What I would call a routine conversation with a former Nigerian leader inspired this write-up. After expressing his concern about certain developments in the polity, the retired general said he was worried about how Nigerians keep promoting ethnic and religious sentiments at a time the country needed all the unity it can afford to make progress. “What really are we benefitting from playing up these sentiments on virtually every national issue that has nothing to do with ethnicity or religion?” he asked me — and I could feel and touch his despondency. Regrettably, it was not as if I had an answer to his question. All I always try to do is put a question mark on the most popular answers.

“Your Excellency,” I ventured a response, “it is a natural thing to expect in a federation of this nature where there is a fierce economic and political competition. The mutual suspicion will always be there. People often feel the need to cling to their primordial affinities on national issues because they think they will gain or lose… I am just amazed at how some people who have served in very senior national positions retreat to their ethnic cocoons when they retire. I wonder what they must have done quietly while in public office to promote their sectional agenda. People always feel the need to defend their lines… and the intense competition is turning people to ethnic champions—”

“But if we are all speaking for our ethnic groups,” he cut in, “who will speak for Nigeria?”

This conversation took place about six months ago, but it keeps coming to my mind, more so in the light of the ongoing rumpus over the tax reform bills. Most comments have been sectional and sentimental. Only very few comments are from informed positions. I have seen people from states that will benefit campaign against the reform, thinking they will lose. I have also seen people from states that will lose support the reform, thinking they will gain. Many are just following the crowd, parroting what someone from their part of the country says. The airwave is full of many protagonists and antagonists who have not studied the bills. This is the bit about us that bothers me all the time.

As I argued in an article, ‘PIA and the Triumph of Mischief’ (August 22, 2021), most of those who make initial comments on a national issue and stir long-lasting controversies often have two things in common: ignorance and mischief. These are very powerful tools for the perpetuation of underdevelopment in any country. The initial comments on the Petroleum Industry Act (PIA) were based on the wrong interpretations of “profit oil”, “profit gas” and “frontier exploration” which were portrayed as an attempt by one section to cheat the other. I started hearing statements like “this is the most anti-Niger Delta legislation in our history” despite the improved benefits for the region.

As a result, nobody was thinking about Nigeria, nobody was speaking for Nigeria. And we missed a fine detail: that the national oil company and industry regulators quietly used the PIA to corner considerable oil revenues and remit less to the federation account. A lot of the oil revenues that should go directly to the federation account and be shared by the three tiers of government are now being retained by these entities. Some agencies have become richer than many states. One even budgeted N50 billion for “welfare” for 2024. The PIA created what I would call parallel governments, depriving federating units vital revenues. But we were blindly arguing over “frontier exploration”.

A similar pattern has emerged over the tax bills. Many comments are being built along regional lines. Dr Rabiu Musa Kwankwaso, former minister of defence and former presidential candidate who wanted to lead the whole of Nigeria, said the bills are meant to colonise the north. He said taxes will be collected from Kano and sent to Lagos. But as simulated models on VAT derivation are showing, Lagos will be one of the losers while Kano will be one of the gainers. (By the way, this worries me. I live in Lagos. If the state loses huge revenue from the removal of the “headquarters factor” in VAT derivation, I am afraid the Alausa taxman will go into a revenue overdrive to make up for the loss.)

People can have sectional opinions over national issues. It is legal. However, it would be more helpful to stick to the facts. Opinion leaders should realise that their words carry weight and their followers may not have the capacity to fact-check them. The academia is not spared. I read the widely circulated position paper of a professor of accounting at the Ahmadu Bello University (ABU), one of Nigeria’s most respected academic institutions. He kept saying the new VAT derivation formula is not in the bill, even when it is stated in section 22(12) of the tax administration bill that it shall be by the location (not origin) of supplies. His position probably shaped the opinion of many northern leaders.

I got one insightful response to my article of last week. I found someone speaking for Nigeria, devoid of our dyed-in-the-wool sentiments. Please indulge me to quote him extensively: “I loved your lines about data above religious and ethnic sentiment. There is one area I wanted to point out which has not been much tackled and which this issue throws up: that’s the issue of VAT on agricultural products. If agriculture makes 25% of Nigeria’s GDP and the North makes up 94% of agro produce (according to circulating data), then the North is producing over 23% of Nigeria’s GDP. This is staggering. The issue here is VAT is not taxed on agricultural products, unlike many other countries.”

He expanded his argument thus: “The North is being deprived of 7.5% of 23% of GDP. Estimates say this could be well above between N4 trillion,  based on current GDP (N240 trillion) and current food consumption levels. This is more than the total collected VAT today by all 36 states. Imagine what an extra N4 trillion could do in Northen States? I know firsthand because I am from Akwa Ibom. I saw what 13% derivation did, propelling our state from one of the poorest in the country to one of the richest almost overnight. Despite very high levels of corruption, our state leaders simply had more cash and could do more. They could build roads, bridges, airports, hotels, power plants, etc. 

“At a point they even took over Federal Government responsibilities valued at hundreds of billions. Hence, just like the oil region collects a derivation based on taxes from its own resources, in all fairness the North should be able to collect taxes on its ‘natural’ resources. Thus, for the sake of justice if the North cannot earn VAT from agriculture as it stands possibly due to the impact on food costs on the rest of the country, justice would demand the rest of the nation appreciates and acknowledges this and duly compensates the North from other income sources. If this cannot happen then the tax bills should introduce VAT on agricultural produce. 

“The argument that it will increase food prices is debatable because if the FG plans to increase VAT to 10% and 15% it will equally have inflationary effects. Adding VAT to agriculture would equally serve to raise more tax money without increasing VAT percentage… This current issue is another form of ‘resource’ fight. The hawks are out against the North, with all manner of anti-North statements, claims and articles. These hawks forget that this is the region feeding the nation. A region that produces 94% of food supply is critical to existence. A mismanagement of this issue could lead to unintended consequences such as famine! And the solution could take decades to resolve.”

I doubt up to 94 percent of Nigeria’s food supply comes from the north but it is evidently huge. Yet, northern leaders hardly argue from the position of strength. It is usually from the emotional standpoint of “this is anti-north” as if what serves the interest of Kebbi state automatically meets the needs of Sokoto state next door. The use of the ubiquitous word “north” creates an antagonist relationship with the rest of Nigeria. The compelling argument canvassed about the north being Nigeria’s food basket and the need for revenue compensation is what northern leaders should be articulating — but they prefer to go defensive. This often leads to an aggressive conversation.

All my life, what I have been hearing from self-conceited southerners is that northerners do not add value to Nigeria, that they are parasites on “our oil”. I have argued for decades that there is no part of Nigeria that is not bringing anything to the table. It is prejudice that distorts reality. Millions of northern farmers toil to produce a chunk of the food, beef, fruits and vegetables that 200 million Nigerians eat. They trek daily for kilometres to their farms, deploying crude implements under harsh conditions. Meanwhile, “our oil” is produced mostly by foreigners — under heavy security and with sophisticated equipment — and not by trekking villagers. But the northern farmer is the “parasite”.

I have nothing against states expressing concerns because they are likely to lose if the proposed VAT sharing formula is passed, but I have everything against those turning this into a sectional issue. For sure, increasing derivation from 20 percent to 60 percent at a go is suspicious. It will never fly. But there is no evidence that the gains and losses will be limited to one region. Still, my position remains that we should first do a dry run. Let companies report consumption by location. That way, we will also get to know if they have the capacity or capability to disaggregate consumption data. That way, we can have actual data rather than simulations. That way, we can have an evidence-led debate.

I must necessarily suggest at this point that every part of Nigeria needs a new generation of leaders and thinkers that will focus on the bigger picture rather than their cocoons. Whatever happens in one part of the country affects the other. We should stop addressing every national issue with sentiments. Those who said 15 years ago that insecurity in the north “is their problem” can see the impact on the entire country today. We are all paying the price. More so, those who want to tamper with any revenue sharing formula should understand that it is one political issue that can set the nation on fire. If it is so easy to change, we would have done it long ago. Know this, know peace.

AND FOUR OTHER THINGS…

STATE VS FAROTIMI

The arrest of Mr Dele Farotimi, lawyer and social critic, by the police over allegations of criminal defamation of Chief Afe Babalola is generating a lot of heat. Farotimi made serious allegations against Babalola in his book, ‘Nigeria and its Criminal Justice System’. It is now left for him to prove them in a court of law. But, without prejudice to the outcome of his trial, we need a massive campaign for the decriminalisation of defamation in all the states. I do not think it is the duty of the state to fight for anybody’s reputation. I, hence, propose that defamation should remain a civil case to be pursued by individuals — not to be prosecuted by the police. It is open to abuse. Draconian.

GWARINPA II

When Gen Sani Abacha, the former military ruler, built the Gwarinpa Housing Estate in Abuja three decades ago, it was celebrated as the largest single housing estate in West Africa. Gwarinpa now has a competitor.  A former government official — whose identity is yet to be officially confirmed by the Economic and Financial Crimes Commission (EFCC) — was in the process of building something to rival Gwarinpa. The estate has now been forfeited to the federal government by court order. The estate reputedly measures 150,500 square metres and contains 753 units of duplexes and other apartments. What next? I hope it will not be demolished or allowed to waste away. Monumental.

A MOTHER’S AGONY

Life must have been too hard for Mrs Rosemary Oromoni, who recently passed away. Her son, Sylvester, a student of Dowen College, Lagos, died under cloudy circumstances in 2021. She reportedly developed medical issues which might not be unrelated to the death of her pre-teen son. The family believed he was bullied and fed with a chemical substance by his colleagues. An initial autopsy appeared to confirm the chemical part, but it was discredited and his death was deemed as natural. The coroner’s decision did not go down well with the bereaved family. They believed the truth was buried. Regardless, Mrs Oromoni has now gone to her grave with a broken heart. Tragic.

NO COMMENT

It has happened again. Four members of the house of representatives elected on the platform of the  Labour Party (LP) — and presumably because they rode on the popularity of Peter Obi, the party’s former presidential candidate — defected to the All Progressives Congress (APC) on Thursday. They are: Hon Chinedu Okere (Owerri municipal/Owerri north/Owerri west, Imo), Hon Mathew Donatus (Kaura, Kaduna), Hon Akiba Bassey (Calabar municipal/Odukpani, Cross River), and Hon Esosa Iyawe (Oredo federal constituency, Edo). They said they defected because of the crisis in the LP. Oh yes, there is plenty crisis there. But why didn’t they go to AAC or YPP? Why the ruling party? Wonderful.

Programme: CITY TALKS WITH REUBEN ABATI

Time: 12:00pm

Guest: Paul Alaje
Economist

Topic: Concerns About The Tax Reform Bills

Date: 7th December, 2024

Join Zoom Meeting
https://zoom.us/j/92877141732?pwd=VEJWb29OL2VVekZUTHRpdWYxK0xxZz09

Meeting ID: 928 7714 1732
Passcode: 600206

When 95-year-old legal luminary Afe Babalola weaponized the Nigerian police to arrest and detain activist Dele Farotimi over alleged defamation in his book, Nigeria and its Criminal Justice System, he inadvertently succumbed to the notorious “Streisand effect.”

This is the same phenomenon I previously wrote about in relation to former First Lady Aisha Buhari, whose dramatic abduction and torture of a university student over a tweet about her weight transformed a fleeting commentary into a nationwide cause célèbre in December 2022.

Farotimi’s arrest has catapulted his book from obscurity to Amazon’s Best Sellers list, a trajectory likely unintended by Babalola. The very passages Babalola sought to suppress are now illuminated under the unforgiving glare of global attention, which ensures that they will be dissected by countless eyes rather than languishing in relative anonymity.

In his obsessional bid to silence Farotimi, Babalola exemplifies the adage of being “penny-wise and pound-foolish.” What was once a limited audience—perhaps a handful of legal aficionados in Nigeria’s southwest—has now exploded into a worldwide readership, all thanks to the spectacle of Farotimi’s arrest and detention. 

Thus, Babalola’s actions serve as a textbook illustration of the Streisand effect: the paradox whereby attempts to obscure information end up amplifying it.

The term itself originates from American entertainer Barbra Streisand’s ill-fated attempt to suppress an aerial photograph of her California mansion. Before she sued the California Coastal Records Project to remove the image, only six people had viewed it—two of whom were her lawyers. 

In other words, only four people had seen it unprompted.  Post-lawsuit, nearly half a million people downloaded or viewed the photograph, all thanks to her efforts to bury it.

That’s precisely what’s happening to Afe Babalola. In his attempt to stop Farotimi’s book from being read by people, he gratuitously invited global publicity to the book. Apart from climbing to Amazon’s global Best Sellers’ list, search for the book caused the website of Roving Heights Bookstore to crash because of unusually high traffic.

According to Arise News, Farotimi’s book is now “ranked number one in elections and 555 among all books on the platform,” and that it “has also topped categories in general elections, political process, and political commentary, with a 4.9-star customer rating.”

 The book was initially self-published in July this year. I can bet my bottom dollar that no more than 50 people initially bought the book, and even fewer people read it. However, in the aftermath of Babalola’s overreaction, more people have bought and read the book, particularly the parts of the book he wants hidden. 

He has unwittingly given permission to millions of people to insult him and repeat the “libel.” The urge to repeat and publicize negative information that someone wants suppressed through threats is called reactance in psychology. 

Babalola has provoked mass reactance in Nigeria, similar to what Aisha Buhari did in 2022.

Babalola should never have ordered the arrest and detention of Farotimi. He’s the top dog and Farotimi is the underdog. All over the world, across countries, cultures, and generations, whenever there is a battle between the top dog and the underdog, the underdog almost always wins in the court of public opinion, even if the underdog is in the wrong.

The passages Babalola objected to in Farotimi’s book do strike me as potentially libelous if Farotimi can’t provide evidence to back them up. Libel is false publication that hurts someone’s reputation and causes them to be shunned by right-thinking members of the society. 

Farotimi’s allegations aren’t opinions. They are specific charges that claim to be statements of facts, which can irreparably injure the reputation of Babalola. As Kenneth Ikonne, a brilliant, dispassionate lawyer who, by the way, is a fan of Farotimi, wrote in a Facebook post titled "THE WAY FORWARD FOR DELE FAROTIMI!,” “anyone with a basic understanding of the principles of the law of libel, will concede that Mr. Farotimi is in hot soup.”

Babalola erred in using his influence to cause Farotimi to be arrested and detained. He could have just sued him quietly and let the courts decide on the merits or otherwise of his suit. 

If Farotimi had merely expressed strong, hurtful opinions that skirt specifics, he would have been in the clear. Consider, for example, activist Deji Adeyanju who recently disparaged two People’s Democratic Party (PDP) officials with derisive monikers.

He is being threatened with a lawsuit by Umar Damagun, the Acting National Chairman of the Peoples Democratic Party (PDP), and Sen. Samuel Anyanwu, the Acting National Secretary of PDP, for using derogatory terms to describe them.

He called Damagun a “tea man who goes to serve tea in Femi Gbajabiamila’s house” and Anyanwu a “kilishi man” who serves “kilishi” at Femi Gbajabiamila’s house. He also said, “This current PDP is in the pocket of Nyesom Wike at the national level.”

These are opinions. Opinions are protected by law. In fact, vigorous, vituperative, unflattering opinion uttered in moments of inflamed passions can’t be defamatory in Nigerian law. 

There are many precedents for this. For instance, in Bakare v Ishola, the defendant, in a moment of heightened emotions, said to the plaintiff in Yoruba, “Ole ni o! Elewon! Iwo ti o sese to ewon de yi.” English translation: “You’re a thief! Ex-convict! You have just come out of prison.”

Justice C.J. Jibowu ruled that these were vulgar insults that weren’t actionable. “It is a matter of common knowledge of which this court takes judicial notice that people commonly abuse each other as a prelude to a fight and call each other ‘ole! Elewon!... which…no one takes seriously as they are words of heat and anger,” he said.

In another case, Ibeanu v Uba, the defendant was accused of defaming the plaintiff by saying in Igbo, “Josiah, Josiah, Ongi kpo ndi ori bia zulu ewum, bia malu uma najum.” Translation: “Josiah, Josiah, you brought the thieves with whom you stole my goat, and you have now come to ask me.” The judge in the case also ruled that this didn’t constitute defamation.

So, it has been established in Nigerian law that mere “vulgar abuse” isn’t defamatory. In American media law, vulgar abuse, such as calling someone a “criminal idiot” in the heat of anger, is called rhetorical hyperbole, and is not defamatory.

 Saying some people are in the pocket of another or that they are servile to another isn’t even vulgar abuse or rhetorical hyperbole; it’s simply innocuous, if uncomplimentary, opinion. Only a litigious terrorist would sue anyone over that.

In the end, Babalola’s overreach has not only backfired but also ensured Farotimi’s book and its contentious claims will live on in public memory. What could have been a quiet legal victory now stands as a cautionary tale of hubris, miscalculation, and the unintended consequences of silencing dissent in the digital age.

The latest damning report of the Economist Intelligence Unit (EIU) which says that Nigeria’s business environment will remain among the most difficult in the world over the next five years, is both insightful and ominous. The report truly signposts the dreary outlook of the Nigerian economy in 2025 and the next few years.

The EIU is the research and analysis division of the highly influential The Economist Group—the sister company of The Economist of London. In its ‘Country Analysis’ on Nigeria released on Tuesday, December 3, 2024, the EIU cited several factors contributing to the bleak assessment, including high inflation, a collapse in the US dollar market size, an overstretched fiscal position and sluggish output.

“International oil prices are expected to be high enough to lubricate the system and prevent a recession, but Nigeria will not return to the high rates of economic growth that it achieved in the first decade of the 21^st century,” the report said.

Furthermore, the EIU said, “the size of the bureaucracy will, if anything, increase. Structurally, institutions are sclerotic and dysfunctional on multiple levels, with corruption, politicization of judiciary, rampant instability and wide infrastructure gaps—all drawbacks to the business environment.”

The motley challenges of the Nigeria polity as pointed out by the EIU are rooted in the outcomes of the reform initiatives of the President Bola Ahmed Tinubu-led administration in the past 18 months. Inflation rate that has maintained a runaway trend, rose from 22.40% in May 2023 to 33.88% in October 2024—a jump of almost 12%.

This trend was, without a doubt, triggered mainly by the fuel subsidy removal policy at end-May 2023 by the President Tinubu administration. From below N200 per liter, the price of Premium Motor Spirit (PMS) spiked to around N700 per liter; it is now at over N1000 per liter across the country.

This sudden spike in the prices of PMS had quickly resulted into outlandishly rising cost of transportation, as well as soaring prices of all goods and services. This has in turn translated into a hyper-inflationary trend that has thoroughly weakened the purchasing power of the citizenry.

In trying to assuage the pains, poverty and suffering unleashed on Nigerians by the outcomes of the policy initiatives, the President Tinubu administration disingenuously came up with the concept and practice of palliatives. However, for a year-and-six-months now, rather than alleviating the plight of the populace, the palliatives packages have proven to be mere crumbs. It has rather caused more hunger and anger in the land.

With the basic needs such as food, accommodation, transportation, healthcare getting out of the reach of most Nigerians, the economic condition has literally become an existential threat. The deteriorating condition seems being sustained by the persisting shortage of PMS, leading to its ever rising prices.

Surprisingly, rather than addressing the problem of total dependence on imported refined petroleum products since the fuel subsidy removal, Government has been licensing more importers of the products. This reality hugely accounts for the gulping of a large chunk of the scarce foreign exchange (FX) by the PMS import spree.

This demand by PMS importers has been a major pressure on the FX market—leading to the endless fall of the Naira against the dollar. The full floatation of the local currency in June 2023 has provided the backdrop for its continuing depreciation, as ‘market forces’ were allowed to determine the exchange rate in the FX market.

By end-May 2023, the Naira exchanged at about N500/$; at a point, the rate almost hit N2000/$. Today, the naira exchanges at N1720 to dollar at the parallel market, and about N1663 to dollar at the official window. In the face of this level of exchange rate, the assumption of N1400/$ in the Mid-Term Expenditure Framework (MTEF) for the 2025 Appropriation Bill is obviously off the mark. It is unrealistic!

It is also more of a forlorn hope to couch the 2025 Federal budget on the assumption that Nigeria’s volume of crude oil production would stand at two million barrels per day (mbpd). Historical evidence shows that for a number of years, Nigeria has been producing far below its OPEC quota (about 1.8 mbpd); most times, at only about a million barrels per day. Although this has inched up to 1.35—1.50 million barrels per day, the industry is yet dogged by a myriad of challenges, including the oil theft phenomenon.

Indeed, according to OPEC’s monthly oil market report for November, Nigeria’s daily crude oil production increased from 1.39 million barrels per day (mbpd) to 1.43 mbpd in October 2024. With this level of oil production and poor outlook of the industry, it becomes a mere wishful thinking for the 2025 budget to be anchored on 2.06 mbpd oil production.

Note that this unfounded oil production optimism is in the face of the borrowing spree of the Federal Government—via Eurobonds and local monetary instruments. In point of fact, the MTEF approved by the Legislature has a proposed 2025 budget size of N47.9 trillion and new borrowing of N9.22 trillion, comprising both domestic and foreign loans. And debt servicing is to gulp N15.38 trillion!

The fearsome augury of these proposals is further exacerbated by the persisting runaway inflationary trend, the fight against which has seen the Central Bank of Nigeria (CBN) raise the indicative interest rate (Monetary Policy Rate, MPR) from 18% in May 2023 to 27.50% in November 2024. For the umpteenth time, the apex bank has posited its efforts at checkmating the high inflationary trend as reason for endless hike in MPR and other parameters.

Unfortunately, the policy mix of the Federal Government is such that encourages ‘cost push’ factors that drive the spiraling inflation. High ‘imported inflation’ arising from FX utilization for inputs and equipment—consistently feed into pricing for the ultimate consumer. This, added to the high cost of funds (high interest rate), high electricity tariff, and distribution, among others, push product prices through the roof.

Put together, all these make Nigeria’s 2025 economic outlook foggy and uncertain. This undesirable prospect aptly tallies with the EIU’s ranking of the country among the most challenging business environments for the next couple of years.

The unusual situation where, in early December, the Appropriation Bill for the succeeding year is yet to be formally presented to the National Assembly, as is the case today, is befuddling. Against the spirit and intendments of the Fiscal Responsibility Act (FRA) 2007, the 2025 Appropriation Bill is yet in the works—merely three weeks to end-2024. This further shrouds year 2025 in uncertainty!

Surprisingly, what rather features copiously in public debate today is the highly controversial tax reform bill. In a rare development, the National Economic Council (NEC) headed by the Vice President, has called for the withdrawal of the Bill from the National Assembly to make for “more consultations” among stakeholders.

Similarly, the Nigerian Governors’ Forum (NGF) has called for the retrieval of the Bill from the Legislature, for further deliberations. In the same vein, groups of states in various regions of the country have also strongly advocated for more consultations around the Bill by key stakeholders. On its part, the Presidency has not only insisted on expedited Legislative action on the Bill, but urges all to forward their “observations and reservations” for a holistic legislative deliberation.

All these, to say the least, have been heating up the polity; and perhaps, accounts for why the 2025 Federal Budget is literally in limbo. Again, this heightens uncertainty about the economy in 2025. How soon the tax bill imbroglio will be resolved remains indeterminate.

• The author, Okeke, a practicing Economist, Business Strategist, Sustainability expert and ex-Chief Economist of Zenith Bank Plc, lives in Lekki, Lagos. He can be reached via: This email address is being protected from spambots. You need JavaScript enabled to view it.(08033075697) SMS only      

The trending view in social and mainstream media is that Are Afe Babalola SAN should have traveled the civil route to press redress against the perceived libel contained in the Book NIGERIAN CRIMINAL JUSTICE SYSTEM authored by enigmatic Dele Farotimi Esq . The case of COP v Dele FAROTIMI

The latest of those commentaries was attributed to Mr Laolu Akande ( former communication aide to Ex Vice President Yemi Osinbajo SAN ) as an except from an interview that was published in the Nigerianlawyer.com .

That piece, and other impassioned commentaries of akin sentiments , whatever the noble motive and intent , has aggravated, by its pregnant innuendo , the root cause of the travail that my brother Faro, intently and admittedly , courted by igniting the process.

Every infraction the commenters assuredly attribute to or insinuate to Are Afe Babalola SAN can simply be seen for what it loudly speaks, albeit in subdued tone. Who reviewed the petition and exercised the prerogative to prefer a charge- convinced that a prima-facie case was disclosed? - the State. Who filed the charges ? the State. Who ordered Faro’s arrest by warrant? - the State. Who ordered faro’s remand in correctional center pending determination of his admittance to bail on 10th October ? - the state .
On whom did the piece squarely place accountability for those decisions- Afe Babalola SAN. I beg to say no more .

How about the presumably wanton disparage of the entire justice system and the operatives of the institution in the vexed publication ? Can Supreme Court civilly or criminally sue/prosecute Faro for libel on its own initiative ? . If no- as I imagine we all can see- is it hard to appreciate that the only legal recourse to redress the institutional reputational damage , is to invoke the criminal sanction of prosecuting the suspect for criminal libel ? We seem not to be looking at that dimension of the case - we are fixated on the personal element of Afe Babalola SAN’s grievance due to social media influence and agenda setting . The conundrum in that regard however is whether it is not the AG federation ( instead of AG Ekiti ) that shouid authorize and institute the charges - even if in Ekiti State , Magistrate’s court or high court. That might ultimately be the jurisdictional albatross that the trial may choke on. And without doubt it will serve to advance the serendipitous benefit of Dele Farotimi Esq (emeritus ). ?

For this proposition , I cannot claim any creativity, originality or genius - I am simply re-echoing the law from the Bosom of the same law lords of the Supreme Court lampooned by our emeritus learned friend : On Need for a charge to be competent in a criminal prosecution - it is of fundamental importance that the charge of which a defendant is arraigned and stands accused must be competent to confer jurisdiction upon the trial court. Bala v. NigerianArmy (2024) 15 NWLR (Pt. 1962) 447 SC (P. 489, para. C).

One significant explanation for the whole unfortunate incident is a literal consumption of the aphorism : physician heal thyself. That admonition should have been kept at bay by both parties by avoiding self lawyering. They assumed the risk of acting as their own counsel. Their respective personal investments in their perceived grievances cannot be vouchsafed not to blur their professional objectivity - the one that I trust they would have deployed if they were not rendering themselves pro bono services . As Abraham Lincoln was famously quoted to have cautioned ; a lawyer who represents himself had a fool for a client . They should now yield the floor to detached colleagues to navigate them to a mutually beneficial closure . It is no less undesirable to be counsel in one’s own cause any more than it is to be a judge in that cause . I have heard Chief Afe Babalola say words to this effect as a mentor to me and others fortunate to be his mentee on occasions. It’s time we paid Baba the debt we owe him by applying his prescribed medicine to soothe the pain of this better forgotten attempt to blot his enviable legacy.

The Nigerian Police have filed fresh cybercrime charges against detained human rights lawyer, Dele Farotimi.

The additional 12 count charge was filed on Friday, December 6, 2024, before a Federal High Court sitting in Ado-Ekiti.

The development follows 16 charges earlier filed against the lawyer by the Police on Wednesday.

DAILY POST reports that the human rights lawyer was arrested in Lagos on Tuesday, December 3, 2024, by operatives of the Ekiti State Police Command.

He was arraigned in a magistrate court in Ado-Ekiti the next day on a 16 count charge of defamation of character against a Senior Advocate of Nigeria, SAN, Afe Babalola, who was named in his book, ‘Nigeria and its Criminal Justice System’.

In his ruling, the magistrate, Abayomi Adeosun remanded Farotimi in prison custody till December 10.

However, in the new charges, Farotimi is accused of making defamatory statements on Seun Okinbaloye’s podcast, based on content in his book, ‘Nigeria and Its Criminal Justice System’.

He was accused of intimidating and maligning Afe Babalola on the podcast.

The lawyer was also charged for publicizing details of legal actions taken against him during a press conference on December 2, 2024, before his arrest on December 3, 2024.

Veteran Nollywood actor Bimbo Manuel is neither a small fry or a new name on the Nigerian film and theatre scene.

He has made a name for himself over the past three decades as a sterling actor as well as a writer, who had written many stage plays for the theatre.

In a recent chat, Manuel expressed that he found something rewarding about his role as Moyosore Lawson in Showmax’s new TV show, ‘Princess on a Hill.’

With his commanding presence that depicts the complex character, whose persona and hidden motives drive much of the story’s suspense, Manuel said portraying the character was incredibly challenging.

“Portraying Moyosore Lawson was incredibly challenging, but it was also an immense joy. Beyond the typical challenges an actor faces with a complex character, there was something deeply rewarding about stepping into his shoes,” he began.

Continuing, Manuel said, “Playing Moyosore Lawson allowed me to showcase myself in a totally different light, something the audience might not be used to seeing from me.”

[TheNation]

A United States court has sentenced a 39-year-old Nigerian national, Okechukwu Osuji, to eight years’ imprisonment for defrauding organisations and individuals to the tune of $6m.

Osuji was sentenced in New Haven, Connecticut on Wednesday for operating a business email compromise scheme out of multiple countries, including the United States.

Similarly, his Nigerian accomplice, Tolulope Bodunde pleaded guilty and was sentenced to two years in prison on October 16, 2024.

The Department of Justice disclosed this on Thursday adding that Osuji was apprehended in Malaysia and extradited to the US in 2022.

According to documents and statements made in court, Osuji and his co-conspirators targeted specific individuals and businesses by impersonating reliable organisations in electronic communications to obtain money.

The documents revealed that Osuji had used his victims as “money mules” to receive fraud proceeds in their bank accounts.

He would then either transfer those funds from the money mule accounts to accounts under the co-conspirators’ control or convert the stolen proceeds to cash for further transfer.

“Over the years-long operation of the scheme, numerous victims were tricked into transferring funds into bank accounts the victims believed were under the control of legitimate recipients as part of normal business operations,” DOJ stated.

The US justice agency asserted that the bank accounts were controlled by Osuji and his accomplices.

It said, “The victims included a Connecticut-based financial company, a Colorado-based lending company, an Alaska-based nonprofit performing arts organisation, a New York-based food and beverage company, and many others.”

The 39-year-old was also involved in exploiting the aged through romance scams to serve as some of the unwitting money mules, including one woman who testified at trial that she was duped into sending her savings and income, social security cheques to an individual she believed to be her romantic partner, but who later happened to be Osuji’s co-conspirators.

On May 1, 2024, a jury in New Haven found Osuji guilty of conspiracy to commit wire fraud, wire fraud, and aggravated identity theft.

Osuji was ordered to pay restitution to his victims.

His alleged co-conspirator, John Wamuigah, remains in Malaysia and is pending extradition proceedings.

[Punch]

As crisis along regional lines looms over President Bola Tinubu’s four tax reform bills before the National Assembly, some northern leaders have changed strategy to ensure that the North was not hurt by the reform.

With some northern lawmakers locked in a series of meetings on the issue, the League of Northern Democrats, LND, yesterday, inaugurated a technical committee to review contents of the bills clause-by-clause, find out provisions that are injurious to the North and suggest alternatives. The committee has one week to handle the task.

Currently, southern senators, as a bloc, are in support of the tax bills while northern senators, most of who are against the move, are consulting.

Also, while the Senate is proceeding with legislative actions on the bills, the House of Representatives has suspended actions on the matter as Northern Reps raise eye brow.

Looming fresh crisis, dichotomy

On Thursday, Senate President Godswill Akpabio said that the Senate had not suspended legislative action on the four controversial bills, which was contrary to the decision taken in his absence, on Wednesday, when Deputy Senate President Jibrin Barau presided over the plenary.

On Wednesday, Barau said the lawmakers suspended public hearing and legislative work on the bills to allow for wider consultation. He raised a 10-man committee led by Senator Abba Moro to engage with the Attorney General of the Federation AGF, and Justice Minister, Lateef Fagbemi, to address contentious issues in the bills.

However, the Akpabio-led Senate reaffirmed its commitment to advancing the tax reform bills, on Thursday, stressing that no aspect of the legislative process had been suspended or withdrawn.

A few hours later, senators from the six states of the South-South geo-political zone (where Akpabio hails from) under the aegis of South- South Senators’ Forum threw their weight behind the tax reform bills. They passed a vote confidence in Akpabio; and urged South-South governors to synergise with legislators in order to fine tune the bills and be on the same page.

Also, Southern senators on the banner of Nigerian Southern Senators Forum, NSSF, backed the tax reform, which they said “will foster a fair, equitable and more inclusive tax system and therefore deserve the support of all Nigerians.”

In a joint statement by Senator Adetokunbo Abiru, chairman; Senator Victor Umeh, vice chairman; Senator Barinada Mpigi, secretary; Senator Olubiyi Fadeyi, assistant secretary; Senator Asuquo Ekpenyong, publicity secretary; and Senator Kenneth Eze, treasurer, they said: “What is required now is for the Federal Government of Nigeria, through the Tax Committee, to demonstrate, using data, that no sub-national in Nigeria will be at risk of a lower VAT revenues post reforms. This will go a long way in allaying the fears currently being expressed by some states of the federation.”

Northerners commission independent panel

Indeed, worried that the bills could harm the North, if passed as they were,
the League of Northern Democrats raised a technical panel to look at the proposals with a tooth comb.
This was contained in a statement signed by LND’s Spokesman, Dr. Ladan Salihu.

Although names of members of the committee who are said to be mostly lawyers, accountants and experts in related fields were not made public, the panel was given one week to turn in its report.

Salihu said: “Given the current raging concerns and controversies on the Tax Reform Bills currently before our National Assembly, the League of Northern Democrats wishes to inform the Northern public that it has inaugurated a distinguished Technical Committee tasked with reviewing the four tax reform bills clause-by-clause so as to reach an informed position on each clause therein.

“This initiative underscores our commitment to ensuring that laws reflect the principles of justice, equity and prosperity for all Nigerians, with the sole intent to safeguarding the developmental interests of our peoples.

“The committee, composed of dedicated Northern experts in law, public accounting, legislation and academia, has taken to itself one week to conclude a comprehensive review of the bills.

“Their mandate includes identifying provisions that may be injurious or inequitable, proposing necessary amendments, and ensuring that each clause of the bills upholds the constitutional, religious and cultural norms of our people, while promoting national unity and fairness.

“At the conclusion of its assignment, the committee will publicly present its findings in an electronic and tabular format, effectively communicating its recommendations to policymakers, legislators, the media and the Nigerian public.

“The LND assures the public of our confidence in the committee’s ability to produce thorough and well-reasoned recommendations.

“These will aim to maximize benefits for all Nigerians, ensuring that the tax reforms support sustainable development and equitable economic growth across the nation.

“We urge Nigerians to stay tuned for LND’s public presentation, which will provide clear insights into the bills and our proposed policy position.

“The League of Northern Democrats remains steadfast in our mission to advocate for policies that foster justice, prosperity and unity in Northern Nigeria and the country at large.”

Why Reps Suspended Debate Indefinitely

The House of Representatives during the week was expected to commence debate on the tax reform bill but the debate was suspended indefinitely.

The planned debate was called off in a memo signed by the Clerk of the House of Representatives, Dr Yahaya Danzaria, as 73 northern lawmakers kicked against the bills.

Those who rejected the bills include 48 Reps from the North-East, 24 federal lawmakers from Kano and a former Governor of Sokoto State, Senator Aminu Tambuwal, who represents Sokoto South Senatorial District.
The memo suspending the debate dated November 30, 2024 was titled: ‘Rescheduling of Special Session on Tax Reform Bills.’

It read: “I am directed by the House leadership to inform all Honourable Members that the special session, initially scheduled for Tuesday, December 3, 2024, to discuss all the tax reform bills, has been postponed to a later date.

“This rescheduling is due to the need for further and broader consultations with all relevant stakeholders. A new date and venue for the session will be communicated in due course.”

Northern lawmakers mount pressure

A leaked video of the closed-door session of the Green Chamber obtained showed the North-East lawmakers in tense debates against the tax reform bills.

The footage shows the member representing Damboa/Gwoza/Chibok Federal Constituency, Borno State, saying: “On behalf of the 48 honourable members from the ravaged North-East sub-region, I want to first of all rely on the position of the three previous caucus leaders. In addition to this, the primary responsibility of every government is simply the welfare of its citizens.

“North-East, even before the insurgency, was the poorest region in Nigeria. Today, our people have been turned into beggars. Billionaires and millionaires of yesterday have to queue up in IDP camps in host communities to collect 10kg bags of rice.

“If other parts of the country were in our shoes, even this sitting would not be possible. We have concluded that we are going to make further consultations because there is nothing that is cast in stone.”

Giving an insight into the development during the closed-door session, a lawmaker from the North-West, stated: “As the representatives of the people, we have resolved to continue our consultation on the matter,” adding that “things degenerated almost to a point of rebellion against the Deputy Speaker Benjamin Kalu who presided over the executive session.”

Like our governors northern lawmakers are not convinced

He continued: “From what I can deduce, the Governors of the North are not yet convinced about the arguments in favour of the bills. The bills are against the interest of the North and that is why we are saying, ‘if you think this is not the case, give us more time to consult with our people.’

“The speed with which they want these bills considered and passed is suspicious. This is why our governors are not convinced and we are not convinced either,” he noted.

Last week, the Tajudeen Abbas-led 10th House spent over two hours in executive session to forge a common front on the bills only to emerge to announce the continuation of consultation ahead of the debate on the general principles of the bills, which was suspended afterwards.

Tax reform will protect poor people — NOA DG
Meanwhile the Director-General of the National Orientation Agency, NOA, Mallam Lanre Issa-Onilu, has assured that the bills would protect the poor.

Speaking with newsmen in Osogbo at a press briefing held at the NOA office, Issa-Onilu said the bills when passed would eliminate multiple taxation which has become a problem in the country.

Represented by the agency Director, Report Coordination and Improvement, Olubukola Olorunfemi, he said the bill would enhance the ease of doing business and development.

His words: “The tax reform bills are four different bills that seek to bring everything about taxation and administration of tax in Nigeria under four different pieces of legislation. The bills are as follows:The Nigeria Tax Bill. The Nigeria Tax Administration Bill. The Nigeria Revenue Service Establishment Bill and The Joint Revenue Board Establishment Bill.

“The Nigeria Tax Bill basically amalgamated all the existing laws in which provisions for taxation was made. When passed, this bill will lead to the repeal of 11 laws that contain provisions on imposition and collection of taxes.

“The government is working to stop different levels of authority from taxing people for the same thing. Those earning very little will pay little or no taxes, helping them manage their finances better.
“New digital systems are being introduced to make tax payments easier, faster, and more accountable. Tax revenue will be used to improve essential public services like schools, hospitals, and infrastructure, ensuring citizens see the benefits of their contributions.”

The NOA DG spoke in like manner in Kebbi, where he was represented by the Director Documentation, Translation and Publications, Mr. John Bala Asate in Birnin Kebbi during the flag off of the nationwide sensitisation on security, HIV/AIDS, human rights, get-rich-quick syndrome and tax reform bills.

FG’s sensitisation’s late — Kebbi commissioner

However, Alhaji Abdullahi Zuru, Special Adviser, on Communication and Strategy to Kebbi Governor, told the team that the sensitisation on the tax reform bill was late as it should have been done before the presentation of the bill to the tNational Assembly.

Noting that the bills have generated tension across the country, he said: “Our governor and his colleagues have taken a stand on it, we can’t say anything because his stand is final and we will abide by it”.

Zuru urged the Federal Government to borrow a leaf from Kebbi governor, who he said usually consults widely with stakeholders before presenting any bill that has direct bearing on citizens, and not to begin sensitising after presenting it for consideration.

Vanguard News Nigeria

Afe Babalola, the senior advocate of Nigeria (SAN), says he took legal action against Dele Farotimi, a human rights advocate, to address the “falsity of his allegations and hold him account for his actions”.

On Tuesday, operatives from the police command in Ekiti arrested Farotimi in Lagos over a petition about alleged defamation and cyberbullying.

Farotimi had, in a statement, alleged that officers attached to the Ekiti police command had perfected plans to abduct him from Lagos.

He accused the command of deploying questionable means to lure him for arrest despite honouring the invitation of the zone 2 police headquarters in Lagos some weeks ago.

The police accused Farotimi of “criminally defaming” Babalola, the legal luminary, in a book titled: “Nigeria and its Criminal Justice System”.

On Wednesday, the Ekiti state magistrate court in Ado-Ekiti remanded Farotimi after he was arraigned on a 16-count. The activist pleaded not guilty to all the charges.

Since his arrest, there have been strident calls on social media for his release, including from political bigwigs like Peter Obi and Atiku Abubakar.

Omoyele Sowore, publisher of Sahara Reporters, has asked Nigerians to join a “nationwide/global protest” against the judiciary over the prosecution of the human rights activist.

However, in a statement on Friday issued by Afe Babalola & Co., his law firm, the erudite lawyer said no amount of street yelling and media tactics would stop the prosecution of Farotimi.

“We acknowledge several concerns and suggestions on this subject and the inference that the firm and its members would be better served by ignoring these published falsehoods,” the statement, signed by Adebayo Adenipekun, a senior advocate of Nigeria (SAN), reads.

“However, if we do not take any action to correct the false, reckless, and malicious statements by this author, our silence will necessarily be interpreted as an admission of guilt.

“Afe Babalola & Co is a law-abiding organisation that operates strictly within the law. We are aware of the implications of the steps we are taking and the possibility of spin and manipulation by this author, his acolytes, uninformed members of the public, and others who, like him, view us maliciously.

“Still, we are convinced that the legal steps we take now and in the future are the only way to address the falsity of the author’s allegations and hold him to account for his deliberate assault on the integrity and reputation that our founder, Aare Afe Babalola, OFR, CFR, SAN, LLD, has built and passed on to us over the past seven decades using nothing but hard work, legal knowledge, and trenchant advocacy.

“The constitution recognises fundamental human rights, and our firm has championed these rights in over sixty years of its existence.

“However, these rights are not absolute; the freedom to speak is not freedom from consequences of speech. And the subject of speech also has a fundamental right to hold the speaker accountable using lawful means.

“Since the matter is sub judice, we do not intend to join issues in the media on the merits of our complaints or the strength of evidence against Mr. Farotimi.

“Unlike him, we believe in the justice delivery system every time—not only when it favours us. In six decades of litigating cases across Nigeria, we have encountered several lawyers who prevailed against us in court.”

“Their existence disproves Mr. Farotimi’s wild accusations and indicates that at the end of this process, only the law will matter—not the media tactic or street yelling.”

[TheCable]