Opinion
Saraki and a Nation in Search of Nationalists
Published
6 years agoon
By
EricBy Jude Ndukwe
Political events of recent days have been both telling and defining. With the gale of defections particularly as it affects the two leading parties in the country, the ruling All Progressives Congress, APC and the opposition Peoples Democratic Party, PDP, the 2019 general elections will no doubt be as interesting and as intriguing as never before.
From the Senate President, Dr Olubukola Saraki, the governors of Benue, Kwara and Sokoto States Senators and members of House of Representatives, a majority of the members of affected State Houses of Assembly, federal government appointees and other elected office holders at the State and local government levels including national and state officers of the party, defected from the ruling APC to the opposition PDP, pulling their crowd of supporters along with them.
Since then, leading members of the ruling party have been making frantic efforts at stemming the tide while restrategising on ensuring that they do not lose any further political capital as a result of the exit of the defectors even though they sometimes go overboard by resorting to unnecessary and futile threats and name calling.
No doubt, Saraki’s departure is the one that seems to worry leaders and members of the APC most as they believe that he made way for the easy passage of other power brokers to the PDP. Since then, they have embarked on a series of scurrilous attacks on the senate president accusing him of sundry offences ranging from the ridiculous to the comical. They have therefore asked him to relinquish his position as senate president because, according to them, he has used his position to frustrate the “Change” agenda of the Buhari-led APC government over its three years of existence.
The truth is that Saraki is one man who has actually put his office to noble use in stabilizing the nation in her tumultuous moments and galvanized the senate in particular and the national assembly in general in giving vent to the agenda of the Buhari administration. He is one man who has gone as far as dousing rising tension among national assembly members for the numerous periods they raised critical issues against the executive. He used his office to placate raging members every time they had genuine cause and good grounds to ground government.
On several occasions when issues came to a head, he was always invited by the executive to give soft landing to the president and his appointees sometimes even against the wish of senators and other national assembly members. He has successfully managed the diverse interests of senators and tailored them towards cooperating with the executive in the pursuit of its duties.
All these he has done despite the relentless attack on his person by agents of the executive including several puerile and brutal needless court cases he was dragged into just to embarrass, intimidate and harass him into relinquishing the presidency of the senate which he contested and won within the purview of his rights but against the wish and devious machinations of power brokers within the fold of the APC. That is not to talk of the massive campaign of calumny, propaganda and outright falsehood launched against him as a person and the national assembly as an institution in the media.
Added to this is the vindictive harassment including physical assault of senators perceived to align themselves with him and his leadership in the Upper Chamber using state security agents to achieve this sinister agenda of attempting, albeit futilely, to silence the legislature and emasculate its members for the purpose of creating a leeway for President Muhammadu Buhari to operate without checks to his powers and functions, a scenario too dangerous for a complex nation like ours whose corporate existence lies in the fragility of our diversity.
As if to confirm its insatiable desire to turn Nigeria to a fiefdom that is ruled according to the whims and caprices of the president against all known principles of democratic attributes, the judiciary was also not spared the ruthless onslaught of the executive and its agents as judges were routinely maligned, humiliated, harassed and embarrassed just to get them intimidated and restrained from dispensing justice to the victims of all these executive recklessness as court orders are also disobeyed as a matter of routine.
In all these, Saraki maintained his calm and took it all with equanimity while discharging his duties without allowing his harrowing experiences in the hands of the executive affect his functions as senate president as he put the nation first at all times. For example, but for his meek mien which he brought to bear on his office, others in his shoes would have wielded the enormous powers at his disposal as senate president against the executive. For the many appointees of government that neglected, failed and or deliberately refused to answer summons of the senate to give explanations to issues of critical national importance arising from their office, the senate could have withheld their budgets or refuse to attend to executive bills brought its way. But despite all the shenanigans of the executive, Saraki has always risen above personal pains, humiliation and discomfort to put the nation first on a regular basis.
It is not every senate president that will tolerate a situation where government appointees not confirmed by the senate as required by our laws continue to defy the legislature with the tacit support of the president by remaining in office thereafter. The EFCC chairman failed screening processes of the senate more than once and the president was told in no unmistaken terms to replace him as he was not fit to hold public office particularly on the strength of a damning report of alleged severe corrupt against him in a document submitted by a sister security agency, the Directorate of State Services, DSS. In spite of this, Ibrahim Magu the unconfirmed EFCC chairman has continued to remain in office against public good and constitutional processes, yet, the Senate president, in order not to slow down the job of the EFCC because of the shortcomings of one man, has continued to convince senators not to hold the executive to ransom.
It is the same with the Customs boss, the police boss and several other government appointees who have demeaned the senate by refusing to answer its summons or obey its resolutions or motions.
Even the delay usually experienced in the passage of our budgets is always the fault of the executive who send in their budget proposals so late into the year but expect the legislature to rush over it without proper scrutiny and legislative processes that would straighten out grey areas in the document. It is instructive to note that the legislature while scrutinizing these budgets have almost always found questionable figures inserted into the budgets by members of the executive, some without the knowledge of even the president himself. A noteworthy point however, is the Senate is now pushing new legislation to bring an end to this yearly debacle.
Furthermore, it has become commonplace for heads of MDAs to refuse to go to the senate to defend their budgets even after several requests by the senate for them to do so. For example, despite this blatant undermining of the legislative arm by the executive particularly the MDAs in this case, the Senate President, Dr Bukola Saraki and his House of Representatives counterpart, Rt Hon Yakubu Dogara, still bent over backwards and led a delegation of national assembly members to Aso Villa to appeal to the president to order concerned ministers and MDAs to go to the national assembly and defend their budgets as part of standard “legislative review process” world over. This was as late as March this year, four months after the president laid the budget before the national assembly.
The implication of this fact is that effective work of the legislature on the budget did not take place until after the president gave the marching orders to his ministers and MDAs to go to the national assembly and do the needful. This is in addition to the fact that, according to the national assembly, members of the executive were still bringing in new items for the budget even as late as April, yet, the Senate President still accommodated them in order for the legislature not to be seen as forming a cog in the wheel of the progress of the executive. Saraki did all these not because he could not wield the senate’s big stick against the recalcitrant MDAs but because he put national interest above every other factor.
It is therefore most heartwarming to know that despite the recklessness of the executive who have severally and severely demeaned and desecrated every of our democratic institutions, and continued to provoke citizens through its tyrannical actions, Saraki has proved himself a rare nationalist, at a time like this, who has risen above the persecution brought his way, in order to protect our democracy and stabilise a nation being driven to the precipice by an executive arm that has terribly overreached itself in its quest to create an atmosphere of fear in the polity and have a democratically elected president of the nation act with without regards for the rule of law. Political actors like Saraki, who are politically refined, highly educated and exposed, cannot afford to remain in the same party with such an executive arm. They might have flocked together for so short a whilethey are certainly not of the same plumage.
As we approach the 2019 general elections, it is believed that the executive might become more ruthless in its dealings with the people, and it is only honourable for the Sarakis of our nation to put themselves in the line of fire in the defence of our democracy by pulling out from an APC that has largely lost the goodwill that brought it to power only just three years ago. To discerning minds, Saraki’s move from the APC to the PDP is a big sacrifice made for the nation with little or no benefit for himself as he could have gained more by pretending to like the current dire state of the nation and remain in the APC especially with reports rife that some mouth-watering and irresistible juicy offers were made to him by senior members of the executive and APC leaders to remain in their party before he eventually chose the path of honour and jettisoned both them and their offers. And despite knowing full well that the already desperate APC would unleash even greater and more furious terror on him if he jumped ship, he still took the risk of doing so in order to join forces with an alternative party, the PDP, which has remained a foremost political party after its rebranding and reform processes, true democrats and citizens of goodwill, to save our country and democracy from the grip of those determined to continue to ride roughshod over all of us.
No doubt, when the time comes to count those who refused to use their exalted office to settle personal scores, and joined forces with well meaning Nigerians to save our land, Saraki’s name will surely be given its appropriate place of prominence in such a record even as history beckons.
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By Prof Mike Ozekhome SAN, CON, OFR, LL.D.
“Freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed” (Martin Luther King, Jnr). Justice Walter Onnoghen who was unfairly disgraced out of office presumably as a crook by former dictator President, General Muhammadu Buhari, has just demonstrated this apophthegum through three appeals, namely CA/A/375/2019; CA/A/37/SC/2019 and CA/373C/2019. He valiantly fought for his freedom through these three appeals against his April 18, 2019 outrageous conviction which was schemed by Buhari and his kitchen cabinet to humiliate Onnoghen out of the Bench so as to make CJN, his preferred candidate (Justice Tanko Mohammed), CJN (rtd.) on the eve of the 2019 presidential election. Buhari knew he had performed dismally and would be rejected at the polls by angry and hungry Nigerians. So he went Judge-shopping. The rest as they say is history. The legal saga of Justice Walter Onnoghen is not just the story of one man’s acquittal, but a larger commentary on the poor state of Nigeria’s judiciary and the ever-present tensions between political power wielders and judicial independence. It is a story fit for a Grammy Award movie. His acquittal on 4th November, 2024, by the Court of Appeal in Abuja, marked a significant chapter in Nigeria’s legal history, casting a powerful shadow of doubt and curious spotlight on the principles of separation of power, due process, the sanctity of judicial independence and the perils inherent in political intervention. The appeal that restored Justice Onnoghen’s hard-earned reputation and returned his assets to him is also a profound testament to the importance of procedural integrity and jurisdictional boundaries in any democratic society.
I had the opportunity in the nineties to appear before the brilliant Judex while he was a High Court Judge of the Cross River State Judiciary, Calabar. I know he was a man of integrity and character. During the infamous Onnoghen’s trial by ordeal, I made many interventions. In one, I said:
“A strong judiciary is one of the irreducible fundamental platforms for any meaningful constitutional democracy. If you terrorise, intimidate, harass and humiliate the judiciary, using strong hand and brute force, it is a stage set for bidding democracy farewell”- Mike Ozekhome, SAN (https://dailytrust.com/ozekhome-charges-judiciary-to-shut-down-courts-over-onnoghen/). (13th January, 2019).
In a world where the judiciary stands as the final arbiter of justice, Justice Onnoghen’s story is one of a victim who faced unprecedented tribulations, endured a long agonising path to redemption. He ultimately emerged victorious. The appeal process that culminated in his acquittal is a reminder that justice may sometimes be delayed, but it can never be forever denied.
HOW THE APPEAL COURT ACQUITED ONNOGHEN
The verdict by the Court of Appeal represented a turning point in a legal drama that had captivated Nigerians and raised profound questions about the nature and quality of justice in the country. On the 4th of November, 2024, a three-member panel led by Justice Abba Mohammed ruled in favour of the ex-CJN, Walter Onnoghen, acquitting him of the charges initially levied in 2019 by the Code of Conduct Tribunal (CCT) in 2019. This decision not only vacated the earlier conviction but also ordered the unfreezing of all his bank accounts, thus restoring his financial freedom that had been denied him since the controversial trial began.
I have been overwhelmingly vindicated in all my angst and ventilations against the victimhood suffered by Onnoghen. Hear me:
“The CJN can be removed from office either if he has been convicted or if under section 291 of the constitution, the Senate affirms a request by the President to remove him by two-third majority vote” – Prof. Mike Ozekhome, SAN (https://www.pulse.ng/news/politics/mike-ozekhome-reacts-to-allegations-against-cjn-onnoghen/zdx9del). (12th January, 2019).
The acquittal judgement was predicated on a legal principle central to the Nigerian jurisprudence which articulates around jurisdiction. The Court of Appeal asserted that the CCT had no authority in the first instance to try and convict Justice Onnoghen having not passed through the National Judicial Council (NJC). This oversight, the appellate court argued, rendered the entire proceedings null and void. This requirement had been emphasized in Nigerian case law with decisions such as FRN v. NGANJIWA (2022) LPELR-58066(SC) and OPENE v. NJC & ORS (2011) LPELR-4795(CA), which clearly emphasise that judicial officers must first be vetted by the NJC before facing any criminal trial by a tribunal or court. This process is designed to protect the judiciary and its judexes from strong-hand politicians and political interference, thus ensuring that judges are treated with the respect, dignity and due process that their offices richly deserve. I had angrily queried:
“…Our system of justice being Anglo-Saxon based, which is accusatorial, meaning that the innocence of a person is presumed. It is different from the criminal justice system of the French model which is inquisitorial, wherein the guilt of an accused person is presumed. This doctrine has been encapsulated in section 36 of the 1999 Constitution, as amended, that the person’s innocence is presumed until he has been proven guilty. Assuming for example that Senator Bukola Saraki had been forced to resign his office when charges were brought against him before the same Code of Conduct Tribunal almost three years ago, what would have happened and what would have been his fate when the Supreme Court eventually discharged and acquitted him of the charge, following judgements and earlier order of the Court of Appeal and the Code of Conduct Tribunal itself? If you ask me, I sense serious political undertones oozing from this so-called imminent arraignment of the noble CJN. Question, when did they discover the alleged offence for which they now want to charge him on Monday? Was it just yesterday, was it last week, two weeks or six months ago? The CJN has been in office now for well over one year, how come that this misconduct or whatever offence that he is being alleged, was not seen up to now? How come, that it is just less than 40 days to the 2019 Presidential election, when the CJN is going to play the major role in constituting the Presidential election petition tribunal, that he is being moved against? Who is afraid of the Judiciary? Who is afraid of Justice Onnoghen and his impartiality and straightforwardness? How come we are reducing governance in Nigeria to one of impunity, one of despotism and one of absolutism. Don’t this people know that the world is laughing at us? Did we not see how Dino Melaye was yanked out from police hospital and taken to DSS quarters when he had no business or case with the DSS and DSS had no case against him. Did they not see Dino Melaye, a serving Senator of the Federal Republic of Nigeria, sleeping in the open yesterday? Do they go on social media and do they watch international televisions? Do they know how the whole world is deriding us in this country? That governance has been reduced to mere witch-hunt, very opaque, very unaccountable, very un-transparent and very very fascist! Can’t they see that?”- Prof. Mike Ozekhome, SAN (https://www.pulse.ng/news/politics/mike-ozekhome-reacts-to-allegations-against-cjn-onnoghen/zdx9del). (12th January, 2019).
My intervention as far back as 2019 served as a reality-check, pointing out that removing a Chief Justice can never be a whimsical decision; it is bound by the checks and balances that keep our justice system watered. My then reference to “impunity, despotism, and absolutism” hit like a huge hammer, evoking the imagery of a judiciary under siege of political transaintionists. By drawing parallels with then Senators Saraki and Dino Melaye’s own public tribulations, I attempted to paint a vivid picture of a prostrate justice system afflicted by power jackbootism.
Justice Onnoghen’s acquittal is a clear victory for judicial integrity, independence and an affirmation that the judiciary cannot be used as a pawn on political chessboards. The ruling also reinforces the fact that procedural lapses, especially in matters bordering on citizens right and high-ranking judicial officers, are unacceptable and grossly violate the principle of fair trial. As the Bible counsels in Proverbs 31:9, “Speak up and judge fairly; defend the rights of the poor and needy.” This verse captures the essence of due process, emphasizing that justice must be dispensed with fairness and respect for established procedures. I did not mince words then in condemning the executive lawlessness unleashed on Onnoghen:
“It must be pointed out that this latest step by the CCT… appears to be teleguided by the dictatorial Executive, especially the presidency” – Prof. Mike Ozekhome, SAN (https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/). (14th February, 2019).
The ugly circumstances surrounding Justice Onnoghen’s initial trial and conviction by the CCT underscore the potential dangers when procedural norms are bypassed. My passionate critique of the dastardly role played by the Buhari-led administration from 2015 to 2023 as regards Onnoghen’s trial by ordeal revealed the high stakes which were at play. By overstepping the NJC, I had warned then that unchecked executive power could encroach upon the independence of the judiciary which will ultimately undermine the very foundation of democracy.
THE PRECEDENT OF JURISDICTION AND JUDICIAL INDEPENDENCE
Justice Walter Onnoghen’s acquittal by the Court of Appeal is not just a victory for one individual, but a landmark affirmation of a fundamental principle of law, that jurisdiction is the bedrock of any valid legal proceeding. Without proper jurisdiction, any judgement rendered is, as many legal scholars have agreed on, will merely be an exercise in futility. This principle is enshrined in our legal jurisprudence to protect the sanctity of judicial offices and prevent arbitrary persecution. The Court of Appeal’s decision to vacate Justice Walter Onnoghen’s conviction reaffirmed this core legal tenet, sending a clear message that the judiciary is not a toothless bulldog and tool to be wielded by the executive or any other arm of government.
“Injustice anywhere is a threat to justice everywhere” – Martin Luther King Jr. The Nigerian legal framework, supported by landmark cases such as FRN v. NGANJIWA (Supra) and OPENE v. NJC & ORS (Supra), outlines that the NJC must first investigate and make recommendations regarding any allegations against judicial officers before any trial can commence at the CCT. This process serves as a bulwark against arbitrary trials, ensuring that judges are not subjected to undue pressure or political intimidation. I had also then warned about the dangers posed whenever these procedural safeguards are disregarded: “The CCT was unrelenting: it discarded its earlier precedents; ignored court rulings barring it from trying Onnoghen. It was the case of the falcon not hearing the falconer”- Prof. Mike Ozekhome, SAN (https://www.thecable.ng/ozekhome-onnoghen-resigned-because-the-cabal-had-sealed-his-fate/). (6th April, 2019).
Thus, five years ago (2019), I was nothing short of prophetic. I had foreseen the critical blunders and overreaches that would compromise the integrity of the judiciary in the Onnoghen saga. My warnings were very clear then about the dangerous precedent that was being set in bypassing due process and using the judiciary as a tool for political manoeuvring. As events have now unfolded, my observations then have proven me to be a visionary critic who critiques (not criticises) a justice system that was then on the brink. I had cautioned against the erosion of judicial independence in the face of executive influence. I had given nine reasons why the CCT’s arrest order on and trial of Justice Onnoghen could not stand. See:
(https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/).
My list was not just a check-list of procedural irregularities; it was also an indictment of a system seemingly hijacked by political buccaneers. Each point landed like a blow, revealing layers of oversight that were by-passed; up to the requirement for humane treatment under the ACJA that was ignored. I meticulously built my case, demonstrating that Onnoghen’s trials were not just about one man, but about the sanctity of the judicial process itself. It was persecution, not prosecution.
My vivid metaphor of the then CJN being “mob-lynched,” painted a grotesque picture of a judiciary cornered by hidoues forces intent on humiliation rather than achieving justice.
Justice Onnoghen’s acquittal by the Court of Appeal thus serves as a reaffirmation of judicial independence, reminding all branches of government that the rule of law cannot be compromised for political expediency. As the Bible says in Psalm 82:3, “Defend the weak and the fatherless; uphold the cause of the poor and the oppressed.” These words resonate deeply in the context of Onnoghen’s trial, encapsulating the judiciary’s duty to protect the innocent from unwarranted persecution and uphold the principles of justice.
POLITICAL UNDERTONES AND THE QUEST FOR JUDICIAL AUTONOMY
Justice Walter Onnoghen’s journey from indictment to acquittal reflects a deeper narrative about the political undertones that permeated his trial. His suspension by then President Muhammadu Buhari which took place only weeks before the 2019 presidential election, had raised significant concerns about the timing and motivations behind the charges. Many saw it as an attempt to influence the judiciary ahead of a critical election, a sentiment I shared and eloquently captured in “Onnoghen… knew that his fate had been pre-determined by the cabal, signed, sealed and delivered”- Prof. Mike Ozekhome, SAN (https://www.thecable.ng/ozekhome-onnoghen-resigned-because-the-cabal-had-sealed-his-fate/). (6th April, 2019)
The timing of the charges, as well as the swiftness with which Onnoghen was brought to trial, laid validation to public perception that Justice Onnoghen was merely targeted for his position and influence within the judiciary. Like I put it then, “Many facts bear this simple deduction out. The petitioner, an NGO, actually committed the Freudian slip by anchoring its petition on ‘bearing in mind the imminence of the 2019 general elections’” – Prof. Mike Ozekhome, SAN (https://dailytrust.com/ozekhome-charges-judiciary-to-shut-down-courts-over-onnoghen/). (13th January, 2019).
The Bible, in Proverbs 21:15, declares, “When justice is done, it brings joy to the righteous but terror to evildoers.” The acquittal of Justice Onnoghen, in this light, is therefore not just a personal victory but a broader triumph for all who value justice and integrity.
Like I noted then, “Justice Onnoghen’s removal was also an attempt by the executive arm of government to have a firm control of the nation’s judiciary”- Prof. Mike Ozekhome, SAN (https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/). (13th February, 2019).
CONCLUSION
Ultimately, Justice Walter Onnoghen’s acquittal is a landmark victory for judicial independence and a testament to the enduring principles of justice and due process. His journey from indictment to acquittal serves as a potent reminder that the rule of law must remain inviolable, even in the face of political pressures.
Onnoghen’s case will remain a watershed moment in Nigeria’s legal history, a vivid reminder that the judiciary’s role is to safeguard the rule of law, protect citizens’ rights and ensure that democracy even when faced with formidable forces of political influence, triumphs. It should be able to skillfully navigate through the ever present interplay of centripetal and centrifugal forces.
As Nigeria continues to evolve as a work-in-progress, Justice Onnoghen’s exoneration stands as a powerful reminder to us all that, in the words of Proverbs 21:3, “To do what is right and just is more acceptable to the Lord than sacrifice.” Congratulations, Milord. Enjoy your hard won-back integrity, honour and dignity.
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Opinion
Masquerade of Excellence: Celebrating Prof Mike Ozekhome’s Remarkable Journey @ 67
Published
1 month agoon
October 14, 2024By
EricBy CDS Omon-Irabor Esq
Chief Prof. Dr. Mike A.A. Ozekhome SAN,
the only masquerade that dances in the farm without cutting a single reed of the yam tendrils.
The Gadfly is climbing the 67th rung on the ladder. From the hills of Agenebode down to the plains of the Iviukwe, the celestials, the principalities and the gods of Weppa and Wano Kingdoms are celebrating this colossus, who came in disguise as a little rough village boy; but very comely and handsome, his divine intelligence surpasses those of his peers.
Taking a sudden flight through primary and secondary schools casaded him into the land of Oduduwa. He anchored his life voyage at the ancestral home of the Yorubas, Ile-ife. Here his projenitors believed to have a temporary abode before sending the last born of the Ogisos Ile-ife (I ran and I became rich, Benin translation). Omonoyan (wrongly called Oromiyan) was sent to go to the land of Igodomigodo where today Chief Mike Ozekhome holds the title of Enobakhare of Benin Kingdom.
This great man had all his trappings, equipped himself and became a lawyer, taking abode in the Delphic Oracle (that is what we called the Chambers of Chief Gani Fawehim). There he became the Aristostle, tampering with the Apologia left at the eye of euroba.
He journeyed on, for no destiny, no chance, no faith, nor circumstance could hinder, control or circumvent the firm resolve of a determined soul in Chief Mike Agbedor Abu Ozekhome as epitomised or postulated.
The great learned Senior Advocate of the masses grudges on, defending the most vulnerable and giving voice to the voiceless and muscle to the powerless.
The Okporokpo of Oleh kingdom, Delta State; the Aimotekpe of Okpeland, the Agbamofin of Ijanikinland, Lagos; the Ohamadike1 of Obibi Ochasi, Imo State; the Ada Idaha of Efik land and the great Akpakpa Vighi Vighi of Edo Land, the land of my ancestors, I salute you for it is morning yet.
There is no space here,for my ink is running dry; but before I drop, I remember your words to me while I was in the dock of the Warri High Court on the 12th day of July, 2013, “Omon, you look worried; mind you, those who think that they can cover the shinning sun with their palms will soon find the heat unbearable”.
Those who stopped you from becoming our Governor in 2003 indirectly made you Governor of all Governors.
In all these odyssey you traversed, behind the dìm unknown standeth God, watching over you, His own.
Obokhian, amonghon, iyare iyare, mooooooh.
CDS Omon-Irabor Esq writes from the hill and the cave of Ebudinland
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Opinion
Mr. President: Affordable Fuel is Possible at Zero Subsidy
Published
1 month agoon
October 12, 2024By
EricBy Dr. Aliyu U. Tilde
Yesterday evening, I listened attentively to a panel of experts and stakeholders on the BBC program Ra’ayi Riga, anchored by Umaima Sani Abdulmumin. The program ended with a big doubt in my mind regarding a matter purported to be a provision of OPEC and crucial to the price of petrol in Nigeria.
Tyranny
I could not fathom how particularly the representatives of NNPC and IPMAN stressed that Nigerians will be at the mercy of two variables: the international market and the price of the US Dollar in Nigeria. They said OPEC agreement compels member countries to sell allocated domestic crude at international rate even if refined locally. One of them even said the Iran-Israel conflict can cause domestic price of petrol in Nigeria to rise.
So we should expect higher fuel prices anytime the rate of the dollar appreciates in Nigeria and also when, for any reason, there is a rise in the cost of crude in the international market. It is the rule, according to them. Our fate, they claim, is sealed, regardless of our OPEC membership and Dangote refinery. Nigerians will no longer have a stable fuel price.
Trust me, in Nigeria, the equation will be simultaneous. At any given moment, a reason will be found to use either or both parameters to increase pump price. The target of government is to extract more revenue from citizens while the businessmen in Dangote, Major Marketers, NNPCL and IPMAN continue to feed their greed for endless profit with our blood.
One would wonder why OPEC would be so oppressive in inflicting such tyranny on the citizens of its members. Senator Ndume, who was in the panel, said if he cannot understand why, how would they expect a commoner sitting under the tree to do so?
The truth
The truth is that there is no provision like that in OPEC agreements. In fact, the very idea of domestic crude quota arose in realization that citizens of member countries may need to enjoy cheaper oil than the international market price. That is why those citizens have been enjoying cheaper fuel for the past five decades in different countries. Many still do. Why not Nigerians?
If you ask ChatGPT whether OPEC agreement compels member countries to sell crude for domestic consumption at international market price only, this is the answer you get:
“OPEC (Organization of the Petroleum Exporting Countries) does not directly compel member countries to sell crude oil for domestic consumption at international market prices. OPEC’s primary role is to coordinate and unify petroleum policies among member countries to stabilize oil markets and secure a steady supply of oil.
“However, OPEC’s production quotas, agreements on output levels, and policies can indirectly influence domestic oil pricing. In practice, many OPEC members choose to sell crude oil domestically at subsidized rates or prices lower than the international market. This decision is made at the discretion of individual member countries, often as part of national energy policies aimed at supporting domestic economies and industries. Nonetheless, these policies may vary from one member country to another depending on domestic priorities and economic strategies.
“There is no formal OPEC rule that requires domestic sales to match international prices, though it can be influenced by international agreements and market pressures.”
The Truth
The truth is that the President and Minister of Petroleum can sell our 445,000 barrels a day to Dangote at even N50,000/barrel after taking into consideration the cost of extraction and OPEC will not raise any eyebrow. Dangote can charge the cost of refining, add his profit and sell to NNPCL and IPMAN at, say, N300/litre. On their part the marketers will add their cost of transportation, storage, profit, etc., and sell it to Nigerians at N400/litre. And—boom—we all will be happy.
It is entirely the discretion of the President and his government. So whoever wants to sell our locally produced fuel by that simultaneous equation is on his own. There is no OPEC in the equation.
The Squeeze
Also, among those who would fight against Nigerians enjoying affordable fuel rates are the IMF, World Bank and the West generally. They want the government to squeeze us the more such that we can service our debts and collect more loans from the Shylock. The age long philosophy is: our poverty, their wealth; our pain, their joy.
Added to these are local liberal economists who believe in high taxation, claiming that the blood money will be used to develop our infrastructure, health, education, etc. It is just the same old bunkum selling since 1986 at the debut of Naira devaluation while our infrastructure, hospitals and schools continue to deteriorate in rebuttal of that thesis.
A Call
I call on the President to consider the low income status of our citizen. Only affordable fuel price will hold together our social fabric, ensure our prosperity and guarantee our security. It is zero subsidy because we are not buying it from anyone. It is our oil.
The President must keep in mind that the IMF and oil magnates are not his partners in 2027. He is on his own. They will be there to outlive him and work with the next President. Let this sink into his psyche. Tam!
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