Since 1960, when Nigeria became politically independent from the British colonial government, there has never been this level of despondency occasioned by economic hardship, rising poverty, insecurity and other forces widening the national fault lines.

Indeed, October 1st anniversary has always come with a fanfare, but this year, the mood is that of a funeral – the opposite of a country that started with high hopes 
The eerie feeling is not unconnected with dimming hope and near hopelessness nationwide. The Federal Government must have gauged the mood of most Nigerians, when it declared that the independence celebration on Sunday would be low-key, as foreigners will not be invited to commemorate the day with Nigeria.
 
The Secretary to the Government of the Federation (SGF), George Akume, however, said: “Low-key celebration has nothing to do with whether we are not doing well. Economic times are hard; we are looking at it not just at the national level but also as a family.”
 
The theme of the anniversary is: ‘Nigeria @ 63: Renewed Hope for Unity & Prosperity.’ But there is nothing to celebrate now in Nigeria as the country is currently facing an existential crisis.
 
The dearth of leadership since the collapse of the first republic in January 15, 1966 has given rise to primordial sentiments, clan clashes that gave birth to deadly separatist and terrorist groups that have killed thousands of people and security agents in the country.
 
While the Indigenous People of Biafra (IPOB)/Eastern Security Network (ESN) are holding the country by the jugular from the Southeastern part of the country, Boko Haram and bandits have made the northern part of Nigeria unsafe for social and economic activities. Southwest is also grappling with kidnappers that have taken over its forests, making farming almost impossible. So, also is the infrastructural deficit that makes investment in Nigeria less attractive.

‘First-world’ hopes at the beginning  
Most countries that got their independence at almost the same year as Nigeria have passed the teething economic stages and are ranked among the developed countries in the world, while Nigeria is still crawling at 63.
 
For instance, Nigeria and Singapore were newly independent countries in the early 60s and shared several homogeneous economic statistics as of then. However, Singapore has outperformed Nigeria in economic development, and has earned a first world status. Singapore has a GDP per capita of $93,400 as of 2020, while Nigeria’s GDP per capita is $4,900 at the same period.

  
The case of Malaysia was also not different. Nigeria and Malaysia shared certain features, with high hopes to lead the world. After all, both are plural societies; both experienced colonialism and both are federal and “democratic” states. However, unlike Nigeria, Malaysia has been able to tackle not only its cultural and religious differences but also economic challenges.
   
Within the past three decades, it has deepened its democracy and achieved a significant level of economic development via responsible political leadership, as well as consistent economic planning. Malaysia is now one of the emerging economies in the world with a prospect of joining the league of developed nations in the nearest future.
 
Malaysia has a GDP per capita of $26,400 as of 2020, while Nigeria’s GDP per capita is $4,900 at the same period. The Malaysian economy rebounded strongly during 2022, with economic growth momentum boosted by the easing of COVID-19 restrictive measures, and buoyant exports of electrical and electronic products, palm oil products, as well as oil and gas exports whereas Nigeria is battling with many structural issues, including inadequate infrastructure, tariff and non-tariff barriers to trade, obstacles to investment, lack of confidence in currency valuation, and limited foreign exchange capacity.
  
Comparing Nigeria with other African countries that got independence almost at the same period, Prof Toyin Falola told The Guardian that: “It is even more difficult to accept the present reality if we look at the situation considering the state of other nations which gained an independent head start with the giant of Africa. I must admit that quantitative assessment of realities is not the preoccupation of the historian; hence, I will refrain from attempting such painstaking particularisation of woes. But the truth is that if Nigeria had been on a journey to bliss, the drivers, at some point, must have indulged in some frivolous detours at the expense of the Nigerian people.”
 
The renowned international scholar noted that “It becomes even sadder when we realise that other countries like Kenya, Ghana, Rwanda, and South Africa, who became independent about the same time or much later, have taken flight, leaving the giant behind. The question beckons: if it took six decades to arrive at this abyss, how much determination and sacrifice do we need to get the nation back on track? It is my humble opinion that the nation is not the problem. The drivers of the nation are.”

And the fault lines are widening
However, the removal of fuel subsidy has further increased inflation and hardship in Nigeria without corresponding palliatives from both the federal and state governments. Besides, the recent hike in the price of diesel from about N750 per litre to N1,100 per/litre may force many companies out of business and increase unemployment rate.
 
Apart from parlous state of the economy that will prevent most Nigerians from celebrating Independence Day on Sunday, the outcome of the 2023 general election has further polarised Nigerians along ethnic lines, causing serious setbacks in efforts to build a nation-state.
  
A former Emir of Kano, Muhammed Sanusi, regretted that the last election has, “dangerously divided Nigeria along ethnic and religious lines.” He said: “I don’t think Nigeria has been in a place as difficult as this since the civil war. We have a challenge of nation-building. We have a country that has been divided dangerously along ethnic and religious lines. We have an economy that is in the doldrums, and unfortunately, we seem to be having a dearth of leadership.”
 
But a Social Entrepreneur and Public Affairs Analyst, Chukwuma Okenwa, while agreeing that the 2023 general elections have thrown more divisions in the country, blamed the Independent National Electoral Commission (INEC) for jettisoning its own rules.

He stated that for the first time in a long while, Nigerians decided to vote to make things right for themselves, stressing, however, that the confidence they reposed on the electoral body was dashed when merit was thrown to the wind in preference for the highest bidder. He said: “One interesting thing that arose out of the election, especially the presidential election was the fact that it gave each region the opportunity to present her very first. Now, you saw discussions that were tailored towards religious and ethnic lines and the desire would have been that the electoral umpire should use its rules and regulations to ensure that the candidate with the highest votes and more receptive to the people wins the process. It never happened.
 
“For such an election for the very first time in Nigeria, we are having across the nation litigation numbering about 500 cases. You had almost all the parties contending that a lot went wrong and didn’t go the right way. What it means is that the sacrifice that was put up for a better way of doing things had been thrown to the dust.”
 
Okenwa continued: “Another thing about the process is that we now see the responsibility of INEC, which includes the conduct of election, declaration of results, and winner now being shifted to the court. As we see in other democracies across the world where after an election, the winner congratulates the loser; we didn’t see that happening in the last election.
 
“So, the division is also not being able to manage the sensitivities that have lived with us for several years, which the Federal Character Commission has not been able to manage, but to now deepen it such that it has become glaring that certain people should not be near power and what have you.”
 
On the way out, he stated that Nigerians are seriously looking at the judiciary to remedy the situation by taking holistic review of the elections, adding that should they uphold, the presidential election will mean additional responsibility of the administration to manage the country’s sensibilities.
  
He insisted that whatever action being made by institutions of the country should be tailored towards the sustenance of unity and the constitution of the land.
  
Spokesperson of the Labour Party (LP) Presidential Campaign Council, Dr TankoYunusa, blamed greed, and the premium placed on the pursuit of the primordial sentiments of tribe and religion as the bane of the country’s development.
 
Yunusa maintained that Nigeria would remain on its knees if the ruling elite sustained the ugly trends. In a chat with The Guardian ahead of the 63 Independence anniversary of the country, he noted: “The truth is that Nigeria is a great nation. We have a lot that would have made us better as a collective and prosperous country. Our leaders started in the right direction, but unfortunately, they allowed tribal and religious sentiments to cloud their sense of collective judgment. 
  
“And that is exactly where we started getting it wrong. And then to institutionalise it when individuals started thinking about themselves and not about the country and the people themselves exacerbated the matter more. 

 
“Then we now have greedy politicians who are not thinking about the country as a united entity, but their interest is about power and what they can grab for themselves alone. They forget that if they make the country better and the country is united and is doing well everybody will benefit. Unfortunately, they didn’t think in that direction. Everything is now falling to pieces.”
 
However, an elder statesman, Malam Tanko Yakassai, insisted that the country is on course towards achieving the desired growth despite the setbacks it recorded over the years.

According to him: “The most important thing is that we have now gained independence, we are no longer a dependent country. We are on our own. It’s just like a slave you set free; once he is free he is free forever. 
  
“Now in the course of life, you have challenges. Sometimes you overcome them, some other times you struggle hard before you overcome them. But, whatever happens, they are processes of progress. 
 
“When you overcome problems, it’s a development. Even if you did not succeed you are gaining experience because the next time you know what to do to solve that problem. This is what we are doing presently, which is the significance of independence. 
 
“We are now in control of our destiny. This is the process even the most advanced countries like the United Kingdom (UK) and America have all gone through. Today we are the managers of our own affairs, which was the driving force behind our agitation for independence.”
     
President of Ijaw National Congress (INC), Prof. Benjamin Okaba, said to achieve national unity and cohesion: “The first thing is to guarantee justice, equity and fair play in accordance with the dreams of the founding fathers of the country, who gave us our own indigenous constitution that had respect for our unity in diversity.”
 
He recalled that in that same constitution, we had a country where our individual challenges were not allowed to derail, but foster development, lamenting the current situation where Nigeria has become secondary to individual and ethno-religious affiliations.
 
He called for restructuring of the country, especially its politics, and a return to regionalism, which enabled the different regions to develop at their own pace and foster competition, rather than rivalry, and each region, was able to control and exploit natural resources in its domain and derivation formula was 50 per cent.

 
Okaba stressed that with the failings of the federal system of government, as being practiced in Nigeria today, there is a need for restructuring, saying what the country needs today is a confederation, where the federating component units will have some level of autonomy, with the centre being less attractive, as was the case in the First Republic.
 
The university don lamented that today, individual and ethnic affiliation has taken precedence over national interest and patriotism.

The way forward
 Speaking on how to build a nation-state where all ethnic nationalities will interact without mutual distrust, spokesman of the Pan Niger Delta Forum (PANDEF), Dr. Ken Robinson, stated that it will require multi-layer efforts, involving the government, opinion moulders, women leaders, traditional rulers, politicians, and stakeholders at various levels to do their bids, in terms of their actions and utterances.
 
“Government needs to show inclusiveness. It must show that it is concerned about inclusive governance and open to inputs from all corners and sections of the country.
 
“Our traditional rulers must play their role, in terms of trying to bring their people together and moderate the utterances and actions of the people in various parts of the country.
 
“Political and community leaders have to mind the things they say and do, so that the country can remain cohesive and united,” he said.
FOREMOST lawyer and founder Afe Babalola University (ABUAD) Ado Ekiti, Aare Afe Babalola SAN said: “It is a notorious fact that the fabrics of the Nigerian nation is currently so badly fragmented that putting it back on the right path is as complex as trying to turn fish soup back to fish. 
 
“With unprecedented levels of poverty, insecurity, economic instability, impoverishment, energy poverty, environmental degradation and lamentable standard of living across the width and breath of the country, the founding visions of Nigeria have been badly mutilated, defaced, and chipped away. More than ever, the gaps between the different regions that make up Nigeria are real, wide-ranging, and pronounced. The ideals of Nigerian nationhood have been eroded, while the dreams of nationalism and patriotism are at the lowest ebb in the country.
 
He noted that the country is currently at a monumental crossroads that will require radical transformations in the conceptualisation, functionality, and organisation of the Nigerian nation to guarantee a united, peaceful, and progressive future for the country.

“The next question then is what can be urgently done to avert the entrenched existential crises facing the Nigerian nation? In my view, Nigeria currently faces only two tough options: restructure or reconfigure. In political terms, restructuring refers to a complete overhaul of a nation’s political system to make it operate more effectively. This could be in the form of adopting a new constitution, new economic model, decentralisation of powers, as well as devolution of powers to the constituent units. To restructure is to change an existing status quo to make it more functional.
  
For Prof Falola, who also blamed the Nigerian leaders for the socio-economic and political crises in the country, he said: “More than anything, independence symbolises freedom from hegemony. Yet it also presents a situation where the Independent bears the burden of responsibility on its shoulders. In the case of Nigeria, just like every other African state, independence presented both the cross and the crown. Success in the ensuing eras lies solely on the ability of the beneficiaries and progenies of such bequest of power to carry the cross as graciously as they adorn the crown. It is needless to say that Nigerian leaders chose to adorn the crown while avoiding the agonies of the cross. I must admit that wearing the crown while bearing the cross is only the stuff of messiahs, not politicians.”

[Guardian]

The National Deputy President of the Trade Union Congress, Tommy Etim, on Thursday, berated moves by the Federal Government to hamstring the Organised Labour from embarking on an indefinite nationwide strike from Tuesday, using the courts.

Etim stated that labour leaders would not succumb to any threat by the government, noting that they were ready to go to prison in their fight for better lives for Nigerian workers.

The TUC deputy president said this against the backdrop of the warning by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, that the  proposed strike by the Nigeria Labour Congress and TUC was in contravention of a subsisting court order restraining the unions from declaring an industrial action.

 The NLC and TUC Tuesday announced an indefinite strike with effect from October 3, 2023, to protest the alleged failure of the Federal Government to provide post-subsidy palliatives for workers and implement policies that could alleviate the sufferings of the masses after the removal of the fuel subsidy.

 However, the AGF in a letter addressed to the counsel to the NLC and TUC, Femi Falana, SAN, reminded them that it was as a result of the disobedience to the order that the ministry of justice filed a contempt proceeding against the labour leaders.

He added that the ministry withdrew the suit following the intervention of President Bola Tinubu and the National Assembly.

The letter read,  “You are kindly invited to recall the antecedence of previous steps/actions on this matter, particularly the exchange of correspondence between this office and your firm, before and after the nationwide “action/protest” declared by the NLC on August 2, 2023.

“Whilst your clients had maintained that the nationwide protest by the NLC is in furtherance of its constitutional right to embark on protests, the ministry has repeatedly advised on the need to advise your clients to refrain from resorting to self-help and taking actions capable of undermining subsisting orders of a court of competent jurisdiction.

“It is also to be recalled that based on the conduct of the said nationwide action/protest, this office instituted contempt proceedings against the labour leaders. However, upon the intervention of the President and National Assembly, coupled with the decision of the labour unions to discontinue their action/protest, the contempt proceedings were not prosecuted further. This was advisedly done to enable the government and labour union to engage in further negotiations without any form of encumbrances.

“However, in its communiqué issued at the end of its National Executive Council meeting on 31st August 2023, NLC resolved to embark on a total and indefinite shutdown of the nation within 14 working days or 21 days from August 31, 2023.

‘’Also on September 26, 2023, the Presidents of NLC and TUC, jointly issued a communiqué stating that organised labour had resolved, “to embark on an indefinite and total shutdown of the nation beginning on zero hours Tuesday, the 3rd day of October, 2023.”

AGF writes

 Fagbemi stated that from the contents of the communiqué and available media reports, the proposed strike action is connected with the removal of fuel subsidy and provisions of palliative for workers.

 “These are undoubtedly issues that have been submitted to the National Industrial Court for adjudication. Therefore, the proposed strike action is in clear violation of the pending interim injunctive order granted on  June 5 2023 restraining both the Nigeria Labour Congress and Trade Union Congress from embarking on any industrial action/or strike of any nature, pending the hearing and determination of the pending Motion on Notice”, he added.

Fagbemi said irrespective of their disposition on the matter, the court order must be obeyed unless it is vacated.

He called on Falana to advise the labour leaders to abide by the court judgment to protect its integrity.

He said, “We wish to reiterate that a court order, regardless of the opinion of any party on it, remains binding and enforceable until set aside. It is the expectation of the public that the labour unions would lead in obedience and observance of court orders and not in its breach.

‘’It is therefore the earnest expectation of this Office that your distinguished law firm will advise the labour unions on the need to protect the integrity of courts and observe the sanctity of court orders.

“Consequently, you are kindly requested to impress it upon the organized labour unions to note the fact that their proposed strike action is in gross breach of the subsisting court order, as well as the appropriateness of addressing their grievances/demands within the ambit of the law hence, the need for them to be more accommodating and show greater appreciation of the effect of the order of the court, by shelving the strike action.

‘’The foregoing will afford parties more room for further mutual engagements, for a holistic and sustainable resolution of all outstanding issues on this matter in the overall national interest.”

But the TUC Deputy President waved off the AGF’s warning, saying the contempt threat would not make the organised labour shelve their planned walkout, noting that the labour leaders were ready to be jailed for their convictions.

He stated, ‘’It is a threat but power belongs to the people. Let them carry all of us to the prisons. I can only answer by saying the end justifies the means. If that is what they want, let’s see what would happen on the 3rd of October. The good thing is that Nigeria is our country. If he would pack all the Nigerian people to prison, there is no problem.

‘’If the government wants to put us in prison, let them put us in prison. Going to prison is not a death sentence. After all, even a (former) president passed through the prison. Didn’t (Segun) Obasanjo go to prison? We are used to threats and it is not going to deter us, we are not cowards.

‘’We are working for the country and if the government feels it wants to put us in prison because we are working for the country, so be it. Let the end justify the means.’’

Falana could not be reached for comments on Thursday but senior lawyers in separate interviews with The PUNCH aligned with the AGF and advised the NLC and TUC to respect the order of the court.

Lawyers react

Rotimi Jacobs, SAN, argued that the labour unions would be in contempt of the court and Section 287 of the Constitution, which enjoined every person or group to obey the order of the court.

 He added, “Where the order of the court is being ignored, it is an invitation to anarchy. What they should do is to have that order set aside before they can embark on any industrial action. 

‘’So, to do so (embark on strike) will amount to contempt of court which they may face. I think they should do something about the order, and either appeal against it and then ask for a stay of the order, or get it set aside by the Appellate Court or that same court.”

Speaking in the same vein, Rasheed Adegoke, SAN, underscored the importance of respecting judicial orders.

The appropriate thing to do, he counselled, was to apply for the order to be set aside or appeal.

He held that disobeying a court order could lead to contempt charges which he said is a grievous offence.

Adegoke said, “Once there is an existing court order, it is binding on all persons and authorities concerned. Where they fail, refuse or neglect to obey the court order, the AGF can bring them to court for contempt and that is a grievous offence because it undermines the integrity of the court.

“It equally destabilises the judicial system otherwise where everybody feels that he’s right and courts are wrong, choosing not to obey the court order is a licence to resort to self-help and the implication is that others can behave the same way.

‘’What we will have is a society not regulated by the rule of law; that means there will be breakdown of law and order.  The appropriate thing to do is to apply to set aside that order or go on appeal against it.”

Another senior lawyer, Afam Osigwe, SAN, warned that willful disobedience of court orders could attract serious consequences for the labour leaders.

He contended that if the AGF asked the unions not to go on strike, it meant there was an order of the court that restrained them from carrying out the action.

He added, ‘’If there is an order and the labour union leaders violate that order, it may amount to contempt of court for a person to willfully disobey an order of a court. It will be wrong for any person, whether it is a labour union,  to violate such an order and act contrary to do that which the court has restrained the person from doing.’’

Speaking further, the former General-Secretary of the Nigerian Bar Association averred, ‘’When you disobey a court order, there are contempt committal proceedings that will be followed up within the court where the person would be allowed to defend him or herself and if the court at the end of the proceedings finds the person liable, then the person will get appropriate punishment. “

But a lawyer and activist, Deji Ajare, stated that no order of court could perpetually restrain the labour unions from embarking on industrial action as that would mean removing the right of the members to organise actions to negotiate their demands.

He submitted, “I am minded to believe that the order of the court was to enable the parties explore an opportunity to amicably resolve the issues. And if for the past six weeks since that order was allegedly made, the Federal Government of Nigeria has not been able to provide the necessary leadership that the labour unions and Nigerian citizens need to develop some level of confidence and comfort that the government is sincere and genuinely pursuing a resolution of the issues, I do not think any court will reasonably make that order.”

Against the backdrop of the expected impact of the strike on the economy, the Senator representing Abia North at the National Assembly, Sen. Orji Uzor Kalu, has appealed to the NLC and TUC to reconsider their proposed strike as it would increase hunger and hardships in the country.

He assured that the workers’ salaries would soon be reviewed in a few weeks in response to the demands of the unions, arguing that the President cannot approve funds without appropriation.

He stated, “I am pleading with the NLC to see reason with the people of Nigeria, not even with the government. They are thinking that President Tinubu and his cabinet are the owners of Nigeria, no. Nigeria belongs to all of us, including President Tinubu.

“The budget is coming and workers’ salaries will be reviewed. It is a question of a few weeks or months. We will make sure that the Nigerian budget will be implemented and workers salaries will be looked into.

“President Tinubu is not going to manufacture money without appropriation to do anything and I am sure that within six to eight weeks, the budget will be before the National Assembly. Workers should take it for granted that the President will work out the details of how to set up the emolument of all levels of workers.”

 He further pleaded, “for the sake of Nigerians who are eating as labourers, if there is a strike, they cannot eat. If there is unrest, they cannot feed. I hope the NLC will find reason and reconsider going on strike this week because it is going to hurt the economy so much.

‘’Manufacturers, stock exchange, truck pushers, everybody will be in a mess. During budget deliberation, we will make sure we consider what is good for all.”

He used the opportunity to also plead with the state governors not to use their party structure in distributing the Federal Government palliatives.

“The palliative is not a party matter, it is for Nigerians. Please, do not share it through your party structure as we heard that many governors are sharing it through party structure. It is not the right thing to do,’’ he admonished.

Governors beg NLC

The National Economic Council on Thursday said state governors would negotiate with the organised labour in their respective domains to avert the nationwide strike slated for Tuesday.

It also appealed to the unions to reconsider their stance, warning that such an exercise would devastate Nigeria’s economy, currently grappling with double-digit inflation, forex shortages and low oil production.

Addressing State House correspondents after the 136th NEC meeting, which was held at the Aso Rock Presidential Villa, Abuja, the Plateau State Governor, Caleb Mutfwang, said, “Labour is represented in all the 36 states and the FCT and NEC is appealing that discussions should continue at the state levels because there will be peculiarities as to the issues to be addressed concerning the demands of labour. Therefore, dialogue is the way to go.”

Relating the NEC’s appeal to journalists after the monthly meeting, the governor explained that the council was aware of the strike notice issued by the national leadership of the NLC and TUC.

He said, “The Council noted further the implication of this strike for the economy and the nation and thus urged members to continue to engage with the leadership of their respective states and to appeal to them to shelve the action and continue on the path of dialogue with the federal government. This is the appeal of Council.”

Explaining the grounds for NEC’s appeal further, Mutfwang noted that most first-term governors inherited a striking labour force and have only managed to get them back to work recently.

Therefore, enforcing a new strike would further damage the economy, which, he observed, is in a “critical” phase.

“The nation is at a very critical moment at this time. In some states, when they took over on May 29, the workers were on strike; some of those issues have just been resolved for the workers to return to work. To ask them to go back immediately it’s going to further damage the economy.

“Therefore NEC, while expressing genuine concern about the situation in the country, appeals for calm and patience and I want to believe that the leadership across the nation at this point in time wants to truly address the issues that concern Labour and the general populace and move the country forward,” said Mutfwang.

He appealed for more time for the government to work on addressing the concerns of Labour, affirming that President Tinubu will address Labour’s concerns in his Independence Day address on October 1.

“NEC actually expressed genuine concern on the situation in the country and appreciated the concern by Labour to have those issues addressed.

“That is why NEC is appealing for patience, appealing for time to be able to address the concerns of Labour.

“We also believe that Mr. President will be addressing the nation on October 1 and some of the concerns of Labour will be appropriately addressed in the President’s speech,” the governor revealed.

Meanwhile, in his opening address at the NEC meeting titled, ‘Planning for Stability: Our Agenda for Economic Growth in 2024,’ Vice President Kashim Shettima reminded the governors and other council members that the weight of the tough decisions to rescue Nigeria’s economy depended on their cooperation and goodwill.

He noted that what has set Tinubu apart as a leader ‘’is the courage to embark on fixing the country’s economy through bold reforms.’’

Identifying stability as a significant priority in the 2024 economic agenda, the VP said, “It took courage to embark on fixing an economy hindered by decades of political lip-service. But that has set President Bola Ahmed Tinubu apart: his bold reforms to reposition the economy and save it from further erosion.”

Shettima said the federal, state and local governments must remain committed to re-evaluating their priorities, streamlining processes, and making bold decisions reflecting key social issues, including social protection, social investment and nutrition.

[Punch]

Atiku Abubakar, the presidential candidate of the Peoples Democratic Party (PDP) in the February 25 poll, has asked the United States court for the Northern District of Illinois to overrule President Bola Tinubu’s objections to the release of his academic records.

Atiku had secured an order for Chicago State University (CSU) to make the president’s academic records available to his legal team.

The Nation reports that President Tinubu also filed an appeal against the order of the court directing the CSU to release his academic records to Abubakar.

Tinubu had argued that he ought to have been joined in the suit since it is his personal information that is being sought.

The President had also argued through his lawyers that what Abubakar was doing amounted to a “fishing expedition” because the deadline for the use of fresh documents in Nigerian courts had elapsed.

However, in a fresh application to the US court dated September 27, Abubakar through his attorneys, Angela Liu, Andrew Levander, Alexandre de Gramont, Tooba Hussain, argued that the documents he is seeking can still be used in election litigation back home in Nigeria.

Abubakar is also asking the court to overrule Tinubu’s objections in their entirety. 

“The court should overrule the objections in their entirety,” the application reads.

“If the court overrules the objections, applicant respectfully requests that it enter an order requiring production of documents no later than October 2, 2023, and the deposition scheduled no later than October 3, to allow time for transcripts to be finalised.”

Abubakar said: “The discovery obtained” should “be sent to Nigeria (which is six (6) hours ahead) by October 4 so that such evidence may, in turn, be filed with the Supreme Court by October 5, which is when applicant’s Nigerian counsel intend to submit any new evidence to the Supreme Court”.

Abubakar also argued that “the Supreme Court of Nigeria can consider new evidence in ‘exceptional circumstances’ under the Nigerian Electoral Act of 2022 and/or in its discretion.”

The United States (US) has called on the Independent National Electoral Commission (INEC) to conduct a free, fair and transparent governorship election in Bayelsa state on November 11, 2023.

The US Consulate-General in Nigeria made this call during the recent visit of Chief Mike Ervin from its Political Economic Section to Yenagoa, the capital of Bayelsa as they monitor activities in the state ahead of the governorship poll.

Ervin further emphasised the need for a transparent gubernatorial election in Bayelsa and said that he expects the process to be peaceful and credible.

Ervin said the delegation was in the state to monitor the activities because the United States was a partner of the Nigerian government.

“As you well know, the United States is a fundamental partner of the Nigerian government in the conduct of elections,” he said.

“We are friends, and we learn from one another when it comes to democracy and how it can thrive. We are also here to see how Bayelsa is experiencing democracy at work.

“We want to know how things are going in your state and to also give you our good wishes for a peaceful election. We expect that the democratic process will reflect the will of the people on November 11.

“We will continue to be partners of INEC, and we look forward to a very healthy democratic day in a number of weeks.”

Responding, the governor of Bayelsa state Douye Diri said his administration was open to partnering with the international community to advance democracy through a free, fair and transparent electoral process.

“I believe that your coming will motivate us and add to the growth and development of democracy in Nigeria and in our state,” Diri said.

“My government is of the Peoples Democratic Party, and our key opponents are from the APC and the Labour Party. Of course, there are other parties.

“Like you rightly said, the will of the people should prevail, and they should be able to elect who they want.”

[guardian]