In a letter dated 17^th October 2019, former Zamfara State Governor, Abdulaziz Yari, stated that his N10 million monthly upkeep allowance had only been paid twice since he left office five months earlier. Yari, who is now seeking to become senate president, wrote to his successor, Bello Matawalle, from the ‘Office of the Former Governor’. The letter said: “I wish to humbly draw your attention to the provision of the law on the above subject matter which was amended and assented to on the 23rd of March 2019. The law provides, among other entitlements of the Former Governor, a monthly upkeep allowance of Ten Million Naira (N10,000,000) only and a pension equivalent to the salary he was receiving while in office”.  

Although Matawalle (whose media minders must have leaked the letter which trended on social media at the time) created the impression that he would be different, the past four years have shown that in terms of profligacy, and misplaced priorities, he is probably worse than his predecessor. It is therefore just as well that Zamfara people voted to deny him a second term. But Matawalle is not the issue here. Considering the euphoria that has greeted Hilda Baci’s (yet-to-be-certified) new record for the longest period in a kitchen (cooking non-stop for 100 hours), there is an embedded message that we should not ignore. I picked it from a line in Reuben Abati’s column on Tuesday. He wrote: “Nigerian leaders can learn from Ms Baci how to cook (for) a nation and achieve results. Our leaders know how to eat, but they do not know how to cook.”  

That sums up the tragedy of Nigeria because everybody can eat while it takes effort to cook. On Monday, PUNCH published a story that no fewer than 18 outgoing state governors will retire into lives of luxury with generous pension benefits despite leaving unpaid workers’ salaries and debt obligations totalling N3.06 trillion in their states. “According to data from the Debt Management Office, the debt figure of these states included N2.27tn domestic loans and $1.71bn foreign borrowing”. Yet, the perks to be enjoyed by these outgoing governors (who were listed) “include one duplex in any city of their choice within Nigeria, one sport utility vehicle and a backup car replaceable every two years, an office with four aides, two security personnel and monthly salaries, among others. Each of the four domestic workers will earn N100,000 monthly.”  

In many of the states, the most enduring legacy is a law that compels the people to serve former governors for the rest of their lives. In 2014, the Akwa Ibom State House of Assembly passed an executive bill which guaranteed then Governor Godswill Akpabio (now also seeking to be senate president after stints as minister) as much as N200 million annually for life. The law, which only ‘upgraded’ the earlier version signed by Akpabio’s predecessor, Obong Victor Atta, also provides for a former governor and his spouse a sum not exceeding N5 million per month to employ domestic staff and free medical services at a sum not exceeding N100 million per annum as well as a befitting accommodation not below a 5-bedroom maisonette in either Abuja or Akwa Ibom.   

In Lagos State, where the whole madness started in 2007 when Asiwaju Bola Ahmed Tinubu (now our president-elect) was leaving office, the House of Assembly in 2016 initiated an amendment to the pension law to accommodate both their speaker and deputy. The bill sought for the speaker and his deputy (after office) a residential house at any location of their choice in Lagos State; jumbo furniture allowance – payable every five years; vehicles, including a pilot car; 10 per cent of their annual basic salary as car maintenance allowance and another 10 per cent as entertainment allowance. The speaker and his deputy, according to the bill, were also entitled to domestic staff including cooks, stewards, gardeners, drivers etc. (who themselves would be pensionable) and free medical treatment abroad for themselves and members of their family as well as police orderlies–all for life! In the wake of the dollar-for-babariga-pockets scandal in 2019, Governor Abdullahi Ganduje quickly signed the law by the Kano State House of Assembly which included their speaker and deputy in the jumbo pension-for-life scheme.  

Unfortunately, this debauchery is not restricted to the political arena. The underpinning philosophy of government in Nigeria has always been about ‘sharing the national cake’ so in practically all spheres there is more emphasis on reward than productivity and service. In January 2013, the Adamu Fika-led Presidential Committee on the review of the reform processes in the nation’s public service submitted its report to President Goodluck Jonathan. “The Revenue Mobilization Allocation and Fiscal Commission (RMAFC) fixed and allowed the gross amount for salaries and allowances to rise to N1.126 trillion. Of this, salaries took a mere N94.56 billion, while allowances gulped the whole N1.031.65 trillion,” according to the report. “It is certainly not morally defensible from the perspective of social justice or any known moral criterion that such a huge sum of public funds is consumed by an infinitesimal fraction of the people.”  

That summation tells a compelling story about our public service which, as the administrative machinery of government, is responsible for implementing policies. But as I said, this is a problem that has always been with us. Sir Richard Burton, an eccentric 19^th century British explorer who acted as Consul to the Bights of Benin and Biafra in 1860 sums up the disposition of the average West African (which can be the average Nigerian) to public service thus: “His beau ideal of life is to do nothing for six days and rest on the seventh”. That perhaps explains why at a time the world is tending towards smaller and more efficient government, what we have in our country today is a behemoth that largely serves its own interest. That point was also underscored in the 2012 report of the committee headed by former Head of Service, Mr Steve Oronsaye. According to the report, one common feature of virtually all the parastatals is the prevalence of high personnel cost as “many of them receive more budgetary allocations for personnel than they require because that component of their budget is usually inflated”.     

Nowhere is the disregard for accountability more evident than in the implementation of the Monetization Policy. No new official vehicle was to be purchased by any ministry or federal government agency under this policy, except with the express approval of the President. 20 years after the policy was introduced, expensive bullet-proof vehicles are still being purchased and rent paid for accommodation of fat cats. On travels, according to the Oronsaye report, “whereas the regulation stipulates the Business Class Ticket for top officials of government, many senior officials have been known to fly First Class in defiance of the regulation”. This lawlessness is even extended to the families of ministers and heads of parastatals, many of whom now travel only by private jets within the country.  

On Monday, the Senate directed the Director General of the Security and Exchange Commission (SEC) to return N594 million illegal vehicle allowances to the Consolidated Revenue Fund of the Federal Government. The resolution followed the adoption of the recommendation of the Public Accounts Committee on the 2018 report of the Office of the Auditor-General of the Federation (AuGF) which indicted the agency. In a nation where the underpinning philosophy of government is that of sharing (and eating) the national cake that nobody cares to ‘bake’, an absence of accountability is what you find in many of our institutions. It is also a general problem that we must deal with. In a period of 16 years between 2005 and 2021, Nigeria spent N13trn on fuel subsidies, according to the Secretary to the Government of the Federation, Boss Mustapha. And we have spent more than half of that amount in the past 17 months! Only a nation that places more premium on consumption than productivity would do that. 

Two months ago, BusinessDay reported that Nigeria’s champagne import volumes increased by 15.3 percent, from 559,088 bottles in 2021 to 644,452 bottles in 2022. “The value also rose by 17.8 percent to £25.3 million last year, according to data compiled by Comité Champagne, a trade association that tracks volume and value of exports from France”, the report stated. “The level of champagne imports into the country has been rising since 2020, when it plunged to a record low of 304,199 bottles from a high of 768,131 bottles in 2014, the data show. That of 2022 is the highest under the President Muhammadu Buhari administration.”  

That is another medal for the outgoing Buhari administration. Interestingly, a year into office in 2016, the Minister of Information and Culture, Alhaji Lai Mohammed launched the ‘Change Begins with Me’ campaign (who remembers that again?), “to entrench the values of accountability, integrity and positive attitudinal change” in Nigerians.” But by seeking ‘Change’ from the people rather than those elected to serve them, the administration got it wrong from the outset. It was almost like asking us to cook for them to eat, as it has always been. And we can see the consequences of their ‘Change’ in all spheres of our national life today.  

Now back to Hilda Baci whose real name is Hilda Effiong Bassey. The Guinness Book of World Record has released a statement that her efforts are being reviewed and I hope she makes it. I genuinely believe she will. And in case some people are preparing to cook Ewedu and Okro so they could also “enter the Guinness Book of World Record”, this is a rigorous enterprise that requires standing up to cook (no sitting down) non-stop with only five minute of rest per hour. That translates into two hours in 24 hours. And you cannot take any stimulant (coffee or energy drink). So, basically, this is an endurance test in the kitchen. This then leads us to the question, what can we, as a nation, learn from Hilda Baci? 

A period of transition from one government to another offers opportunities for renewal. For us to navigate our way through these hard times in Nigeria, we need exemplary leadership at all levels. A system designed essentially for consumption will not suddenly become productive without institutional change. This will require new rules of the game and several adjustments. What Hilda teaches is that Nigerians need to learn that for us to develop, the national mentality must change from eating to cooking but it must start from the top. Awarding themselves scandalous pensions and feeding fat at the expense of the people will take us nowhere.  

If Hilda’s record is eventually confirmed by Guinness, that means she worked for 22 hours and rested for two hours in one day. The ratio of work hours to rest should also serve as a lesson for all Nigerians. Many of our young people don’t see the correlation between work and wealth. They just want to hammer! But the ultimate lesson is for those in leadership positions. 

On Monday and Tuesday, the Nigeria Governors Forum (NGF) held a retreat for outgoing and incoming governors. Faculties includethe Director General, World Trade Organisation, Dr. Ngozi Okonjo-Iweala (left); Chief of Staff to the President, Prof. Ibrahim Agboola Gambari, former Senate President, Dr Bukola Saraki and Deputy Secretary General of the United Nation, Ms Amina Mohammed who spoke the mind of many Nigerians. “When we fail to deliver for people on their rights and their futures, we erode their faith in power, in politics, in the state. And that results in a loss of trust, in resentment between generations and towards elites; and in greater tensions between groups, cultures, ethnicities and religions” said the UN Deputy Secretary General who advocated that the only way to build a more cohesive nation and a more harmonious world is to deliver “better services, better opportunities, better safety, better government and a healthier environment.” 

I commend the idea behind such introspection by the Aminu Tambuwal-led NGF. But I hope that the right lessons were learnt. In the United States from where we borrowed our presidential system of government, high-level public officials only begin making money after they leave office. That’s when they receive advance royalties for their memoirs. Some also go into consultancies while getting paid for speaking engagements. They don’t exploit the system to award themselves scandalous pensions. Sadly, our governors and other elected public officials hardly retire to academia or the organized private sector of think-tanks or philanthropy. Many of them troop to the Senate, ostensibly so that they can continue to ‘eat’! 

Let me now join other Nigerians in commending Hilda Baci for her feat. She struck the right note when she said that her goal was “to inspire every young girl about the possibility of achieving their dreams” and that with her success, young women across the continent would understand that they have the capacity to break barriers and make lasting impacts. And in preparation for the competition, Hilda partnered a fitness trainer and nutritionist to lose some weight and adjust her diet.  

In the critical period that we are in Nigeria today, that is the sort of sacrifice we need from our leaders at all levels. Conventional wisdom teaches that you don’t eat your cake and still have it, so we know why Nigerians are today hungry. But it’s time to move from the dining table to the kitchen. That shift in mentality requires a new leadership ethos. As we can see from the experience of Hilda, cooking is not easy. But at the end, it is extremely rewarding.  

General Gusau at 80 

Lt. General Aliyu Mohammed Gusau (rtd), who needs no further introduction, is 80 today. No ceremony will mark the occasion because that is the way he wants it. He told me last week that he would most probably render himself incommunicado today so that nobody would ‘disturb’ him. That is typical Gusau, easily one of the most respected intelligence officers ever produced on the continent and one who played critical roles in efforts to dismantle apartheid in South Africa. I have had the privilege of close interactions with the General over the past decade and I value his knowledge, experience, and wisdom. I wish him a very happy birthday, long life, and good health. 

After I was called to the bar in August 1985 on top of my class and at the end of my NYSC in 1986, I was faced with many rosy career opportunities including Commonwealth scholarship to study at the prestigious Cambridge University but the circumstances of my birth, a first son in a family of 22 children quickly narrowed my options to that of finding a job to help educate my siblings, as my father had retired as a police officer in 1985. My travelling out of the country at that time, will have been selfish and will have killed the joy of my younger ones and perhaps may have adversely affected their future. I resolved to stay behind and work and got into a partnership to practice as a private legal practitioner but as they now say “Nigeria showed me” the partnership was short-lived and I had to go for a paid employment and I eventually ended up in the banking industry where I worked for 21 years and rose to become Executive Director in Zenith bank and later Oceanic bank until the 2009 banking crisis.

For those who were very close to me, I had already indicated to them that I was retiring from the banking industry in 2010 when I become 50, to work for myself, so HRM Lamido Sanusi, (Rtd) simply retired me one year earlier and with benefit of hindsight, I am very grateful to him for this early retirement.

So I quickly started my private law practice in 2009 with a team of four lawyers explaining to them the nature of the law practise we are to create. A commercial law firm that will promote economic and social justice. We agreed that 15% of our resources and services will committed to pro bono services to our brothers and sisters in prison/correctional centres who can never afford our professional services. It quickly became our tradition that every lawyer in the law firm must engage in at least two pro bono litigation services each year.

To this end, some matters we have successfully handled include:

1. CA/B/2C/2009 – NKEM OKOLIE V THE STATE
2. CA/LAG/CV/336/2019– AZEEZ IBRAHIM V COMMISSIONER

OF POLICE & 2 ORS

3. LD/5620MFHR/2017 – ADEBAYOR RAZAQ V COMMISSIONER

OF POLICE & 2 ORS

4. LD/5624MFHR/2017 – IDRIS MUSA V COMMISIONER OF POLICE

5. LD/9287MFHR/2019 – SODIQ LATEEF V COMMISSIONER OFPOLICE & 2 ORS

6. FHC/L/CS/2319/2019- NOAH OSHODI V COMMISSIONER OF

POLICE & 2 ORS

7. LD/9368MFHR/2019- AKINTOYE GBAMILA V COMMISSIONER

OF POLICE & 2 ORS

8. FHC/L/CS/2327/2019-

MUSTAPHA OWOLABI

V

COMMISSIONER OF POLICE & 2 ORS

And we have several others that are ongoing at all levels of our Court systems up to the Supreme Court. Injustice to any Nigerian anywhere is injustice to all Nigerians became our battle cry and we soon started to encounter every serious challenges from the Attorney General‟s offices across the Country and sometimes from our Courts. We found that the courts are constitutionally compelled by laws made by the politicians for the benefit of the politicians to pay

more and special attention to election petitions and political justice and had little or no time for social justice for the poor masses,in spite of Fundamental Right Enforcement Procedure Rules made by the CJN pursuant to section 46(3) of the Constitution (as amended).

From our experience the earliest we got fundamental rights matters through, the High Court was 18 months, sometime we stayed for 3 years and through the Court of Appeal was 2 years.

There is no doubt about it that the courts have a constitutional obligation to hear and determine election matters within the time prescribed by S285(6) and (7) of the 1999 Constitution (as amended)

This is nothing short of discrimination against the poor who are in the majority in every society, in favour of the political class. In FHC/L/CS/2327/2019- MUSTAPHA OWOLABI V COMMISSIONER OF POLICE & 2 ORS, the victim, our client had stayed for over 8 years in prison without trial for offence of unlawful possession of firearms, which if he was tried and convicted he will have been imprisoned for a maximum of 3 years!!!. What injustice? how can you repay him for 8 years of his life that has been taken away from him?

As I always opened my address in the High Court and in the Court of Appeal, I tell the noble justices, that the only reason my client, was forgotten in prison without trial was because, he is not the son of the President, of a Governor, a Senator, or a House of Representative member, Ministers, Commissioners and Hon. Justices. They usually responded in protest and order me to add “(lawyer) or “Senior Advocates” and I always humbly obliged.

Constitutional law in Nigeria through the Judgement of the Supreme Court as authored by my humble self has just been published by the

Law Report Network, Lagos.

It is a discourse on the topical issues on the Constitutional law of Nigeria including, the rule of law, locus standi, election petitions, jurisdiction of courts, human and fundamental rights and their development through the judgements of the Apex Court of the land.

The importance of the judiciary, as the 3rd arm of the Government of Nigeria is illustrated by the very important roles that the judiciary plays in the adjudication of disputes, between the Government and the Governed, between various Governments in Nigeria, and between different organs of the Federal and/or the State Governments and between Citizens and/or other individual entities in the country.

Unfortunately, undue emphasis has been placed on political justice epitomised by pre and post-election disputes and petitions by express constitutional provisions over, social, and economic justice. Section 285 (6) & (7) of the 1999 Constitution (as amended).

Don‟t get me wrong, political justice – the determination of who our leaders are, at Federal, States and Local Government levels is very important. After all, they make our laws and determine how our limited economic and human resources are allocated and channeled with huge effects on social and economic justice. But the priority given election petition matters over all the other court suits, criminal, human rights applications, economic and business disputes has left a huge segment of our population denied of justice, including the poor, the weak and the needy in our society, who the law ought to give better protection.

Too many of our citizens are in jail awaiting trial for so many years, without any chance of seeing a court room, other than an appearance before a magistrate who has no jurisdiction over the matter for which they are charged on “holding charge” Most of these awaiting trial inmates, have no persons to speak or fight for them. They are not children or relations of politicians, Governors, Senators, Legislators or judges or justices or senior Advocates of Nigeria or even lawyers, or the big time journalists. But they are Nigerians.

Worst still, these are Nigerians whom our system, the Nigerian system has cheated in many respects. The system has denied them economic and social justice. Our and their common wealth has been embezzled by the political class. Their economic rights and their future have been

taken away by the conspiracy of our business and industry leaders and the so called multinational companies in connivance, with SEC and

other regulators.

Even the crimes they have been accused of have not been investigated at all or properly because either the police and other law enforcement agencies have not been properly funded or their funds have been embezzled. These in mates are hungry and sick because either the prisons or corrective centres have not been funded or their funding has been embezzled.

Any yet, a few of them who are lucky enough to have lawyers on pro bono basis file applications for enforcement of their fundamental rights, have their applications not given the urgency it deserves.

Some of these applications stay up to 3 to 4 years before being heard in the High Court and the few that go to the Court of Appeal and the Supreme Court suffer the same long delays. This is in spite of the Fundamental Rights Enforcement Rules 2009 made by the CJN pursuant to his constitutional powers which expressly provides that fundamental rights application should be given the urgency it deserves.

As a Senior Legal Practitioner, I can attest that this is honoured more in breach. Furthermore, when these applications are heard, and indeed the Courts find that these fundamental rights have indeed been breached sometimes with incarcerations of over 5 to 10 years, our judges punish the violators with kid cloves- damages of N1million and most times with refusal to compel the violators to apologise to their victims and the nation, contrary to the Supreme Court Judgement in Jim-Jaja v COP (2013) 6 NWLR (Pt. 1350) 225, upholding section 35(6) of the 1999 Constitution (as amended)

This is not good enough. Social justice is as important as political justice. Economic justice is as important as political justice.

What is more, even when the courts award these pittance as damages, some state governments appeal this judgement without paying the penalty, with a view only to simply abandon their appeals.

My noble lords, the CJN, honourable Justices of the Apex Court and the Court of Appeal and the Chief Judges of State high Courts here present there is need to focus on social justice and change our attitude to awaiting trial detainees. For every minute, every hour, every day they are in detention without trial, their rights are being violate by the state and the Government has to be made pay a high price for these violations. Lawyers who take on the task to file these applications are doing great service to our country. Courts and Attorney generals should not be looking at them as trouble makers. My humble submission to this highly revered audience is that social justice is as important as political justice and the honourable CJN and all the Heads of Courts should as a matter of urgency re-emphasise to their honourable justices that they need to give more time and urgency to the little man‟s case for fundamental rights and freedom.

That brings me to the menacing effect of “confession” in our courts and some trial judge‟s refusal to comply with the Administration of Criminal

Justice Act or law as the case may be. It is common knowledge that the Police and other law enforcement agencies hardly investigate matters diligently and to full conclusion before arrest. So they just arrest and detain and start their investigation by beating the hell out of their victims and procuring “confessions” and invariably in our law courts, the admissibility of a “confession” takes central stage and very long precious and scarce time of the courts. And our legislature

stepped in following the voices of our honourable justices at the Appellate Courts condemning convictions based on the so called “confessions” and suggesting safeguards. The legislature passed the Administration of Criminal Justice Act/Law as domesticated in the states. These statutes make provisions to guarantee that “confessions” are voluntary and to cure the disposition of the law enforcement agents of beating “confessions” out of their victims. See Section 15(4) of the Administration of Criminal justice Act, 2015 and Section 9(3) of the Administration of Criminal Justice (Repeal and Re-enactment) Law of Lagos State, 2015 provide:

SECTION 15(4) ACJA-

“Where a suspect who is arrested with or without warrant  volunteers to make a confessional statement, the police officer shall ensure that the making and taking of the statement shall be in writing and may be recorded electronically on retrievable video compact disc or such

other audio visual means.”

SECTION 9(3) ACJL,LAGOS-

“where any person who is arrested, with or without a warrant, volunteers to make a confessional statement, the Police shall ensure that the making and taking of such statement is recorded on video and the said recording and copies thereof may be produced at the trial provided that in the absence of video facility the said statement shall be in writing in the presence of a legal practitioner of his choice”

Surprisingly, inspite of clear judgments of the Court of Appeal in ZHIYA V PEOPLE OF LAGOS STATE (2016) LPELR 40562 (CA), AGBANIMU V FRN (2018) LPELR-43924(CA) and OLUWATOYIN V THE STATE (2018) LPELR 44441(CA) interpreting these sections

and holding that any “confession” not procured in compliance with these statutory provisions are inadmissible and no conviction should be based on them, we find it unacceptable that the High Court have continued to hold “trial within trial” to determine whether confessions are admissible under the judge's Rules and have largely ignored these statutory provisions. Even when these provisions are brought to their attention. This is a very unnecessary waste of scarce judicial time and has continued to encourage law enforcement agents to continue their old behaviour.

We submit that every “confession” must be subjected to the terms provided by Statutes- Was it done in the presence of a Legal Practitioner of the accused? If no. Was it recorded by video? Once it is not, then the confession is inadmissible and the poor victim must be set free. This will compel our law enforcement agencies to change course, and to start to do proper investigations and will protect these less privileged Nigerians.

ECONOMIC JUSTICE

From my experience in my long stay in the banking industry, it became very clear to me that most multinational companies in Nigeria are doing very well, a lot better in Nigeria than in their home countries and other countries they are operating and my little analysis revealed that the main reason they are doing so well in Nigeria is because they break all our laws and operate with impunity with the connivance of our regulations and of course our weak institutions, so I resolved early in my practice to fight for economic justice in our country through my law practise.

These companies become greatly financially successful violating our laws, compromising our institutions and regulatory officials and they employ lawyers, senior lawyers who encourage and protect them to even violate the integrity and sanctity of our courts and turn around to publicly on television to humiliate our judges, and denigrate the integrity of our courts, comparing them to courts in United Kingdom and elsewhere by unwarranted, vinolent criticism of our judiciary on judgements they did not read at all.

These destructive criticism of the judiciary must stop. It is more painful and condemnable when done by Senior Advocates of Nigeria who have not read the judgements they come to the television to criticise. Take for example the Senator Hope Uzodima & Anor v Rt.

Hon. Emeka Ihedioha & 2ors (2020) 5 NWLR (Pt. 1718) pg. 529 judgement of the Supreme Court. They refer to it is a Page 9 of 14judgement whereby the Apex court made a candidate who was 4th , as declared my INEC the winner and call him the Supreme Court made Governor.

Lets purse for a moment, who is not a Supreme Court made Governor, Senator or Legislator? Did most of them not go through the courts in various election petitions proceedings to emerge as Governors, Senators or even President?

In this book, that judgment was analysed in Chapter 10 dealing with disserting judgements and I humbly submitted that Hope Uzodima won the Imo State Governorship election based on the facts presented to the tribunal, the Court of Appeal and the Supreme Court on the results released by INEC at the polling Units and in accordance with our laws of evidence and civil procedure and our Electoral Act. At the Court of Appeal, there were two judgments, a majority judgement of 4 Hon. Justices and a minority judgement of Hon. Justice Frederick Oho before the Supreme Court. This minority judgement is completely forgotten by the popularity seeking critics of the Apex Court who had not read

the judgements of the Court of Appeal, and have not read the judgement of the Supreme Court. Any minority judgement at an intermediate court, is always very important for the final court in any jurisdiction including Nigeria, UK, USA and Canada. Afterall, the greatest reformist Judge that has ever lived Lord Denning himself said that when he found that he was less able to persuade his colleagues (most times 4 Lord Justices) at the House of Lords, he asked to be

taken back to the Court of Appeal. His reason was that it enabled him in the Court of Appeal to persuade just one Hon. Justice to form a majority judgement and that if he failed to persuade any of the other two Hon. Justices, he will write a minority judgement which he hopes will be before the House of Lords

Justices in the consideration of the appeal and may be and just maybe, he will be able to persuade 3 of the 5 justices to get a majority judgement of 3 to 2 and his reformist agenda becomes law of the land.

Coming back to the Hope Uzodima‟s appeal before the Supreme Court, the Supreme Court preferred the minority judgement of the Court of Appeal to the majority judgement and on the basis of the law of “pleadings 101”, the Apex Court Hon. Justices resolved the actual dispute presented to it by the parties and the lead judgement by my noble Lord Kekere Ekun JSC in several portions of the judgement magisterically endorsed the reasoning of the judgment of the

dissenting Justice at the Court of Appeal.

It is therefore my humble submission that there are places for constructive criticism of the judgements of courts of every level, and that a dissenting judgement is the most potent criticism of the majority judgement which becomes the law of the land. A dissenting judgement gives the law faculties, the ivory towers a great source to ventilate the intellectual minds of our law professors and teachers.

They teach their students with these judgements and produce good lawyers and judges. We lawyers criticise the judgements of courts when we exercise that very important right of Appeal. Skye Bank Plc

1. Iwu (2017) 16 NWLR (Pt. 1590) 24; We can even humbly „yab‟ my lords, just prefex your criticism, with, “with profound humility and due respect” to the trial judge or the Court of Appeal, as the case may be and as Fela will say, we yab them. Yes, our appellant brief is a great opportunity for a reformist lawyer to criticise our lord justices. Writing articles and even books give us opportunities to constructively criticise our judges – definitely not on social media or on television, particularly by lawyers who have not read the judgments.

Finally on this point, it is my humbly submission that our judiciary has done well considering the constraints under which they operate. At least, they have done better than the executive and the legislatures – the other two arms of Government. And as President Biden of the United States is reputed to have said on the campaign grounds, DON‟TCOMPARE ME WITH GOD. COMPARE ME WITH MY OPPONENTS!!

Perhaps the greatest judgement of the Supreme Court on social and economic justice, in the last decade, for which they have not received commensurate commendations is the judgement of the Court in Attorney General of Kaduna State & ors v. Attorney General of the Federation & ors.

The apex court under the leadership of our incorruptible, courageous and fearless Chief Justice of Nigeria, Honourable Justice Olukayode Ariwoola GCON spoke truth to power and emphasised that this country is a democracy, and a Federation and that no body, not even the President is above the law and that the rule of law must prevail etc and saved the masses of this country from the well orchestrated determination of the Government goaded by an inept Central Bank to

punish everybody by simple change of currency policy that was never thought through. Permit me to quote - “The Supreme Court in the case of A.G. OF KADUNA STATE & ORS. V A.G. OF THE  FEDERATION & ORS (2023) LPELR-59936 (SC) Per Honourable Justice Emmanuel Akomaye Agim J.S.C delivered on the 3rd of

March 2023 held that:

“Inherent in their status as constituents of the Federation under a democratic constitution, is their right to be

consulted by the president before the exercise of any executive power of such magnitude as can have far reaching effect on the governance, economic and social order of each constituent of the Federation. Such right is inherent in the idea of a federation in a democracy.

Without it, the federation losses its sovereignty and the president become the sovereign and the Government of

Nigeria a dictatorship…” “…the duty is implicit in the provisions of S.5(1) of the 1999 constitution that makes the president an agent of

the federation. As held herein, it is inherent in their status as constituents of the Federation under a democratic constitution, is their right to be consulted by the President before the exercise of any executive power of such magnitude as can have far reaching effect on the governance, economic and social order of each constituent state of the Federation. Such right is inherent in the idea of a Federation in a democracy. Without it, the Federation losses its sovereignty and the President becomes the sovereign and the Government of Nigeria a dictatorship…”

“let me consider the issue of the President’s disobedience of the 8-2-2023 interim order that the new and old versions of naira notes continue to circulate as legal tender until the determination of the pending application for interlocutory injunction. It is not in dispute that the 1st defendant refused to obey the said order. The President’s 16-2-2023 national broadcast reproduced here in pages 27-31 demonstrates this disobedience. In disobedience of the order, he directed that only the old

200-naira notes be recirculated.”

“..the rule of law upon which our democratic governance is founded becomes illusory if the President of the country or any authority or person refuses to obey the orders of courts. The disobedience of orders of courts by the President in a constitutional democracy as ours is a sign of the failure of the constitution and that democratic governance has become a mere pretension and is now replaced by autocracy or dictatorship.”

Thank you very much for listening as I rededicate my life to the fight for social & economic justice in Nigeria.

DR. CHARLES .D. MEKWUNYE (SAN)

LL.B (Hons) Ife, LL.M (Unilag) MBA, DBA. FCI.Arb.

Every Nigerian knows that we have an electricity problem. It has been a recurrent sound bite in development discourse in Nigeria post- independence. This challenge is generational and has defied all attempts in the past to solve it. And Nigerians are gleefully looking to the incoming administration to end the search for the solution to this hydra-headed problem and terminate Nigeria’s electricity conundrum. Whether this administration will succeed where others have failed in unravelling the electricity conundrum depends on its careful study and understanding of the problem. It will entail an in-depth review of all previous initiatives to solve the problem, and the current state of the whole electricity value-chain in Nigeria as well as providing bespoke strategies to provide sustainable electricity supply that meets the massive demand in Nigeria. Electricity, especially in Africa, connotes light, which signifies progress, knowledge, and awareness. Therefore, literarily, the absence of light is darkness; metaphorically, the lack of electricity connotes the dominance of darkness, which Africans associate with everything negative – witchcraft, poverty, stagnation, and even death. Little wonder the availability of electricity, or lack thereof, is significant to Nigerians.

However, several studies have empirically proved that a lack of electricity correlates with poor human development indices. And on the flip side, access to reliable power can dramatically unlock higher quality of life. Three pertinent questions merit consideration: what is the current state of our electricity challenge ? What are some of the negative consequences of Nigeria’s electricity conundrum? And what solutions can the new administration pursue to solve the problem? Answers to these questions, though limited in detail and a rather snapshot of the current realities, provide a clear picture of the way forward for Nigeria and a bird’s eye view of the electricity ecosystem in Nigeria.

The current state of electricity generation, transmission and distribution in Nigeria is a study in crisis. This crisis has become endemic and defied logic and common sense. First, Nigeria’s installed electricity generation capacity is said to be about 13,000 MW. However, actual generation capacity delivered to the national grid for transmission to Nigerians has during the past 8 years stagnated at an average 4100MW – 4200MW daily, even though during the past 2 years there has been a marginal improvement in energy quantities delivered to the grid reaching 4,753MW on February 2023. The consistent inability to deliver much beyond 33% of total installed generation capacity is a function of fairly long- standing market, infrastructure and regulatory challenges. This is for a population of over 200 million. Egypt’s installed electricity generation capacity was approximately 58,000 MW, making it one of the highest in Africa, with 100% access, for a population of about 80 million people. As of 2021, the installed electricity generation capacity in South Africa was approximately 58,000 MW, with 84.4% access for a population of about 60 million people. These two countries, with a similar economic size to Nigeria, produce and distribute about 15 times more MW than Nigeria, whose population is almost three times more.

Second, Nigeria’s electricity distribution infrastructure needs to be updated and requires substantial investment. Transmission and distribution losses are high, resulting in a significant waste of generated electricity. Frequent system failures, such as blackouts and voltage fluctuations, are common due to inadequate infrastructure. Third, the regulatory framework for the Nigerian electricity sector has faced criticism for needing to be more effective and conducive to attracting investments. Inconsistent policies, bureaucratic hurdles, and difficulties enforcing regulations have hindered progress in the power sector. Fourth, electricity theft and non-payment of bills pose significant financial challenges for power distribution companies in Nigeria, affecting their ability to invest in infrastructure improvements and sustain operations effectively.

Fifth, lack of a systematic, integrated approach to investment in the sector and a need for sufficient diversification among gas, solar, wind, nuclear, and hydro sources. And finally, inadequate planning in anticipation of demographics, domestic and industrial power needs, and sabotage of public power supply to favour the generator lobby. These factors compound our electricity conundrum and render most efforts in improving electricity ineffective.

The consequences of this electricity quagmire are dire. Nigeria’s failure to actualise its full potential is partially attributed to this electricity conundrum. Studies have shown how the lack of reliable, affordable, and quality electricity has systematically underdeveloped our country in the past 30 years. And I will point out a few ways lack of electricity has stagnated our development or underdeveloped us.

The first is that it impaired economic productivity. Electricity is a fundamental requirement for industrial and commercial activities. Without reliable power, businesses face operational difficulties, reducing productivity and competitiveness. Lack of electricity also limits the establishment and growth of new industries, hindering job creation and economic growth. As a result, the country’s inadequate power supply has induced low economic development and a high unemployment rate. The Africa Industrial Index Report and World Bank data show Nigeria has had a low industrial growth rate over the past two decades.

The second is that it  significantly limited access to essential services. Electricity is a fundamental aspect of modern life and vital in providing critical services such as healthcare, education, food security and clean water supply. Without electricity, healthcare facilities struggle to operate medical equipment, schools face challenges in delivering quality education, and communities may lack access to safe drinking water. This limited access to essential services hampers human development and perpetuates the country’s poverty cycle. This partially explains why our poverty rate is one of the highest globally.

The third is that it creates social and political tensions. The lack of reliable electricity can exacerbate political instability, particularly in fragile or conflict-affected states, and it can limit the government’s ability to provide essential services and create a sense of angst and frustration among electricity consumers. This has led to social unrest, political instability, and sometimes violence in the country.

The fourth is the environmental consequences. The reliance on fossil fuel-based generators as an alternative power source contributes to increased carbon emissions, air pollution, and ecological degradation. Inadequate electricity infrastructure impedes the development and adoption of renewable energy sources, slowing the transition to a more sustainable and low-carbon energy system.

The final impact is on security. Power outages and unreliable electricity supply have security implications. In urban areas, the absence of street lighting during blackouts can increase crime rates and compromise public safety. It can also negatively impact the operations of security systems, such as surveillance cameras and alarm systems, affecting overall security measures.

We appreciate this electricity challenge and how it has played a crucial role in our stagnated development, and we keep trying to fix it. However, we have been making cyclic movements – “motions without movement” in the same spot. The government created NEPA, embarked on massive electricity power sector reforms in 2005, started Nigeria Bulk Electricity Trading Company in 2010, privatised Distribution Companies in 2013 and Generation Companies in 2014. Yet the challenge remains. Progress has been marginal. Power generation on the grid rose from a meagre 3,183 MW in 2013 to 4,753.9 MW in 2023. With about a sixth of our population, even Ghana has a dependable electric power generation of 4,710 MW, with the access of 85.9% against our 57%.

 How can the incoming administration rescue Nigeria from this intractable and malignant malady of electricity poverty?

The new administration must understand the four-fold snags the electricity industry faces: an exponential increase in the demand for electricity due to a rapidly increasing population without commensurate investment in the supplyend; pervasive insecurity threats to power installations and gas infrastructure given that about 80% of grid-tied generation are gas fired; high electricity transmission and distribution losses; over-reliance on generators which last year cost more than $5.2billion for importing and running generators; and liquidity challenges faced by distribution companies due to low collection efficiency and theft.

This understanding must lead them to declare a state of emergency on electricity. We can only imagine the multiplier effect of the government getting electricity right on our way of life. Nigerians over the generations have yet to experience sufficient electricity. The culture shock most Nigerians have when they go abroad is experiencing a constant electricity supply, and it takes a while to get used to it. This government must take Nigeria out of this “self-inflicted” electricity conundrum and put us on the road to sustainable electricity sufficiency.

I will suggest a cocktail of options available to the government. The government must create the right policy environment and framework for increased private investment in power generation, leading to the modernisation of transmission infrastructure and management. It must work towards greater diversification of energy sources, emphasising renewable and clean energy sources. It is time the government considered nuclear energy as an option. If South Africa , Iran and Turkey can build nuclear power plants , we have no excuse not to. Government must review existing distribution concessions with greater due diligence on the financial health of distribution companies. It must implement a steep upward review of tariffs on generator imports after a given period of grace to discourage generator dependency, and the government must do this simultaneously with improvement in power supply. The government must upgrade and modernise the national grid to make it more flexible and compliant with current global trends. State Governments , with the new constitutional provisions must play a critical role in our drive towards power sufficiency .

I am unconvinced that Nigeria is doing enough to fix this intractable electricity challenge that has held our development down from pre- independence. It’s from one tell-tale to another. Like a new chapter, the beginning of a new administration is not a time to blame past governments, the private sector, contractors, or consumers for our serial failure to fix power. It is time to assemble our best hands wherever they may be, be single-minded and drive the optimisation of electricity as a national project to unlock our true potential. The leadership of our country must show real commitment and strong will to improve the generation, transmission, and distribution of electricity. Nigerians expect nothing less. Failure is not an option—Nigeria’s economic, social, and political future hinges on solving our electricity conundrum .

Irrespective of who eventually becomes the President, the person will face a huge legitimacy crisis from a big swathe of the country. For instance if the courts affirm Tinubu as the President, he will have to deal with the fact that there is a substantial population of people from the North who believe that since the South is assumed to control the country’s economy, political power should be ceded to the North permanently to serve as a lever. Though they may not admit it, neither Tinubu nor the North trusts each other despite media shows of a strong alliance. In fact there is a suspicion that one of the reasons for the clamour by the North West to produce the Senate President is so for the North to have a lever to control Tinubu if the courts eventually affirm him as the President. On the other hand Tinubu and his strategists will want their core loyalists to lead the National Assembly – just in case the tribunal annuls the election and the Senate President has to hold forte while a new election is organized.

The truth is that no one part of the country fully trusts any other because the sense of national identity (nation-building) has either stalled or in a reverse gear. Any ethnic group which thinks it is trusted more than others has probably not made an audacious bid for national power or its population is so insignificant that it is not seen as a threat to any group. Virtually every part of the country has an institutionalized memory of hurt and a feeling of being marginalized or unfairly treated in the national scheme of things. This has triggered a process of what I elsewhere called a ‘de-Nigerianization’ process – several Nigerians – individually and as groups- delinking from the state and constructing meanings in some primordial identities, often with the Nigerian state as an enemy. There is simply very little attachment to the state such that we can talk of Nigeria without Nigerians.

A Tinubu presidency will also face a legitimacy challenge from the Igbos not only because he has been linked at the profiling and suppression of the votes of the Igbos in Lagos during every election cycle since 1999, but also because in the recent elections in the state he was believed to have surreptitiously encouraged the violence, ethnic profiling and voter suppression in the state because he lost the presidential election to Peter Obi’s Labour Party. A Tinubu presidency is equally likely to face a serious challenge from the Christian community because of his Muslim-Muslim ticket. People who believe that the Muslim-Muslim ticket worked because it facilitated Tinubu winning the election (or being declared as such by INEC), may be jumping the gun. That ticket has not been tested.

If the courts accept Atiku’s arguments that he won the election, he will face substantial challenge from the Southern part of the country who will not only resurrect the battle cry of Northern domination but also of Fulanisation and Islamization. This will fuel separatist agitations in the South and will especially oxygenate the demand for a Yoruba nation. Though Atiku is generally regarded as a cosmopolitan and liberal Muslim, the nature of Nigerian politics is such that his ethnic and religious bases will seek to capture his presidency – both as a protection for him amid expected media attacks and for ensuring their disproportionate access to state privileges. Despite his avowed liberalism, Atiku was the ‘Northern consensus candidate’ in the run-up to the PDP’s presidential primary in 2010. Again during the campaigns for the 2023 presidential elections, Atiku urged the North to vote for its own – indicating that he will not be averse to becoming a willing captive of Northern Muslim interests for self-preservation.

If Peter Obi is declared winner of the election by the courts, he will face gargantuan nation-building challenges – from both the Muslim North which substantially distanced itself from his candidacy and from a majority of the Yoruba who will feel he has pushed away the breasts from the mouth of their son, Tinubu, especially given the ethnic rivalry between the Igbo and the Yoruba. In particular an Obi presidency through the courts may be considered an affront by the core Muslim North which seems to believe that no one from the South can be President without its say-so. An Obi presidency will also face a substantial challenge from the Muslim community in general not just because he has been defined as a Christian candidate but also because the two Christian Presidents that the country has had since 1999- Obasanjo and Goodluck Jonathan – were all accused of playing the religious card. This is because of the suspicion and rivalry between Islam and Christianity and what appears to be special sensitivity to a Christian Presidency in the core North. Additionally, an Obi presidency will likely be wrapped with the flags of Biafra and IPOB, both of which are bugaboos in many parts of the country especially the core north. Igbophobia may even increase under an Obi presidency.

Given the above scenario one can surmise that whoever becomes the president will have a major legitimacy challenge that is rooted in the failure of our nation-building process. While optics has a role to play in the nation-building process, the politics of distributing political offices is essentially an elite game and mere tokenism that cannot sustainably address the crisis in our nation-building process. It should be borne in mind that most ethnic groups in the country do not depend on the government for the success of their members so disadvantaging any group in political appointments and distribution of privileges will have little or no impact on that group’s progress. Besides, there is a spark of the divine in all of us which makes many people to protest against injustice even when they are primed to be the main beneficiaries of such. For instance the North led the condemnation of Buhari for his nepotism and favouritism of Northern Muslims in appointments in the early years of his presidency. Similarly, many Yoruba chose to support Peter Obi during the last presidential election because they believe that the Yoruba have had their turn and that for ‘equity, fairness and justice’, it should be the turn of the Igbos in 2023. In the same vein, when the 1993 election won by MKO Abiola was annulled, people from different parts of the country teamed up with their Yoruba brethren in NADECO to fight for the revalidation of that mandate. Additionally, every ethnic group in the country will always outlive a nepotistic and vengeful leader because the leader has a maximum of eight years in office. Again in the age of social media, there is a limit to what a narrow-minded leader can do because if the leader says never, several people and groups in the cyberspace will intensify their own nevertheless and give him hell.

Given the scenarios painted above amid an economy that is nearly comatose, it is obvious it is not going to be a tea party for whoever the Supreme Court declares as the President of the country.

Seun Kuti, Afro Beat Musician, known more for being a son of Fela Anikulapo-Kuti, than his achievement in his choice of career, is a very lucky guy. Otherwise, he would either have been in a hospital now with broken bones, or worse, in the mortuary.

On Saturday, Kuti pulled a shock on most Nigerians. The result was an outrage. But he didn’t care. He crossed the red line as if it was his right to do. As if it was the normal thing to do. And he did so in style. He boasted with it. And regaled in it. And flaunted it. And he was like: Why not? Do you know who I am? So one is tempted to ask: Who is he? What has he achieved in life? Or contributed to the society? Or the music industry?

But for his legendary father’s name, who would have heard his name? Or recognised him as an afro beat musician? He is not one of Nigeria’s young musicians who has, proudly, sold Nigeria to the world. Nigeria’s great Ambassadors. One hears his name in connection with Afro beat music because his father was the king of that genre of music. He was the lord and master. The ultimate. Kuti’s identity is his father. But that’s fine. It is his luck. His privilege. Otherwise, which of his songs has gone viral worldwide? Even in Nigeria?

Yet, it is that name that Seun Kuti spat on, and dragged on the floor, and finally pushed into the gutter on Saturday, May 13, 2023.

On this day, Kuti did the unbelievable. Over what has not been made public, except for speculations, Seun Kuti, along the Third Mainland Bridge, Lagos, pushed a a couple of times, a Police officer, fully dressed in his uniform, driving a Police vehicle. He shoved the Police Officer. Held his uniform. Made as if he was going to give the officer a headbutt. Almost spat on his face. And, finally, slapped the Police Officer hard on the face. It wasn’t all. He, also, verbally, abused the officer. For example, he asked the officer: “Are you stupid?”

Between Kuti and the Officer, the question is: Which of them was stupid in the instant case?

I would, without any shadow of doubt, give the medal of stupidity to Kuti. His action was stupid. And, he was just lucky that he met a cool-headed Police officer. In the face of an unbearable provocation, the Officer maintained his cool. He was calm. He kept his mouth shut. And kept his hands down. As Kuti pushed him around, shoved him, spoke into his face, and slapped him, he did nothing.

Kuti is lucky he did not meet a crazy officer. A hot-headed one. Otherwise, that was Third Mainland Bridge. Kuti could have found himself in the Lagos Lagoon, or the Atlantic Ocean. What he did can only happen in Nigeria. And yet, Kuti was allowed to have two comfortable nights wherever he hid, and had the privilege of reporting himself to the Police Monday morning.

In some other countries, even in the most civilized countries, the United States of America, for example, Kuti’s body would have been bullet-ridden. In the US, as most countries, the worst thing one can do is to physically attack a law enforcement agent. It is a near abomination. It is okay if one verbally attacks him, but to go physical?, death would have become one’s company. Even when the Police stops one’s vehicle, one is not expected to move one’s hand, or grab one’s phone, or step out, unless one is asked to do so. It could be fatal. Not in our dear Country.

In Nigeria, we’ll grab the phone, call a superior officer, or one big man, and threaten the Police who stopped one with a sack. Many Nigerians think most Policemen are inferior to them. That they are illiterate. But not true. They should go and cross-check. Many of those Inspectors, Sergeants, Corporals, Constables you see see are University or Polytechnic graduates. They are Lawyers and Engineers. They are well-read. There are Inspectors who are Medical Doctors and Lawyers. Some Sergeants have Masters degrees. Of course some are, also, not very lettered. But it is so in a number of careers – including in Politics.

That was what Kuti did. In his initial reaction to the ugly incident, he said the officer wanted to murder him and his family. Then he asked everybody to mind their own business. That the Officer had apologized to him. And he doesn’t want the officer sacked! Just imagine!!

Kuti did not say how the officer wanted to murder him and his family. At the scene, the only member of his family seen there was, I guess, his wife. If so, husband’s public attitude must have embarrassed her. Not even her presence could restrain him from unleashing violence on a Police officer. That was disrespectful. He owes his wife an apology. And, I just wonder if there was a child in the car. I hope not, because the child must have been terribly scared.

What pushed Kuti? Did he forget his identity and, well celebrity status? Did he forget that, perhaps, there are some young kids who look up to him? What pushes some of these celebrities? Does that “status” give them the privilege to talk anyhow? Behave anyhow? Atimes, I just shudder, reading and/or watching some of them. In this era of social media, nothing is sacrilegious enough for them not to post – even their intimate lives. Their nakedness, they even force on us!

Of course, we know, celebrities can be crazy. But, in civilized climes, they know their borderline. There are behaviours which could strip them of everything they worked for within a minute. Accomplished Actor, Will Smith, lost everything, almost, in 2022, because, in one insane moment, he slapped Chris Rock, the host of the Oscars for jokingly mocking his wife. He lost money, roles in movies, endorsements and even banned from the Oscars. Yet, he wept and apologized profusely for that show of shame.

Kanye West, talented musician, lost billions of Dollars in endorsements for posts he made which were considered inappropriate.

When our Celebrities travel out of Nigeria, they toe the line. They behave well. They respect the law. But once some of them are home, anything goes. It becomes: “Do you know who I am”? Can you imagine an American celebrity, for example, slapping a Policeman, and boasting about it. In another viral video, Kuti boasted that he had slapped many Police officers before.

Police Authorities in Nigeria need to wake up. They need to inspire their people. They need to give them confidence. They need to stop treating them condescendingly, especially, by reducing them to domestic servants to the rich and mighty. It will not be surprising if Kuti usually has Policemen attached to him at one time or the other.

Is there any wonder, that instead of showing remorse, he is boasting. At the Lagos Police Headquarters, he even had a smile playing around his lips. He was sure-footed.

In the instant case, for example, the Commissioner of Police, Lagos, did not need to wait for the IGP to give him the marching orders to go after Kuti. He should have done that the minute it was reported to him. Where were the DPO and the Area Commander in that area? Kuti ought to have spent Saturday and Sunday nights in a Police cell to know the gravity of what he did, no matter the provocation. And what was the provocation, anyway? He would have been picked up even before the news got to the IGP.

What I hear a few people say is: “Good for the Police. We don’t like them. They assault and humiliate and even kill innocent people. Sure. I agree. It is a menace. But there is no profession without its own bad eggs. The percentage of the good people in the Nigeria Police Force, triples the bad. “Kill the Police, kill the Police”, but where will this country be without the Police? Nobody throws away the baby with the bath water.

Back to Kuti. The IGP’s prompt action is commendable. No waste of time. And so is the immediate weigh-in by Dr Solomon Arase, IGP rtd, and Chairman Police Service Commission. If this incident is not thoroughly investigated, and handled, and in doing so, make it clear that it is a crime to slap a Police officer; nobody will ever respect the Police again. They will become rags. Said an angry eye witness to the Kuti incident, “If Kuti is left free, I will go out and slap a Police officer, and nothing will happen."

The ball is in the court of the Law Court to decide.