According to Section 39 of the Constitution of the Federal Republic of Nigeria 1999,”every person shall be entitled to freedom of expression including freedom to hold opinions and to receive and impart ideas and information without interference.” To underscore the importance of this right, the constitution further expands the empowerment beyond private discussions by recognizing the use of the media to effect communication across the globe by anyone desirous of consummating the freedom of speech provided by the section. Hence, Section 39(2) explicitly empowers citizens to “own, establish and operate any medium for the dissemination of information, ideas and opinions.”It is perhaps to avoid the misuse of this powerful right, that Nigeria also has a law of defamation which protects citizens from being hurt by reckless statements made by anyone under the guise of freedom of speech.

It can therefore be argued that although the law of defamation derogates from the constitutional provision on freedom of expression, it is certainly one of those laws which Section 45 of the constitution regards as reasonably justifiable in a democratic society. For those who may not fully comprehend what defamation entails, the Nigerian judiciary has since made it easy by defining the concept as an attack on the reputation of a person which lowers one in the estimation of people or causes him/her to be shunned or avoided or exposed to hatred, contempt and ridicule. But then, not every criticism can qualify to be defamatory. A defamatory statement must not only be clearly false, it must also have been made known to not just a few people but to several persons or the world at large. The damaging statement must also have targeted a specific, identifiable person and not just some group of people.

When the above is applied to the ongoing popular case of legal giant, Afe Babalola and human rights activists Dele Farotimi, many can easily see a pointer to a case of defamation especially its stronger dimension of Libel. This is because the alleged offending statement is clearly published in a book written by Dele Farotimi which is in circulation worldwide. The statement also refers specifically to Babalola. What may be difficult to quickly conclude upon at this point is whether the allegations credited to Farotimi are true of Babalola. It is therefore in order that the aggrieved has sued the accused to prove his allegation or be penalized for making reckless weighty allegations. The case looks quite straight forward because Farotimi has not denied that he made such allegation. In the circumstance, it is a case that the judiciary can easily establish guilt. However, the simplicity of the case has become complicated with the involvement of the police. 

With the main issues in the case clearly laid, out not many have been able to understand what exactly the police have been or are still investigating to justify the continued detention of Farotimi in police custody. Is it so that the activist does not escape from trial or is he facing punishment for his alleged refusal to present himself early enough? If the truth must be told, the involvement of the police in the case merely reminds many people of the posture of the colonial police used by authorities and the elites to compel strong-headed citizens to fall in line. Police involvement in the case has actually created a bigger court on the subject – the court of public opinion. Indeed, the two people involved in the case are very well known to the public. In the case of Babalola, there is hardly any lawyer that is known to have made a bigger success of his career. On the other hand, no one is likely to believe that Farotimi would timidly dodge police invitation.

From the comments made by the Nigerian Bar Association and some senior lawyers including the fiery Femi Falana, the case has since moved away from that of defamation to the misuse of police power to suppress an underdog. Many people could not have been comfortable with the report that Farotimi’s arrest was done by operatives of the Ekiti State Police Command without prior notification to the Lagos State Police Command or even the higher Zone 2 Command. It is reported that the arrest took the gestapo’ style just as it was done without the convention of logging or booking the case in Lagos thereby leaving Assistant Inspector General of Police (AIG) Zone 2 Command, Adegoke Fayoade and the Lagos State Commissioner of Police Olanrewaju Ishola in the dark until the incident went public. This gives an impression that some actors in the game are more interested in toying with Farotimi’s right to liberty than ensuring justice.

Many questions have since been asked and irrespective of what side anyone chooses to support, Nigerians would no doubt gain from answers to such questions. First, having allegedly invaded Dele Farotimi’s chambers, why was it necessary for the Ekiti operatives to also harass the staff by seizing their phones? Was the choice to use the Ekiti police instead of their colleagues in Lagos where the accused works and lives strategic? Put differently, is it true that Lagos was being avoided because ‘the state of excellence’ has since 2011 decriminalized defamation? Again, how true is the allegation that the arrest of the activist was premature? This question has been asked because DSP Abutu Sunday, the Public Relations Officer of the Ekiti State Command issued a press statement that Farotimi “was in custody and will be arraigned as soon as investigation is concluded.” 

It is worthy of note that some persons are also asking questions in favour of Afe Babalola. For example, should Babalola keep quiet and watch his hard-earned reputation destroyed through what looks to him as reckless statements? There is also the issue of the state of the law. Is defamation only a civil wrong? Here, attention is being drawn to the subsisting provisions of the Criminal Code on defamation which establishes clearly that in Nigeria, defamation is also a criminal offence. In addition, it is argued that no amount of compensations can repair the damage which the allegations have done to Babalola’s hitherto impeccable reputation. As we all await the verdict of the court, not much has been said about two aspects of the case. The first is the issue of veracity; who says Farotimi’s allegations cannot be true? Do we know what Farotimi knows about Afe Babalola that could make him think the legal giant does not deserve the high esteem of Nigerians?

The second is the dicey nature of defamation. Indeed, because defamation matters are usually premised on reputation, some defendants could bring up a dirty past that the plaintiff may have forgotten and which could be to the embarrassment of the parties and their children. Here, let’s recall the 1985 libel case instituted against NewsWatch Magazine by the late Chief Frederick Rotimi Alade Williams SAN. NewsWatch hired Chief Gani Fawehinmi who came to court to argue that his clients were justified in their publication insisting that Chief Williams who at the time was arguably the most respected lawyer in Nigeria had no reputation to protect. To illuminate his position, Gani exhumed a 1949 case in which Chief Williams was lampooned in court for a dishonourable conduct of misapplication of his client’s funds. Not much could be said thereafter.

This piece cannot end without reference to the fact that it is one thing for the court to uphold a person’s reputation but quite another thing for the public that a person wishes to please to fixatedly hold-on to a different opinion. Today, some segments of the Nigerian public and other international activists have already taken sides against Babalola. Many people are said to have rushed to purchase every available copy of the ‘forbidden’ book making Amazon to declare the book which initially recorded low sales to have attained a best seller status. Next Tuesday, activists are billed to gather at Kings College London to put pressure on the institution to cancel its Afe Babalola Centre for Transnational Education named after the legal giant for what the group perceives as Babalola’s abuse of power. We can only hope that the court case itself will not end in Pyrrhic victory – one obvious reason why cases of defamation by great men should be left to the courts without involving other exuberant actors.

The overall best-graduating student in the 2023/2024 academic session of Wesley University, Ondo, Miss Ifeoluwa Mercy Adeyemi, has shared the reasons behind her remarkable achievement.

In an interview during the institution’s 13th convocation ceremony in Ondo town, Adeyemi revealed that she intentionally chose not to have a boyfriend throughout her four-year course to avoid distractions.

The 19-year-old, who graduated with a degree in microbiology, achieved a Cumulative Grade Point Average (CGPA) of 4.97.

According to her, having a boyfriend during her undergraduate studies would have detracted from her academic focus.

She stated that her primary motivation was to make her parents proud during her academic journey. “Well, I had actually discussed this matter with several other people, and they told me that it depends on your own perspective”, she narrated.

“But for me, I see it as a distraction because I cannot divide my mind.

“A boyfriend might be demanding my attention, which would prevent me from putting my total effort into my books”.

Adeyemi emphasized that although she had no intention of having a boyfriend at the moment, she was open to the idea at the right time.

Her drive to please her parents played a significant role in her success.

“At first, I have parents that I cannot disappoint. So this is one thing that keeps coming to my mind. Anytime I found distractions, I would remind myself: your parents are out there, and you need to make them proud,” she said.

Additionally, Adeyemi expressed her ambition to make an impact in the health sector.

Her words: “I want to solve problems in this world, especially in the health sector. And I have to put more effort into understanding this course, microbiology, because it deals with microorganisms, which are central to diseases and health.

“So I need to focus on it and make my parents proud.”

Looking ahead, Adeyemi plans to further her education with a master’s degree and eventually a Ph.D., aiming to become a researcher.

Earlier, the Vice Chancellor of Wesley University, Prof. Sunday Samuel Obeka, announced that 39 students graduated with First Class Honours out of a total of 230 graduating students.

He highlighted the university’s commitment to holistic education, rooted in the Wesleyan tradition, which emphasizes intellectual sharpness, character cultivation, and preparation for community service and self-reliance.

Obeka added that the institution had achieved significant milestones, including strategic partnerships and curriculum reviews, strengthening its position as a leading educational establishment in the country.
He emphasized the need for the government to support private universities’ medical colleges, such as Wesley University’s growing offerings in health sciences, to address the shortage of health workers in the country.

Sir Demola Aladekomo delivered the convocation lecture while Pastor Sunday Ogwuche was the guest speaker.
The Chancellor, Senior Pastor Paul Enenche, presented each of the First Class graduates with ¦ 100,000.
In his address, Enenche encouraged the graduates, marking the beginning of great achievements in their lives.

A three-day spiritual crusade led by the guest speaker, Ogwuche, themed, ‘Wesleyan Heritage: A Panacea for Physical, Social & Spiritual Growth,’ was also part of the convocation ceremony. Ogwuche emphasized the importance of embracing their new identities as change-makers in society.

During the event, Olori Comfort Kiladejo, the wife of the Osemawe of Ondo Kingdom, Oba (Dr.) Victor Kiladejo, was honored with an honorary degree in Entrepreneurship and Humanitarian Service.

[Vanguard]

Aare Afe Babalola, CON, SAN, stands as a radiant beacon of the extraordinary in Nigeria, illuminating the paths of countless legal minds. His influence is profound, and as one of his beneficiaries, I often reflect on a pivotal moment during my National Youth Service in Abuja. In my earnest pursuit of a sterling legal career, I was fortunate to have Hon. Justice Olaseinde Kumuyi, the esteemed former Chief Judge of Ondo and my then Director of Civil Litigation at the Federal Ministry of Justice, advocate for my potential. With unwavering faith in my abilities, he personally chaperoned me to meet Aare Afe at his office in Adamasingba, Ibadan.

In a gesture that exemplified his remarkable generosity, Aare Afe directed me to his Chicken House office in Abuja, where I was mentored by Dr. Olumide Ayeni, SAN, the then Head of Chambers at Afe Babalola’s Emmanuel Chambers. His kindness extended beyond guidance; he gifted me a modest yet significant sum of money, instructing me to use it to "clean my bib." This phrase, particularly when linked to such a considerable amount for caring for a newly purchased, starched bib, remains a delightful enigma, symbolizing both support and encouragement.

Though my time at Aare Afe Babalola Emmanuel Chambers was brief and without formal remuneration, each of his visits to Abuja brought tokens of generosity that exceeded the annual earnings of many lawyers. He is a true guru, a master of the legal field; his courtroom advocacy resonates with the eloquence of a seasoned lecturer, and each of his written addresses reads like a seminal paper.

From him, I learned not only the virtues of confidence but also the intricate nuances of legal practice, understanding that these elements are vital to success in our noble profession. He is indeed a Godsend to our jurisprudence and legal community.

It is deeply disheartening to witness unfounded accusations directed at him, disregarding our sacred Yoruba tradition of honoring our elders. To label an Ekiti man with allegations of corruption or theft without substantial evidence is a serious affront. We must cherish our community's icons and tread carefully to protect those we hold dear. Aare Afe Babalola is a luminary, not only for Nigeria but for the world; such baseless claims tarnish his dignity and legacy.

Legacy and reputation are the cornerstones of our personal and professional lives. They define how we are remembered and the impact we leave on others. When individuals engage in malice or grandstanding at the expense of others, they not only diminish the reputation of their targets but also tarnish their own legacy. Such actions stem from insecurity and a desire for fleeting attention, ultimately leading to a cycle of negativity that harms everyone involved.

Both civil and criminal laws exist to protect reputation, safeguarding individuals from defamation and unjust harm. These laws remind us that our words and actions carry profound weight, influencing lives long after they are spoken.

As we navigate this complex terrain, we must also remember that to err is human. Mistakes are an inherent part of our existence, and acknowledging this truth is crucial in our pursuit of justice. While accountability is essential, I believe that justice should mirror Aare Afe’s generous spirit and be tempered with mercy.

When we make errors—whether in judgment, action, or decision—it's vital to approach these situations with compassion, recognizing the potential for growth and rehabilitation. As the Quran beautifully states, “And do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness” (Quran 5:8). Similarly, the Bible teaches us to “do unto others as you would have them do unto you” (Luke 6:31).

In the spirit of our rich traditions, let us honor our elders and protect the integrity of our community, nurturing a legacy of respect, compassion, healing and understanding that will inspire generations to come.

The discussion point of the second part of this serial harped on when we could develop a ‘national creed’ to deal a blow on this enemy called national greed, whose effects have continued to destroy our national grid.

We need to get back to this discussion point because some of the power elite who need to develop a national creed for the most populous black nation on earth just returned from three powerful nations, France, Brazil and South Africa where the governments cannot ignore the expediency of reducing energy cost to boost business and enhance welfare of the people. I hope they are deepening their understanding about why we need a national creed to destroy national greed that has also diminished the stature of Africa’s most populous country.

As I ponder the perpetual darkness that has become the norm in our beloved country, I am again reminded of the age-old adage: “greed is the root of all evil.” It seems that our collective greed has become the primary obstacle to enjoying a reliable and efficient national electricity grid. The other day, I was at Ilupeju SPAR (supermarket) for a haircut at my usual salon. I was shocked to discover that Black&White unisex salon that had a thriving shop of many young professional hairdressers, barbers, manicurists, pedicurists, facial beauticians, etc had disappeared from the premises of the biggest mall in Ilupeju. I called the Black & White salon manager who apologised profusely to me. He said, “Uncle, sorry, we had to close that shop because we couldn’t cope with the electricity bills there. Everything we were making couldn’t pay the electricity bills. Sadly, we haven’t got a new place. All of our professionals are jobless now…”

For decades, Nigeria has struggled to provide stable electricity to its citizens and entrepreneurs. Despite the abundance of natural resources, including oil, gas, and hydroelectric power, our national grid remains in shambles. The consequences are dire: businesses suffer, industries stagnate, and the overall quality of life deteriorates.

So, what’s the root of this problem? Is it corruption, incompetence, or a lack of investment? While these factors certainly play a role, I firmly believe as I have been saying that our ‘national greed’ is the primary culprit.

Greed, in this context, refers to the insatiable desire for power, wealth, and influence that seems to drive our national agenda. It’s the same greed that leads politicians to embezzle funds meant for infrastructure development. It’s the same greed that prompts business leaders to prioritise profits over people. And it’s the same greed that encourages individuals to sabotage the system for personal gain.

Until we address this ‘national greed’, our electricity grid will continue to suffer. The grid is not just a physical infrastructure; it’s a symbol of our collective well-being. When it fails, we all suffer.

So, when will our national greed collapse, allowing our electricity grid to work efficiently? The answer lies in our collective willingness to prioritise the greater good over personal interests.

A call to action
To achieve this, we need a fundamental shift in our national mindset. We must recognise that our individual successes are inextricably linked to the success of our nation. We must prioritise investments in critical infrastructure, including the electricity grid that keeps collapsing amidst ‘Band A’ fallacy.

Furthermore, we need to hold our leaders accountable for their actions. We must demand transparency and accountability in the management of our national resources that have been wasted on the power sector’s dubious expansion. We must also support policies and initiatives that promote the greater good, even if they require short-term sacrifices.

The collapse of ‘national greed’ requires a new era of cooperation and collective responsibility. We must work together to build a Nigeria where the electricity grid is a symbol of our national pride, not a source of shame. As we strive towards this goal, we must remember that the collapse of national greed is not a destination; it’s a journey. It requires patience, perseverance, and a commitment to the greater good by our leaders who keep pursuing frivolous projects such as overhead bridges and water boreholes that can’t enhance humanity and human development indices.

As I reflect on this topic again this week, I’m reminded of the wise words of Nelson Mandela: “The greatest glory in living lies not in never falling, but in rising every time we fall.” Nigeria has fallen many times, but it’s time for us to rise again. Let us rise above our national greed and work towards a future where our electricity grid is a symbol of our national pride. Let us rise above our individual interests and prioritise the greater good. Here are some good examples of what the governors of the 36 states and Abuja can do now that there is power sector freedom in federalism.

Deliverables and lessons from Redemption City and Covenant University
The examples of Redemption City of RCCG Mission and Covenant University/Canaan Land, Ota, both in Ogun State, Nigeria, demonstrate the feasibility of independent electricity power generation and distribution. These institutions have successfully implemented self-sufficient power systems, providing 24/7 electricity to their communities.

The deliverables
*Decentralised Power Generation: Both institutions have invested in decentralised power generation, using a combination of diesel generators, gas turbines, and renewable energy sources. This approach allows them to generate power independently, reducing reliance on the national grid.

*Private Sector Participation: The success of these institutions’ power systems is largely due to private sector investment and management. This highlights the importance of public-private partnerships (PPPs) in developing and operating power infrastructure.

*Community-Based Power Distribution: Redemption City and Covenant University have established their own power distribution networks, serving their respective communities. This approach ensures reliable and efficient power supply, with minimal transmission losses.

*Regulatory Framework: The Nigerian Electricity Regulatory Commission (NERC) has played a crucial role in enabling these institutions to generate and distribute power independently. The regulatory framework has provided a level of certainty and stability, encouraging private sector investment in the power sector.

Implications for State Governors:
The examples of Redemption City and Covenant University demonstrate that state-based power generation is feasible and can be effective. State governors can explore similar initiatives to address power shortages in their respective states.

*Public-Private Partnerships: State governors can leverage PPPs to develop and operate power infrastructure, reducing the financial burden on state governments. Oyo state has begun this in the capital city, Ibadan.

*Decentralized Power Distribution: State governors can consider decentralised power distribution models, where power is generated and distributed at the local level, reducing transmission losses and improving efficiency.

*Regulatory Support: State governors can work with NERC and other regulatory bodies to create an enabling environment for private sector investment in the power sector.
Post-Deregulation Opportunities

*State-Based Power Markets: With the deregulation of the power sector, state governors can explore the creation of state-based power markets, where power is generated, transmitted, and distributed within the state.

*Independent Power Producers: State governors can encourage independent power producers (IPPs) to invest in power generation projects within their states, providing a reliable source of power.

*Mini-Grids and Micro-Grids: State governors can support the development of mini-grids and micro-grids, which can provide power to rural and underserved communities.

In the main, the examples of Redemption City and Covenant University/Canaan Land demonstrate the potential for independent electricity power generation and distribution in Nigeria. State governors can learn from these examples and explore similar initiatives to address power shortages in their respective states. The post-deregulation landscape provides opportunities for state-based power markets, IPPs, and mini-grids/micro-grids, which can help to improve the overall efficiency and reliability of the power sector in Nigeria. Let’s ask what the governors are waiting for?

As I noted in the first part of this serial on March 20, 2022, let’s not get it twisted, unless there is a collapse, yes collapse of this public enemy number one, called national greed, we will not be able to sing any redemption songs in the energy sector comprising electricity and oil and gas resources. It is bad enough for our country that now after 25 years of unbroken democratisation and politicking (29 May, 1999-29 May 2024) couldn’t lead to credible revival of our oil refineries. What is worse, our power (electricity) sector too hasn’t raised what Ngugi wa Thiong’o calls, “hope of a better tomorrow as “the only comfort you can give to a weeping child”. So, instead of praying for restructuring and revival of our accident-prone national grid, we should pray fervently for the collapse of national greed at all levels of leadership and followership here.

Greed is an uncontrolled longing for increase in the acquisition or use of material gain; or social value, such as status, or power. Greed has been identified as undesirable throughout known human history because it creates behaviour-conflict between personal and social goals… An example of greed is when you are obsessed with getting more and more money. A selfish or excessive desire for more than is needed or deserved, especially of money, wealth, food, or other possessions. It sometimes drives inordinate ambition and so that is where we find people’s greed for power.

This is the cause of near absence of common good in Nigeria. Most people who seek power in Nigeria are driven by this uncontrolled longing for increase in the acquisition or use of material gain, or social value or power, not for the purpose of service delivery or public good. The powers, I mean the business elite that acquired the electricity power stations from former President Goodluck Jonathan were largely driven by this same common disease called national greed, because they were just obsessed with getting more and more money than is needed or deserved. They artfully bamboozled the nation for what they thought were lucrative power stations. They didn’t intend to invest more to get our national grid working. They were supported and shielded by the very federally greedy power elite in Jonathan’s government.

The national greed in all of them is the reason our electricity national grid will continue to collapse. So, until the national greed in all of the business and power elite in Nigeria is made to collapse through a national creed and revolutionary movement to make the world’s most populous black nation an entrepreneurial nation, we will continue to read from the book of lamentation called constant collapse of national grid. Oh yes, it is the national greed of our leaders and their business elite collaborators that should be made to collapse, ‘lest we should be the last’ in the new world order as the iconic Kwesi Brew warns.

Mohammed Idris, minister of information and national orientation, says Nigeria’s tax administration system is long overdue for reforms.

Speaking at the 2024 annual general meeting (AGM) and public lecture of the Nigerian Institute of Public Relations (NIPR), Kaduna chapter, on Saturday, Idris said the nation’s tax administration system has become long overdue for reforms.

On October 3, Tinubu presented four tax reform bills to the national assembly for deliberation and passage.

The bills, which have passed the second senate reading, are the Nigeria tax bill, the Nigeria tax administration bill, the Nigeria revenue service establishment bill, and the joint revenue board establishment bill.

“All over the world, effective taxation is important as a source of financial power for governments to provide social services for their citizens,” the minister said.

“Society advances by mutually respectful engagements, where we give voice to diverse opinions and respect those who we disagree with. We will certainly not always agree on all issues, perhaps not even on most.

“But we will always be guided by the fact that the things that unite us—our common humanity, our nationhood, our sense of patriotism, and our collective vision for a Nigeria that works for all—will always be more important and more meaningful than our differences of age, religion, region, ideology, gender, culture, and social class.

“All over the world, effective taxation is important as a source of financial power for governments to provide social services for their citizens.

“However, there is plenty of reason to believe and assert that Nigeria’s tax administration system has become long overdue for reforms, on account of design and implementation flaws as well as the general attitudes of taxpayers toward taxation.

“It is very inspiring and heartwarming to see Nigerians from all walks of life coming out to express their views and opinions on these matters of critical national importance.”

The minister assured that “President Bola Tinubu has also been very clear that the executive will listen to and work with all stakeholders to ensure that all concerns are duly and comprehensively addressed”.

“We will continue to ensure open lines of communication and engagement with the national assembly and all other stakeholders on these taxation bills,” he added.

“We are all in this together, as one people, one nation, and just as we are being called upon to make collective sacrifices, we will also collectively reap the abundant social and economic benefits of all of these necessary reforms.”

[TheCable]

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.