, James Nwagbogwu Ebede, over alleged forceful retirement.
When the matter was mentioned for continuation of trial, counsel for ExxonMobil, Paul Usoro, SAN, was in court to cross examine the claimant who has given evidence and closed his case since last year.
But, Ituah Imhanze leading two other lawyers for Mobil Producing Nigeria Unlimited told the court that he filed an amended statement of defence against the consequential amendment statement of claim of the claimant.
However, claimant’s lawyer, Chucks Uguru told the court that he will not be opposing the amendment but urged the court to impose a cost of N750,0,000 on the Mobil Producing company, contending that the claimant filed his amended statement of claim since 18th of March,2022.
Uguru stated that the only reason the defendants have not filed their statement of defence was for the purpose of delaying the case which was filed about five years ago.
He told the court that the case had suffered series of adjournments at the instance of the defendants.
Uguru further told the court that the business of the day was for the claimant to be cross-examined by the defence counsels but this is another dilatory.
Consequently, he urged the court to grant them two hearing days if the case is to be adjourned after the application must have been heard.
In her ruling, the trial judge, Justice H Gwandu, after Mr. Imhanze granted the application for amended statement of defence, and ordered Mobil Producing Nigeria company to pay the cost of N500,000, which must be paid before the next adjourned date.
Thereafter, Justice Gwandu adjourned the matter till 30th and 31st of September 2023 for continuation of hearing.
In a statement of fact filed before the National Industrial Court on behalf of the claimant, stated that he worked with the company from December, 2001 to 2018 as an engineer and that because of his consistent excellent performance, he was at various times given important responsibilities.
He averred that in 2015 he was deployed to Dubai with the posting to last till December 2017 but that he was forcefully redeployed back to Nigeria and retired because he refused to carry out alleged dishonest actions that he was being compelled to do by the manager of ExxonMobil while on assignment in the United Arab Emirates and Iran.
According to him, on his return to Nigeria, further punitive actions were taken against him leading to his forceful retirement.
He alleged that the company attempted to compel him to employ unqualified engineer and that on several occasions, attempts were made to compel him to sign off uncompleted and poorly executed project as completed, among others.
The claimant alleged that upon return from Iraq, he provided the defendants details of the unethical and immoral acts he was being coerced to do for which he was being unjustly treated.
He said the defendants constituted a team and got further details from the claimant, and promised more documents upon the receipt of the claimant’s personal belongings shipped by the defendants for the claimant.
The claimant further alleged that when his shipment arrived Nigeria, he was shocked that the defendants were unwilling to either clear the shipment from the ports or handover the original Bill of Lading to the claimant such that the claimant can go and clear the container containing his personal belongings.
The claimant alleged that since 6th September 2017, the defendants have continued to hold on to the shipment containing his personal belongings and he believes it is in the defendants bid to subvert the course of justice.
Consequently, Mr. Ebede is claiming $4.2 million as general damages for the emotional stress he had suffered;
N114,992,096 being the equivalent of 32 months salary which the defendant ought to pay him for his forceful retirement and also demanding published public apology in two daily newspapers and two international newspapers.
However, the defendants in their preliminary objection urged the court to decline jurisdiction to entertain the suit on the ground that the ExxonMobil company is an entity incorporated under the laws of the United States of America, saying that the Nigerian court lacked jurisdiction to entertain the matter.
In her ruling, the presiding judge, Justice R. H. Gwandu, while adjourning for hearing held “I hold that this court has the jurisdiction to adjudicate on issues contained in the claimant’s suits both by subject matter and territory, the claimant having shown sufficient cause of action against the defendant.”
25 Year-Old Undergraduate Who Regrets Stealing N58m Benz During Test-Drive, Claims He Was Bewitched
Meshach Siunuphro, a well built 25-year old man claims to be into various endeavours, but his physique and age might give him out as a Yahoo Boy.
However, he claims to be an Abuja big boy who is into forex trade, and at the same time, a 300-level student of Business Administration at the University of Istanbul, Turkey.
Meanwhile, Siunuphro has landed himself in serious mess. By now, he would be facing interrogation in the nation’s capital as police investigators attempt to unravel the real motive for allegedly stealing and absconding with an exotic Mercedes Benz Sport Utility Vehicle (SUV).
The unregistered automobile, a 2021 model of Benz GLB 250 4MATIC, is said to be worth the princely, eye-popping sum of N58 million only.
Siunuphro, who hails from Ughelli area of Delta State, allegedly disappeared with the car on June 30 while test driving it after commencing negotiations with the Abuja-based dealer.
He drove down to his home state, changed the four alloyed rims, and later left the car in the bush in Oteri community, Ughelli where it was recovered by police operatives on July 3. The suspect was subsequently arrested four days later on July 6 in Benin City, Edo State.
Parading the suspect, Public Relations Officer of Delta State Police Command, DSP Bright Edafe, said the suspect would be transferred to Abuja for further investigation.
Edafe said the suspect saw the car advert online, indicated interest and made contact with the dealer. He said during the physical meeting with the dealer, the suspect negotiated to pay N30 million, and actually pretended that he was going to make payment but requested to test drive it which the dealer obliged, ostensibly for the prospective buyer to know the true worth of the SUV.
According to him, the dealer was with Siunuphro during the test drive, adding that they decided to pull over to refill the tank, as the car was running low on fuel.
They pulled into a fuel station, but discovered that only cash payment was accepted in the particular station.
“So because they were not accepting transfer at the particular station, the dealer stepped out to get cash from a POS stand, only for the suspect to disappear afterwards.
“When it was discovered that the car was in Delta, the complainant who is the Abuja-based car dealer was advised to come to the command to formally lodge the report,” he sai, lied, adding that on July 3, the vehicle was recovered.
“But investigation did not stop there. We later got another intelligence report that the suspect was in Benin. We swung into action and arrested him on Thursday morning, July 6. I moved him to Asaba for onward transfer to Abuja,” he said. Edafe seized the opportunity to advise card dealers and car owners to be wary of the new scheme by criminals to snatch cars from people. He particularly cautioned those who take their cars to car wash centres never to hand over the ignition keys to the attendants.
And suspect speaks
Speaking with our correspondent, the smooth-talking suspect narrated how he drove the car to Delta, even as he regretted his action.
Hear him: “I saw the advert online and chatted with the dealer to set up an appointment. But when I saw the car, I told him it was not worth what he actually mentioned to me initially.
“He asked me to make an offer, and I offered to pay N30 million. He told me to just hold on a minute that I should shut my mouth and wait for us to test drive it. He said then I would hear the sound of the car, and that the car was actually worth the price it was listed.
“He told me that the car is a 2021 model. I volunteered to go for the test drive. On our way, we passed through a long roundabout. Then he said I should quickly pull over for us to get some gas for the car for us to continue the test drive.
“So I pulled over to the gas station and he told me to wait for him, that he was going to get some cash from POS across.
“I waited for over 30 minutes, and he was not showing up. And there was a queue of vehicles behind me at the petrol station. So I had to pull over a bit for other cars to come in and buy.
“I waited over two hours, he was not showing up and it was already close to 6pm. He was already calling me and I tried to call him back but his number was switched off.
“I didn’t know the exact point I was at that moment, so I had to use the nearest filling station to put some gas in the car. He didn’t come after he left. That was when I drove off the car,” he said.
Asked why he did not go back to the car stand after waiting for hours, he claimed that there were lots of car stands, and that it would have been difficult to locate the exact one. Siunuphro said he drove the car to Delta, without stopping at police checkpoints on the way.
He also stated that he ran into a ditch which damaged one of the rims in front, a development that prompted him to change the four rims at N350,000.00.
According to him, his only intention was to buy the car and drive. I was just going to buy and drive. But I have not paid at that point. I was hypnotised, can’t say exactly what happened,” he stated.
He noted that his forex trade business is like a daily business. “It comes and I make my claim and use my profit to do what I want. I was actually expecting some money that same day.
“Stealing of cars is not my business; this is actually my first. I am a 300 level student of Business Administration at the University of Istanbul. I just came back from Turkey.
“Now, I feel nervous, I feel overwhelmed, I wish I didn’t do it. I regret my action. It didn’t go down well. I never expected it will end up like this sort of situation.”
Ministerial list: Security reports, graft allegations may knock out heavyweights
Some politicians, who think that their closeness to President Bola Tinubu, will fetch them ministerial positions are in for a shock, an investigation by Sunday PUNCH has revealed.
It was gathered that the President might rely on security reports on individuals whose names were already sent to security agencies for screening ahead of the submission of the ministerial list to the Senate before Thursday, July 27.
Lawmakers in the Red Chamber were scheduled to proceed on a long recess on July 27, but the non-submission of the ministerial nominees may delay their vacation. Tinubu was sworn in on May 29, and the new law says he must present the ministerial list to the Senate for confirmation before 60 days. Today (Sunday) makes it 48 days since he assumed office.
It was gathered that the President had forwarded the names of some individuals to security agencies for clearance, but top sources said their clearance might not be an indication that they would make the list when the nominees are eventually presented to the Senate for screening.
The President was said to have been inundated with the names of politicians, associates, party bigwigs, professionals, and others, who showed interest to be part of his government.
One of the sources said, “While the President is keeping his cards to his chest, there are former governors, especially those that finished their tenure on May 29, who are showing interest in becoming ministers.
“Also, as expected, there are political bigwigs, traditional rulers, captains of industries, and those in the Diaspora. But instead of waiting to compile the list, the President was sending them to the security agencies piecemeal for clearance.
“That was why the Presidency was correct when it said there was no ministerial list anywhere.”
Recall that the presidential spokesman, Mr Dele Alake, recently said Tinubu’s ministerial list was not ready.
“There is no iota of truth in all of those things. When the President is good and ready, you will be the first to know his intentions,” Alake said.
The source said that rather than reject nominations of individuals and some politicians, Tinubu might rely on the outcome of the security screening, which he explained had reached an advanced stage.
The source added, “Corrupt politicians, indicted individuals and others who are showing eagerness to be part of this government will be shocked when they see the security reports on them.
“So, the President, instead of outright rejection, will use the reports to check them. And if they are adamant on serving, I think there are senators from such individuals’ states that will raise objections to their clearance on the floor of the Senate.”
Another source specifically mentioned two former governors accused of corruption as among those that might be shocked that they would not make the list despite their perceived contribution to the electoral victory of the President.
“Just wait. Some will be shocked, others will want to constitute themselves into opposition because neither them nor their nominees will be on the list,” the source added.
It was also gathered that the President was also considering rehabilitating a former governor of Lagos State, Akinwumi Ambode, to return him to political relevance in the state.
Ambode, who succeeded Babatunde Fashola as the governor of Lagos State, was denied a second term by political leaders in the state.
He was replaced by Babatunde Sanwo-Olu. Since he left office, Ambode had remained silent until the emergence of Tinubu, who recently met with him, Fashola, and Sanwo-Olu recently in Lagos.
Body of 28-year-old lady found dead in Lagos hotel after night with lover
The body of a 28-year-old lady has been discovered in a room in a hotel located at 102 Yale Okeowo Street, off Community Road, Ago Palace Way, Lagos.
The incident took place on Wednesday when a young man checked into the hotel with the lady. After some minutes, he reportedly left the lady in the room. The young man, identified as Kelvin in the receipt provided by the hotel receptionist, is now the prime suspect in the crime.
According to sources, the grim discovery was made on Thursday morning when the body of the young lady was found. A staff member of the hotel, speaking on condition of anonymity, recounted the sequence of events to Sunday Vanguard. She said: “A young man arrived at the hotel around 11 p.m. on Wednesday with his girlfriend, who appeared to be around 28 years old. He made a transfer payment of N9,000 for the lodging and entered the room with her. Shortly after, he came downstairs, inquiring about the closing time of the hotel gate as he planned to visit a club.
“He assured us that he would return soon because his girlfriend was still inside the room. The following morning, despite numerous attempts to gain access by knocking on the door, there was no response.
“Peering through the window, we were alarmed to see a leg on the floor. We immediately alerted the manager, who subsequently contacted the Ago Palace Division of the police. Upon breaking open the door, a horrifying sight awaited us: a lifeless, unclothed body of a lady lying on the floor.”