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Pendulum: Shagari, Dangote, Otedola and Too Many Matters

Published

5 years ago

December 29, 2018

Eric

By Dele Momodu

Fellow Nigerians, this is one of those weeks when what you never planned decides to jam what you already planned. I had planned to write on my encounter with one of the youngest Presidential aspirants, Fela Durotoye, who visited me at home recently with his very creative wife, Tara. We spent some quality time together and I’m sure we were all able to gain better insight about the Nigerian political vista from that encounter. I had cause to speak to Fela again after I got wind of some situations affecting his campaign. I was able to give him some more tips on how to forge ahead with his campaign and not get disillusioned. We’ve come a long way together as Ife boys, though much younger than me, but he’s always felt totally at home with me on anything concerning him and his wife. He calls his wife my baby and she’s playing a very pivotal role in this campaign. It is through her that I’m able to track and measure Fela’s progress.

Anyway, as I sat down to write yesterday in the tranquil city of Accra, Ghana, I received an incredible “breaking news” from a friend. “Aliko Dangote and Femi Otedola have been named as prominent members of the Buhari Presidential campaign team”, he shouted. WHAT, I exclaimed. This drama is getting too much and too hot to handle, I mused. Nigeria’s ruling party, APC, released a comprehensive list of its political campaign team and the news was designed to send shivers down the spines of opposition parties. I was not very surprised at their idea of muscle-flexing. This is the season when every political party needs to show its influence and advertise its powerful supporters as a way of intimidating its opponents. My shock came from the mention of two of Nigeria’s biggest brands and very popular entrepreneurs. There is nothing new about businessmen going into politics. But I’m not sure if Aliko Dangote and Femi Otedola are members of APC, and at what point they joined the party. Indeed, I seriously doubt it.

What was more, I was worried about the possibility of these two men with immense exposure to international commerce becoming politically exposed and endangered men instantly. It has not been possible, as at the time of writing this, to ascertain that they were contacted prior to the announcement and if they actually accepted to serve in whatever capacity as Buhari’s campaigners. My personal opinion is that APC should have spared these men the agony and anguish of being dragged into Nigeria’s political brouhaha with attendant risks of a heavy backlash and collateral damages. If they both are friends and financial supporters of President Buhari, their privacy should have been protected and preserved, unless of course they volunteered their services. What the APC did yesterday was to play its biggest card so early and too soon. My opinion is that it is absolutely unnecessary and that even if these men accepted the offer under veiled threats or real coercion, it still won’t wish away or wash off the concomitant embarrassment and public odium. No government should treat its precious assets in this manner. There is no doubt that businessmen can be mentioned as donors and contributors to political campaigns. This happens all over the world and indeed, these businessmen also sometimes write in support of those parties. What shouldn’t happen, if they are not members of a political party, is to coral or railroad them into that party’s campaign team simply because that party is the ruling party!

These are not normal times. The political situation in Nigeria has been too tense. I was still ruminating over how to respond to this Aliko/Otedola controversy when I received another bombshell, that Nigeria’s President in the Second Republic, Alhaji Shehu Usman Aliyu Shagari has just passed on to the great beyond. Once confirmed, I quickly tweeted a condolence message to his family. I was 19 years old when he became President on the platform of the National Party of Nigeria. I was an undergraduate student at the University of Ife in 1979 and was old enough to follow the chaotic fallout from that election which turned out to be a major contest between Shagari and the famous political sage and erudite lawyer, Chief Obafemi Awolowo. I will never forget the court case that ensued about the legal interpretation of the mathematical calculation of what constitutes the two thirds of all the States of the Federation at the time. According to the results of that monumental election released by the Federal Electoral Commission, popularly known then as FEDECO, Shagari had garnered 5,688,857 votes nationally while Awolowo scored 4,916,651 votes. The argument ensued that Shagari had not met the technically complicated Constitutional requirement of needing to have 25% of the votes cast in at least two-thirds of all the 19 States. Although he did not contest the total figures, but rather relied on technicality, Awolowo vehemently rejected the victory purportedly recorded by Shagari and prayed the courts to jettison the decision of the Election Tribunal that had given victory to Shagari.

The case which went all the way to the Supreme Court would go down as one of the most tempestuous cases in the entire legal history of Nigeria. The biggest mathematical problem arose when Chief Awolowo insisted that a State was single entity which could not be factionalised and as such, Shagari needed to have won the mandatory 25% in 13 States and not in the fabricated twelve and two-third States as rigorously argued by Shagari’s lawyer, Chief Richard Osuolale Akinjide (SAN) who eventually won the case on September 26, 1979. At the Supreme Court, the case was presided over by Justice Atanda Fatai-Williams who was flanked by Justices Irikefe, Bello, Idigbe, Obaseki, Uwais and Esho.

Days later, Shagari was promptly sworn in, but the controversy raged on, almost endlessly and still does amongst academics to this day. Shagari thus became Nigeria’s first Executive President. Four years on, Shagari’s government was already enmeshed in reckless profligacy and humongous resources were frittered away. The climax came for that government in 1983 when Shagari and his magicians, supported by the then Inspector General of Police, Sunday Adewusi, won elections in even impossible places in what was termed “land slide” and “moon slide.” All complaints were ignored, and it seemed the politicians could really not be bothered. The consequences of their folly in believing they were invincible manifested itself about three months later when the military struck in a coup d’etat on December 31, 1983, and Muhammadu Buhari was soon announced as the new Head of State.

Buhari’s government wasted no time in ordering the arrests of virtually all key actors in politics. His detractors claimed that he was more benevolent to the Northern politicians, in the punishments meted to these politicians and that those from the southern parts of the country suffered the most. Whatever, the truth and motives may be, Buhari and his able lieutenant, Tunde Idiagbon, declared a massive war against corruption and indiscipline. Shagari was kept under house arrest while his deputy, Vice President Alex Ekwueme, who died earlier this year was hauled into Kirikiri Maximum Prison without any cogent justification. A very audacious attempt was made to cargo Umaru Dikko, one of the most powerful Shagari Ministers back to Nigeria from London in a coffin but Dikko was lucky as an alarm went out before he could be air-lifted.

It is a strange coincidence that Shagari was toppled at the tail end of December 1983 and he died yesterday towards the tail end of December 2018. Interestingly, President Buhari flagged off his re-election campaign in Uyo, Akwa Ibom, yesterday. It would be interesting to read what Buhari would have to say about a man he once overthrew in a military coup.

There was other news that broke yesterday. A picture came from the Presidential villa, in Abuja, that President Buhari has finally endorsed his Party’s Governorship candidate. I watched as the President and former Governor of Ogun State, Chief Olusegun Osoba, raised up the hands of oil baron, Dapo Abiodun, the candidate officially recognised by APC in a show of recognition of this noble, illustrious and industrious candidate. For the records, the incumbent Governor of Ogun State, Senator Ibikunle Amosun, had strongly asserted that he would not recognise Dapo Abiodun as he won through a kangaroo arrangement with highly placed party apparatchik. Indeed, prior to this event, Amosun had tried hard to sell his anointed candidate, Abiodun Akinlade, who is now running on the platform of another party. As if this was not bizarre enough, another photograph flew in from the direction of Akwa Ibom where the President started his campaign and sat next to Governor Amosun on the Presidential jet back to Abuja. It appeared like a power show between the various camps of Amosun, Adams Oshiomhole, Tinubu and Abiodun, the quartet that are embroiled in this war of attrition between old friends. It is not known how substantial Chief Osoba’s role has been in this dizzying saga. But Ogun State seems to be setting new records in political conundrum.

STOP PRESS

Just as I was about reaching the end of this week’s article, another news flew in on Dangote. Femi Adesina, the Special Adviser issued what is obviously a disclaimer on the appearance of Aliko Dangote on the Presidential Campaign Council. According to Adesina:

“It has become imperative to further clarify the status of Alhaji Aliko Dangote, named under the sub-head ADVISORY MEMBERS in the All Progressives Congress (APC) Presidential Campaign Council announced on Friday, December 28, 2018.

Africa’s richest man, not being a card-carrying member of APC, cannot, and is not member of the PCC. He is also a member of the Peace Committee, and thus cannot be in a partisan campaign council.”

Adesina was silent on the fate of Aliko’s friend, Femi Otedola. The APC government needs to do more homework before publishing names anyhow. This type of expensive joke could have been avoided if they were not in a hurry to name-drop those names that were published yesterday. This was a massive own goal which could have reverberations and repercussions not just on the political scene, but in local and international business circles. There were reports that many of those names included in the list heard about their roles on social media. I think it is grossly unfair and totally unfortunate to drag people’s hard-earned reputation in the mud in order to score political points.

I do not envy some of the people mentioned. But at least, most of them are politicians and it may be being on the campaign team will help resurrect some dying and dead political careers! What this team will do to the fortunes of the APC is another matter.

As always, time will tell!

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You’re Non-Existent, Fubara Tells Amaewhule-led Rivers Assembly

Published

21 hours ago

May 7, 2024

Eric

Rivers State Governor, Similaya Fubara, has taken a swipe at the Martin Amaewhule-led group of lawmakers at the state House of Assembly and declared that they do not exist anymore in the eyes of the law.

“Let me say it here, those groups of men who claim that they are assembly members, they do not exist. I want it to be on the record,” Fubara declared

The governor stated this when he received on courtesy visit the Bayelsa State delegation of political and traditional leaders, led by former Governor of the State, Senator Seriake Dickson, at Government House in Port Harcourt on Monday.

Fubara and 26 members of the assembly loyal to former governor, Nyesom Wike, have been at loggerheads after the move to impeach the governor was thwarted.

He told the delegation that he has been showing restraint since the political crisis escalated in the state.

The governor further stated that despite wielding state powers that he can deploy to achieve his aim, he has continued to act as the big brother in the face of intimidation and unwarranted attacks.

“So, I want you to see the sacrifice I have made to allow peace to be in our state. I can say here, with all amount of boldness, I have never called any policeman anywhere to go and harass anybody.

“I have never gone anywhere to ask anybody to do anything against anybody. But what happens to the people that are supporting me? They are being harassed, they are being arrested and detained.

“There is no week that somebody doesn’t come here with one letter of invitation for trump-up charges and all those things,” he said.

The governor added, “I am saying all these because of what my senior said here. I don’t think the other party has shown any restraint. I am the one who has shown restraint in the face of this crisis.

“I am the one that is badly hit, even when I have all the government instruments to shake up the table. But, why will I do it? I believe that peace is the best relationship to cultivate.”

He revealed that he had always been present at any meeting that was called to resolve the crisis in the state but after each meeting, he was met with a new dimension of the crisis from the opposing side.

He, however, vowed to continue to be peaceful, acknowledging that power is transient.

“We might have our division, but I believe that one day, we could also come together, but it has gotten to a time when I have to make a statement that they are not existing. Their existence is me allowing them to exist. If I de-recognize them, they are nowhere. I want you to see the sacrifice I have made in allowing peace to reign in our state,” he concluded.

The Punch

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Yahaya Bello vs EFCC: The Tussle Continues

Published

2 days ago

May 5, 2024

Eric

By Eric Elezuo

With the declaration of the Apppeal Court, sitting in Abuja over the weekend, ordering a stay of proceedings in the contempt charge instituted by Yahaya Bello, former Kogi governor, against Ola Olukoyede, chairman of the Economic and Financial Crimes Commission (EFCC), the stage seems set for an elongation of legal fireworks between the two feuding entities.

The declaration was a follow-up of Bello, who approached the Kogi High Court, seeking an order to issue and serve the respondent (EFCC chairman) with “form 49 notice” to show cause why an order of committal should not be made on him.

The judge, after listening to the arguments of the applicant’s counsel, the submission and the exhibits attached in the written address, granted Bello’s prayers and ordered Olukoyede to be summoned to appear before the court to answer the contempt charge.

However, while it is believed that the crisis of apprehending the former governor for prosecution is an institutional matter, many on the other hand, has accused the EFCC chairman of attaching a lot of personal interest in the matter going by the way he is fighting tooth and nail to see Bello in custody.

In a chat with editors at the EFCC Headquarters, Jabi, Abuja, the anti-graft agency chairman swore to follow the prosecution of Bello to the logical conclusion.

He also vowed that all those who obstructed the arrest of the former governor would be brought to justice.

The EFCC is seeking to arraign Bello on 19 counts bordering on alleged money laundering, breach of trust and misappropriation of funds to the tune of N80.2 billion.

“If I do not personally oversee the completion of the investigation regarding Yahaya Bello, I will tender my resignation as the EFCC Chairman,” Mr Olukoyede had vowed, adding that those who obstructed the arrest of the former governor would be brought to book. This was a veiled accusation against the governor of Kogi State, Usman Ododo, who used security agents to forestall the arrest of Bello in Abuja.

Olukoyede had also accused Bello of paying his children’s school fees upfront with funds from the atatae coffers.

“A sitting governor moved $720,000 directly from the government account to the Bureau de Change and used it to pay for the school fees of his child in advance in a poor state like Kogi, and you want me close my eyes under the guise that I’m being used. Use by who? At this stage of my life? By who for crying out loud?

“I didn’t initiate the case, I inherited the case file,” he retorted.

The EFCC had sought to arrest Yahaya Bello following his absence from court, and an order by Justice Emeka Nwite of the Federal High Court in Abuja after his absence in court.

He was absent from court for his arraignment on a 19-count charge of alleged money laundering to the tune of ₦80bn.

The judge relied on sections 384(4) and (5) of the Administrative and Criminal Justice Act 2015, directing the counsel to the immediate past governor to receive a copy of the charge.

The court held that where it had become impossible to effect personal service of a legal process on a defendant, such could be done through substituted means.

Justice Nwite further held that it was clear that the former governor failed to appear in court for his arraignment.

Notable minds including veteran journalist, Dele Momodu; human advocate and constitutional lawyer, Mike Ozekhome among others have said that the brazen nature with which Olukoyede is going about the matter smacks of personal vendetta, noting that now that the court of appeal has ordered a stay of execution of the contempt of court charges against Olukoyede, everyone must maintain status quotes, and allow Bello to respond to court summon, as the case is now between him and the court of Justice Nwite.

On his part, Momodu has lashed out at the EFCC for selective prosecution, wondering if Olukoyede has any personal stake in the matter, adding that generally the EFCC misfired in the Bello saga.

He said in part, during his Instagram live show:

“I don’t work for EFCC but from all the things that I have read, a lot of them, they misfired. That is the honest truth. They misfired. They didn’t do their due diligence. When you said a man took out money and paid for his children’s school fees, just as he was about to leave power, and you go and check the documents and you see that these things started happening from 2021, 2022 (laughs); I am not an illiterate.

“How do you expect me to believe everything they said when they were too much in a hurry to prosecute him that they did not take their time to check the file. Once you allow a lacuna in law, everything will fall flat.

“That is it. I am not one of those people who will say because I don’t like APC and because I supported Dino Melaye in the last election in Kogi State. Dino is my guy. But, I will not because of that be blinded by hatred for Yahaya Bello and say yes, he should go and surrender himself to EFCC when there is an existing injunction.

“And he is not the only governor who went to court and if the court has granted him that, so be it. We all know that our judiciary is not so perfect but you know, even at that, law is law, it must be obeyed. If we disobey the rule of law, then, we will have to obey the rule of the jungle. So, I never said that they are lying, it is their own statement that shows that they didn’t do their due diligence.”

TheCable, in its report, recalled that “a Kogi State high court presided over by Isa Jamil Abdullahi, had ordered Olukoyede to appear before it on May 13 to show why he should not be committed to prison for allegedly disobeying its order restraining the EFCC from arresting or taking any action against Bello.

“However, the EFCC chairman filed an appeal against the court summon.

“Olukoyede filed two motions, one seeking a stay of execution of the summon, and another one asking to serve processes on Bello via substituted means by pasting the process at his Abuja residence on No 9 Bengazi Steet Wuse Zone 4.

“In its ruling, a three-member panel of justices led by Joseph Oyewole granted the two motions.

“The appellate court fixed May 20 for the hearing of the substantive appeal marked CA/ABJ/CV/413/2024.

“Bello had on February 8, 2024, instituted a fundamental rights enforcement suit, asking the court to declare that “the incessant harassment, threats of arrest and detention, negative press releases, malicious prosecution” by the EFCC, “without any formal invitation, is politically motivated and interference with his right to liberty, freedom of movement, and fair hearing”.

“The former governor also sought an order “restraining the respondent by themselves, their agents, servants or privies from continuing to harass, threaten to arrest or detain him”.

“On February 9, the Kogi high court granted an interim injunction restraining the EFCC from “continuing to harass, threaten to arrest, detain, prosecute Bello, his former appointees, and his staff or family members, pending the hearing and determination of the substantive originating motion for the enforcement of his fundamental rights”.

On March 12, the EFCC filed an appeal against the interim injunction because the court could not stop the commission from carrying out its statutory responsibility.

The Kogi high court delivered judgment on the substantive motion on notice on April 17 wherein the presiding judge granted an order restraining the EFCC “from continuing to harass, threaten to arrest or detain Bello”.

However, the judge directed the commission to file a charge against Bello before an appropriate court if it had reasons to do so.

The judgment coincided with the recent “siege” laid on the Abuja residence of Bello by EFCC operatives seeking to arrest him.

The commission had also obtained a warrant of arrest against the former governor from the federal high court in Abuja.

The EFCC is seeking to arraign Bello on 19 counts bordering on alleged money laundering, breach of trust and misappropriation of funds to the tune of N80.2 billion.

At the scheduled arraignment on April 18, Bello was absent.

At the court session, Abdulwahab Mohammed, counsel to Bello, told Emeka Nwite, the presiding judge, that the court lacked jurisdiction to grant the warrant of arrest in the first instance.

He referenced the February 9 interim injunction issued by the Kogi high court, adding that the appeal filed by the EFCC was still pending.

However, the EFCC has filed a notice to withdraw the appeal.

In the notice filed on April 22, the anti-graft agency said the withdrawal was predicated on the fact that events have overtaken the appeal.

The commission also admitted that the appeal was filed out of the time allowed by law.

With the present status, legal minds are of the opinion that matters have returned to status quo, and Justice Emeka Nwite, reserved the right to order Bello’s appearance in court, and await his appearance before any other injunction can be made.

“For now, it is not about who won or who did not. The matters of the case rest with the invitation of Bello by Justice Nwite. Bello was absent during his first summon, and the case was adjourned. So, everyone has to keep the calm and wait for the next hearing and see if he appears or not as directly by his lordship,” Ozekhome noted.

As it is therefore, May 20 will be a deciding factor for both Bello and EFCC as the tussle for who laughs last continues.

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A’IBOM GOVT PARTNERS FHA ON AFFORDABLE HOUSING

Published

3 days ago

May 4, 2024

Admin

.. donates 50 hectares of land for project take-off

Akwa Ibom State Government and the Federal Housing Authority ( FHA) have sealed a new partnership on the Diaspora Home Project, an affordable housing scheme of the President Tinubu Renewed Hope Agenda, with flexible payment programme, for public servants resident in the State.

The partnership was reached as the State Governor, Pastor Umo Eno, announced a fifty hectares of land donation and any other required state government support, as counterpart facilitation for the federal government housing project during a courtesy visit by a delegation from FHA led by its MD/CEO, Hon. Oyetunde Ojo, at Government House, Uyo.

In his words, “I want to assure you sir that we will work together. We have already allocated a piece of land and the Commissioner for Lands will make it available to you.

“Talking about the economic benefits such as creating employment, and all the other areas that you have talked about, we will give you all the necessary support for the benefit of our people,” he said.

Commending the all-inclusive leadership style of President Bola Ahmed Tinubu, Governor Eno lauded the FHA helmsman for taking steps to collaborate and ensure synergy between the federal agency and governments of the respective states proposed for the project.

This, he said, was similar to the Akwa Ibom approach, where the government does not embark on any project without engaging the stakeholders to know the actual community needs per time, expressing hope that other federal agencies, like the NDDC, would take a cue from the disposition of the FHA.

He reiterated his commitment to supporting and collaboratively working with the President Tinubu-led federal government for the general good of the people, irrespective of their different political affiliations.

“We want to make our people happy and I think that is why God sent us here. We can show to our people that our brother is up there and is helping to bring things back home and I thank Mr. President for being a father to all.

“For us in Akwa Ibom, we will work with him because he is doing his very best. I don’t have to be in APC to support him. So I make it very clear, I am a member of the PDP, but I will support Mr. President always,” Governor Eno affirmed.

In his earlier presentation, Hon. Oyetunde Ojo, said housing was a critical component of the Renewed Hope Agenda of the President Bola Ahmed Tinubu-led government and thanked the Akwa Ibom State Governor for readily supporting FHA’s Diaspora City project with land donation which, he stressed, was a priority requirement for the project.

According to him, besides coming to solicit for land, the FHA under his watch will be willing to collaborate with the state government in the areas of design, the actual building and ensuring off-takers for houses, while assuring of optimal and judicious utilisation of the allocated land.