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Musings on 2023 by Kingsley Moghalu

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The most important criteria for anyone to be President of Nigeria in 2023 is VISION and CAPACITY (competence).

Nigeria also has challenges of nationhood, justice and equity. Aso Rock has been rotated since 1999. What is good for the goose is good for the gander. The key is to put competence first, and then look for it in a part of the country that has not been given the opportunity that has been given others.

That’s how #ToBuildaNation that is inclusive. Idealism + Realism = Progress.

When I ran for president for 2019 I was very well received around the country — in the north, the west, the east and the south. I did not run on the basis of my ethnic identity but rather that of a pan-Nigerian vision that put Nigerians first before their ethnic or religious provenance. But many of those same compatriots also said to me: “We like you. You are sound and solution-oriented. But it’s still the turn of the North. In 2023 it will be that of the East, and if you come out then, you have my vote”.

As 2023 looms, I’ve been thinking and consulting across the board, young and old, men and women. I will make my decision known when it’s final. And it won’t be 12 months to the election. Lessons learned.

Nigeria needs a modern leader for the 21st century. Someone New. Different. Bold.

#ParadigmShift . We can’t continue with the worship of the gods of small things while serious countries with serious leaders are making progress based on vision, intellect, ideas, and focus. All Nigerians are God’s children too. We deserve our place in the global sun.

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Opinion

January 15 1966: A Morning of Murder, Mayhem and Carnage

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By Chief Femi Fani-Kayode

In the early hours of the morning of January 15th 1966 a coup d’etat took place in Nigeria which resulted in the murder of a number of leading political figures and senior army officers.

This was the first coup in the history of our country and 98 per cent of the officers that planned and led it were from a particular ethnic nationality in the country.

According to Max Siollun, a notable and respected historian whose primary source of information was the Police report compiled by the Police’s Special Branch after the failure of the coup, during the course of the investigation and after the mutineers had been arrested and detained, names of the leaders of the mutiny were as follows:

Major Emmanuel Arinze Ifeajuna,

Major Chukwuemeka Kaduna Nzeogwu,

Major Chris Anuforo,

Major Tim Onwutuegwu,

Major Chudi Sokei,

Major Adewale Ademoyega,

Major Don Okafor,

Major John Obieno,

Captain Ben Gbuli,

Captain Emmanuel Nwobosi,

Captain Chukwuka,

and Lt. Oguchi.

It is important to point out that I saw the Special Branch report myself and I can confirm Siollun’s findings.

These were indeed the names of ALL the leaders of the January 15th 1966 mutiny and all other lists are FAKE.

The names of those that they murdered in cold blood or abducted were as follows.

Sir Abubakar Tafawa Balewa, the Prime Minister of Nigeria (murdered),

Sir Ahmadu Bello, the Sardauna of Sokoto and the Premier of the Old Northern Region (murdered),

Sir Kashim Ibrahim, the Shettima of Borno and the Governor of the Old Northern Region (abducted),

Chief Samuel Ladoke Akintola, the Aare Ana Kakanfo of Yorubaland and the Premier of the Old Western Region (murdered),

Chief Remilekun Adetokunboh Fani-Kayode Q.C., the Balogun of Ife, the Deputy Premier of the Old Western Region and my beloved father (abducted),

Chief Festus Samuel Okotie-Eboh, the Oguwa of the Itsekiris and the Minister of Finance of Nigeria (murdered),

Brigadier Samuel Adesujo Ademulegun, Commander of the 1st Brigade, Nigerian Army (murdered),

Brigadier Zakariya Maimalari, Commander of the 2nd Brigade, Nigerian Army (murdered),

Colonel James Pam (murdered),

Colonel Ralph Sodeinde (murdered),

Colonel Arthur Unegbe (murdered),

Colonel Kur Mohammed (murdered),

Lt. Colonel Abogo Largema (murdered),

Alhaja Hafsatu Bello, the wife of the Sardauna of Sokoto (murdered),

Alhaji Zarumi, traditional bodyguard of the Sardauna of Sokoto (murdered),

Mrs. Lateefat Ademulegun, the wife of Brigadier Ademulegun who was 8 months pregnant at the time (murdered),

Ahmed B. Musa (murdered),

Ahmed Pategi (murdered),

Sgt. Daramola Oyegoke (murdered),

Police Constable Yohana Garkawa (murdered),

Police Constable Musa Nimzo (murdered),

Police Constable Akpan Anduka (murdered),

Police Constable Hagai Lai (murdered), and Police Constable Philip Lewande (murdered).

In order to reflect the callousness of the mutineers permit me to share under what circumstances some of their victims were murdered and abducted.

Sir Abubakar Tafawa Balewa was abducted from his home, beaten, mocked, tortured, forced to drink alcohol, humiliated and murdered after which his body was dumped in a bush along the Lagos-Abeokuta road.

Sir Ahmadu Bello was killed in the sanctity of his own home with his wife Hafsatu and his loyal security assistant Zurumi.

Zurumi drew his sword to defend his principal whilst Hafsatu threw her body over her dear husband in an attempt to protect him from the bullets.

Chief S. L. Akintola was gunned down as he stepped out of his house in the presence of his family and Chief Festus Okotie-Eboh was beaten, brutalised, abducted from his home, maimed and murdered and his body was dumped in a bush.

Brigadier Zakariya Maimalari had held a cocktail party in his home the evening before which was attended by some of the young officers that went back to his house early the following morning and murdered him.

Brigadier Samuel Ademulegun was shot to death at home, in his bedroom and in his matrimonial bed along with his eight-month pregnant wife Lateefat.

Colonel Shodeinde was murdered in Ikoyi hotel whilst Col. Pam was abducted from his home and murdered in a bush.

Most of the individuals that were killed that morning were subjected to a degree of humiliation, shame and torture that was so horrendous that I am constrained to decline from sharing them in this contribution.

The mutineers came to our home as well which at that time was the official residence of the Deputy Premier of the Old Western Region and which remains there till today.

After storming our house and almost killing my brother, sister and me, they beat, brutalised and abducted my father Chief Remi Fani-Kayode.

What I witnessed that morning was traumatic and devastating and, of course, what the entire nation witnessed was horrific.

It was a morning of carnage, barbarity and terror.

Those events set in motion a cycle of carnage which changed our entire history and the consequences remain with us till this day.

It was a sad and terrible morning and one of blood and slaughter.

My recollection of the events in our home is as follows.

At around 2.00 a.m. my mother, Mrs. Adia Aduni Fani-Kayode, came into the bedroom which I shared with my older brother, Rotimi and my younger sister Toyin. I was six years old at the time.

The lights had been cut off by the mutineers so we were in complete darkness and all we could see and hear were the headlights from three or four large and heavy trucks with big loud engines.

The official residence of the Deputy Premier had a very long drive so it took the vehicles a while to reach us.

We saw four sets of headlights and heard the engines of four lorries drive up the drive-way.

The occupants of the lorries, who were uniformed men who carried torches, positioned themselves and prepared to storm our home whilst calling my fathers name and ordering him to come out.

My father courageously went out to meet them after he had called us together, prayed for us and explained to us that since it was him they wanted he must go out there.

He explained that he would rather go out to meet them and, if necessary, meet his death than let them come into the house to shoot or harm us all.

The minute he stepped out they brutalised him. I witnessed this. They beat him, tied him up and threw him into one of the lorries.

The first thing they said to him as he stepped out was “where are your thugs now Fani-Power?”

My father’s response was typical of him, sharp and to the point. He said, “I don’t have thugs, only gentlemen.”

I think this annoyed them and made them brutalise him even more. They tied him up, threw him in the back of the lorry and then stormed the house.

When they got into the house they ransacked every nook and cranny, shooting into the ceiling and wardrobes.

They were very brutal and frightful and we were terrified.

My mother was screaming and crying from the balcony because all she could do was focus on her husband who was in the back of the truck downstairs. There is little doubt that she loved him more than life itself.

“Don’t kill him, don’t kill him!!” she kept screaming at them. I can still visualise this and hear her voice pleading, screaming and crying.

I didn’t know where my brother or sister were at this point because the house was in total chaos.

I was just six years old and I was standing there in the middle of the passage upstairs in the house by my parents bedroom, surrounded by uniformed men who were ransacking the whole place and terrorising my family.

Then out of the blue something extraordinary happened. All of a sudden one of the soldiers came up to me, put his hand on my head and said: “don’t worry, we won’t kill your father, stop crying.”

He said this to me three times. After he said it the third time I looked in his eyes and I stopped crying.

This was because he gave me hope and he spoke with kindness and compassion. At that point all the fear and trepidation left me.

With new-found confidence I went rushing to my mother who was still screaming on the balcony and told her to stop crying because the soldier had promised that they would not kill my father and that everything would be okay.

I held on to the words of that soldier and that morning, despite all that was going on around me, I never cried again.

Four years ago when he was still alive I made contact with and spoke to Captain Nwobosi, the mutineer who led the team to our house and that led the Ibadan operation that night about these events.

He confirmed my recollection of what happened in our house saying that he remembered listening to my mother screaming and watching me cry.

He claimed that he was the officer that had comforted me and assured me that my father would not be killed.

I have no way of confirming if it was really him but I have no reason to doubt his words.

He later asked me to write the foreword of his book which sadly he never launched or released because he passed away a few months later.

The mutineers took my father away and as the lorry drove off my mother kept on wailing and crying and so was everyone else in the house except for me.

From there they went to the home of Chief S.L. Akintola a great statesman and nationalist and a very dear uncle of mine.

My mother had phoned Akintola to inform him of what had happened in our home.

She was sceaming down the phone asking where her husband had been taken and by this time she was quite hysterical.

Chief Akintola tried to calm her down assuring her that all would be well.

When they got to Akintola’s house he already knew that they were coming and he was prepared for them.

Instead of coming out to meet them, he had stationed some of his policemen inside the house and they started shooting.

A gun battle ensued and consequently the mutineers were delayed by at least one hour.

According to the Special Branch reports and the official statements of the mutineers that survived that night and that were involved in the operation their plan had been to pick up my father and Chief Akintola from their homes in Ibadan, take them to Lagos, gather them together with the other political leaders that had been abducted and then execute them all together.

The difficulty they had was that Akintola resisted them and he and his policemen ended up wounding two of the soldiers that came to his home.

One of the soldiers, whose name was apparently James, had his fingers blown off and the other had his ear blown off.

After some time Akintola’s ammunition ran out and the shooting stopped.

His policemen stood down and they surrendered. He came out waving a white handkerchief and the minute he stepped out they just slaughtered him.

My father witnessed Akintola’s cold-blooded murder in utter shock, disbelief and horror because he was tied up in the back of the lorry from where he could see everything that transpired.

The soldiers were apparently enraged by the fact that two of their men had been wounded and that Akintola resisted and delayed them.

After they killed him they moved on to Lagos with my father.

When they got there they drove to the Officer’s Mess at Dodan Barracks in Ikoyi where they tied him up, sat him on the floor of a room, and placed him under close arrest by surrounding him with six very hostile and abusive soldiers.

Thankfully about two hours later he was rescued, after a dramatic gun battle, by loyalist troops led by one Lt. Tokida who stormed the room with his men and who was under the command of Captain Paul Tarfa (as he then was).

They had been ordered to free my father by Lt. Col. Yakubu Gowon who was still in control of the majority of troops in Dodan Barracks and who remained loyal to the Federal Government.

Bullets flew everywhere in the room during the gunfight that ensued whilst my father was tied up in the middle of the floor with no cover. All that yet not one bullet touched him!

This was clearly the Finger of God and once again divine providence as under normal circumstances few could have escaped or survived such an encounter without being killed either by direct fire or a stray bullet. For this I give God the glory.

Meanwhile, three of the soldiers that had tied my father up and placed him under guard in that room were killed right before his eyes and two of Takoda’s troops that stormed the room to save him lost their lives in the encounter.

At this point permit me to mention the fact that outside of my father, providence also smiled favourably upon and delivered Sir Kashim Ibrahim, the Shettima of Borno and the Governor of the Old Northern Region from death that morning.

He was abducted from his home in Kaduna by the mutineers but was later rescued by loyalist troops.

When the mutineers took my father away everyone in our home thought he had been killed.

The next morning a handful of policemen came and took us to the house of my mother’s first cousin, Justice Atanda Fatai-Williams, who was a judge of the Western Region at the time. He later became the Chief Justice of Nigeria.

From there we were taken to the home of Justice Adenekan Ademola, another High Court judge at the time, who was a very close friend of my father and who later became a Judge of the Court of Appeal.

At this point the whole country had been thrown into confusion and no one knew what was going on.

We heard lots of stories and did not know what to make of what anymore. There was chaos and confusion and the entire nation was gripped by fear.

Two days later my father finally called us on the telephone and he told us that he was okay.

When we heard his voice, I kept telling my mother “I told you, I told you.”

Justice Ademola and his dear wife who was my mother’s best friend, a Ghanian lady by the name of Aunty Frances, were weeping witgh joy.

My mother was also weeping as were my brother and sister and I just kept rejoicing because I knew that he would not be killed and I had told them all.

I believe that whoever that soldier was that promised me that my father would not be killed was used by God to convey a message to me that morning even in the midst of the mayhem and fear. I believe that God spoke through him that night.

Whoever he was the man spoke with confidence and authority and this constrains me to believe that he was a commissioned officer or a man in authority.

These mutineers who carried out this mutiny and coup were not alone: they got some backing from elements in the political class who identified with them.

Some have said that it was an Igbo coup whilst others have said that it was an UPGA (referring to the political alliance between the Action Group and the NCNC) coup but that is a story for another day.

Whatever anyone calls it or believes two things are clear: the consequences of the action that those young officers took that night were far-reaching and the way and manner in which they killed their victims was deplorable and barbaric.

Such savagery had never been witnessed in our shores. There has never been another night like that and the results of that night have been devastating and profound.

In my view not enough Nigerians appreciate this fact.

Some in our country cannot forgive those who participated in the mutiny and though I do not share that sentiment or disposition this is understandable.

Others believe that those young men (they were all in their 20’s) did the right thing and claim that those killings were necessary and heroic.

This is a sentiment which I not only despise but which I also find unacceptable and appalling.

There is nothing heroic about rebellion and the cold blooded murder of innocent and defenceless men and women.

The coup affected the country in an equally profound manner because the events of that night led to a counter-coup six months later. It was a devastating and disproportionate response.

Sadly after that came the horrendous pogroms and slaughter of the Igbo in the North which eventually led to the civil war in which millions of people died, including innocent children. This was also horrendous and deplorable.

Yet the bitter truth is that if the new Head of State, General Johnson Aguiyi-Ironsi who himself happened to be Igbo, had done the right thing and actually prosecuted the ringleaders of the coup namely Major Kaduna Nzeogwu, Major Anufuro, Major Ademoyega, Major Timothy Onwuatuegwu, Captain Emmanuel Nwobosi, Captain Okafor, Captain Ben Gbulie and all the other young officers that planned and executed the mutiny of January 15th 1966 after it was crushed, there would have been no northern revenge coup six months later.

I have not added Major Emmanuel Ifeajuna (who was actually the leader of the coup) to the list because he could not have been locked up or prosecuted by General Aguiy-Ironsi simply because he ran away to Ghana immediately after the mutiny in Lagos failed and after he and his co-mutineers were routed by Lt. Col. Jack Yakubu Gowon and his gallant officers.

For some curious reason after the coup was successfully crushed, General Aguiyi-Ironsi just locked these young mutineers up and he refused to prosecute them.

This bred suspicion from the ranks of the northern officers given the fact that Aguiyi-Ironsi himself was an Igbo.

The suspicion was that he had some level of sympathy for the mutineers and the fact that they did not kill him during the course of the mutiny only fuelled that suspicion.

The northern officers also felt deeply aggrieved about the wholesale slaughter of their key political figures that night.

In my view that, together with Aguiyi-Ironsi’s insistence on promulgating the Unification Decree which abolished the federal system of government and sought to turn Nigeria into a unitary state, made the revenge coup of July 29th 1966 inevitable.

The revenge coup was planned and led by Major Murtala Ramat Mohammed (as he then was) and it was supported and executed by other young northern officers like Major T.Y. Danjuma (as he then was), Major Martins Adamu and many others.

This is the coup that was to put Lt. Col. Jack Gowon (as he then was) in power and when they struck it was a very bloody and brutal affair.

The response of the northern officers to the mutiny and terrible killings that took place on the night of January 15th 1966 and to General Aguiyi-Ironsi’s apparent procrastination and reluctance to ensure that justice was served to the mutineers was not only devastating but also frightful.

300 hundred Army officers of Igbo extraction who were perceived to be sympathetic to the January 15th mutineers were killed that night including the Head of State General Aguiyi-Ironsi and the Military Governor of the old Western Region who was hosting him, the courageous Colonel Adekunle Fajuyi. This was very sad and unfortunate.

What happened on the night of January 15th 1966 was indefensible, unjustifiable, unacceptable, unnecessary, unprovoked and utterly and completely barbaric.

I beg to differ with those that believe that there was anything good about such a mutinous bloodbath and this is especially so given the fact that it was carried out by a small handful of ungrateful, cowardly and treacherous men.

Blood calls for blood: when you shed blood, other people want to shed your own blood as well and sadly this is the way of the world.

The minute the shedding of blood in the quest of power becomes the norm we are all diminished and dehumanised: and this applies to both the perpetrators and the victims.

The January 15th coup set off a cycle of events which had cataclysmic consequences for our country and which we are still reeling from today.

I repeat with greater detail, this included the Northern ‘Revenge’ coup of July 29th 1966 in which 300 Igbo officers and an Igbo Head of State (Gen. Aguyi-Ironsi) were killed, the pogroms in the North in which over 30,000 Igbo civilians were killed and a civil war in which 3 million Igbos (including 1 million children) and hundreds of thousands of Nigerians were cut short.

What a tragedy!

Coups may have happened in other countries in Africa but that did not mean that it had to happen here.

In any case the amount of blood that was shed on the morning of January 15th 1966 and the number of innocent people that were killed was unacceptable.

It arrested our development as a people and our political evolution as a country.

Had it not happened our history would have been very different. May we never see such a thing again.

Yet regardless of the pain of the past I believe that we should do all we can to put these matters behind us.

We must not allow ourselves to become prisoners of history. Rather than being propelled by pain and bitterness and becoming victims of history, we must learn from it, be guided by it and move on.

We must learn to forgive, even if we do not forget and, equally importantly, we must first establish the truth about those ugly events and understand what actually transpired.

What happened that night traumatised the nation. None of us has been the same since.

I can identify with that because I was a part of it, I witnessed it and i was a victim of it.

Yet by God’s grace and divine providence my father’s life was spared: not because he was special but simply by the grace of God.

Every day I think about those that were killed that night and I remember their families.

We share a common bond and we are all partakers of an ugly and frightful history.

I tell myself: “were it not for divine providence, my father would have also died and I would not have been what I am today, because he was the one who educated me and did everything for me.”

If nothing else I know there was a purpose for that.

We must resolve among ourselves that never again will people be attacked in their homes, dragged out, abducted and shot like dogs in the middle of the night.

Never again will women, wives, children and the unborn be slaughtered in this way.

Never again shall we witness such barbarity and wickedness in our quest for power.

Never again must any Nigerian suffer such brutality and callousness.

May the souls of all those that were murdered on January 15th 1966 continue to rest in peace and may God make Nigeria great again.

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Opinion

Banks’ Excess Profits Tax: Cause-Related Marketing to the Rescue?

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By Magnus Onyibe

In response to the Central Bank of Nigeria’s (CBN) proposal for a 70% tax on the excessive profits banks made from naira devaluation in 2023 – profits which increased by at least 51% due to President Bola Tinubu’s economic reforms – there has been a noticeable rise in banks’ philanthropic activities.

The proposed excess profits tax, or windfall tax on foreign exchange gains, floated four months ago, appears to be part of the government’s strategy to address its declining revenue base. This is critical as the cost of governance continues to outpace income. For instance, Nigeria’s 2025 budget, totaling ₦49.7 trillion, relies on borrowing ₦13.08 trillion, while ₦15.33 trillion will be used to service the country’s enormous debt, which stands at an estimated ₦134.3 trillion. Only ₦34.82 trillion of the budget is expected to come from royalties and taxes.

To reduce the country’s dependence on borrowing, President Tinubu brought in Taiwo Oyedele, a former PwC West Africa tax head, to overhaul Nigeria’s outdated tax administration system, which the president has described as a relic of colonial times. Oyedele’s assignment, aimed at strengthening the system and generating more revenue, aligns with the government’s goal of improving infrastructure and services through increased fiscal resources has been welcome by most Nigerians who are looking forward to a better country with more robust infratructure which only more revenue can faciliate.
But there is a snag which is that some Nigerians are worried about the implications for the income accruing to their states from the federation account which they suspect will be reduced

 

The excess profits tax proposal seems to have been seen by the president’s tax reform committee, which includes private-sector experts, as a readily available source of additional revenue. Many of these experts, familiar with banks’ financial records through previous auditing roles, likely identified the windfall profits as an easy target.

While banks initially resisted the proposal, they were cautious not to do so too publicly. Prominent figures like Olisa Agbakoba, a former Nigerian Bar Association president, and Mustafa Chike-Obi, chairman of the Bank Directors Association of Nigeria (BIDAN), voiced criticism. However, the Chartered Institute of Taxation of Nigeria (CITN), led by its president Chief Segun Agbeluyi, supported the move.

Subsequently, United Bank for Africa (UBA) chairman Tony Elumelu and First City Monument Bank (FCMB) CEO Ladi Balogun engaged with the presidency in consultations. Their temperate and conciliatory approach during interviews, following the initial announcement of the tax, helped ease tensions between banks and their regulator, the CBN, shifting the debate away from public confrontation.

The issue of the proposed excess profits tax was eventually moved from public discussion to private negotiations in boardrooms. This stands in sharp contrast to the uproar triggered by the four tax reform bills introduced by the Taiwo Oyedele-led committee, which are currently being debated in the National Assembly (NASS). These bills propose significant reforms to Nigeria’s colonial-era tax system, as highlighted by President Tinubu in his first media address since assuming office on May 29, 2023.

Before the lawmakers went on their annual recess, the bills had sparked intense controversy, particularly among northern lawmakers who felt the proposed changes, especially to Value Added Tax (VAT), would disproportionately benefit the south. This contentious debate deepened the longstanding ethnic, religious, and regional divides between northern and southern legislators, overshadowing traditional party lines and amplifying non-partisan tensions.

As the situation edged toward a potential crisis, a truce was brokered at the Aso Rock Villa. Legislators were urged to set aside their disagreements and take more time to review the bills thoroughly, enabling them to suggest reasonable amendments. President Tinubu, in numerous public statements, expressed his willingness to incorporate these adjustments before the bills’ final passage.

The vigorous debate surrounding these tax reform bills raises questions about how much more contentious the removal of petrol subsidies might have been had it been subjected to a similar public debate. If the tax reforms have ignited such a high level of scrutiny, one can only imagine the political turmoil that might have ensued over discussions on petrol subsidies or the unification of the dual naira-foreign exchange window.
This is where a very thin line separates leaders from being democrats or monarchies. That is because if as democrats they allow extensive and unending debates on critical development issues, action will never be taken. But if they ram policies down the throats of legislators , such leaders would be adorned with the toga of dictatorship or as one who is monarchical.
Therein lies the dilema and a justification for the aphorism “ uneasy lies the head that wears the crown”
And it is at times like that, that Executive Orders which are easier ways of making laws while bypassing the legislators are viable options. But they are restrictive and tenous as they lack wide coverage and the longevity that are inherent in laws passed via a due legislative process.

However, President Tinubu appears to recognize the critical importance of timing in politics. With a limited four-year term, he seems determined to implement key reforms early to gain public confidence and lay the groundwork for potential re-election.

Returning to the matter of banks and the excess profits tax, it seems likely that a compromise was reached between the CBN and the banking sector, possibly facilitated by the Bankers’ Committee—a coalition of bank managing directors. This may explain why the excess profits tax has not yet been enforced, appearing instead to have been put on hold.

One of the driving forces behind the foreign exchange gains tax is the urgent need to generate revenue to sustain governance amidst soaring costs. This includes ₦15.81 trillion allocated to debt servicing, with the country’s debt estimated to have reached ₦77 trillion by the time the Tinubu administration assumed office. Expanding the tax base has thus become a necessity.

In this context, banks, under pressure to meet new capital base requirements of ₦500 billion for international operations and ₦200 billion for regional operations, may have directed the government’s tax authorities to explore the potential of taxing electronic transactions. This includes levying charges whenever Nigerians transfer or receive funds electronically in their bank accounts.

The recently introduced Electronic Money Transfer Levy (EMTL) requires banks to deduct ₦50 on electronic transfers or receipts of ₦10,000 or more. With 231.1 million bank accounts in Nigeria as of July last year, the Nigeria Inter-Bank Settlement System (NIBSS) estimates that this levy could generate as much as ₦484 billion over three years. While this has the potential to be a significant revenue source for the government, it raises the question: will it come at the expense of already overburdened Nigerians?

Because the charges are relatively small—a minor percentage of the transaction amount—most bank account holders seem not to feel the pinch yet. This contrasts sharply with the public uproar that followed the removal of the petrol subsidy on May 29, 2023, which sent shockwaves through the economy. While the dust from the subsidy removal is gradually settling, the EMTL could create another source of tension between the government, banks, and the public. The question remains: is such friction unavoidable?

It appears banks are aware of the backlash before the tax that is currently in abeyance was imposed and the potential backlash of the EMTL when the banking public become conscious of it. In what seems to be an attempt to improve their public image and foster goodwill among customers, they have embarked on large-scale Cause Related Marketing (CRM) campaigns in past four (4) months or so. These efforts aim to balance corporate interests with public good, blending their business strategies with socially beneficial initiatives.

This is not the first time banks have faced criticism. When the Central Bank of Nigeria (CBN) proposed the excess profits tax on foreign exchange gains, I authored an article titled “Banks FX Gains Tax: How CSR Could Have Averted It”, published on August 13 last year. In the piece, I reflected on how proactive Corporate Social Responsibility (CSR) measures might have softened the blow of public disapproval. For instance, banks had previously undertaken commendable initiatives, such as renovating the National Arts Theatre and contributing to the CACOVID initiative, which provided medical and economic relief during the pandemic.

During the public launch of my book, “Leading From The Streets: Media Interventions By A Public Intellectual 1999–2019”, three months ago, I highlighted the stark contrast between the significant profits banks were declaring and the struggles of other sectors and ordinary Nigerians. I suggested that banks could demonstrate their commitment to the greater good by waiving certain fees, such as charges for SMS alerts and printed statements. Such small gestures could go a long way in fostering goodwill and mitigating criticism.

“Corporate Nigeria demonstrated admirable resilience during the COVID-19 pandemic. Under the guidance of the Central Bank of Nigeria (CBN), banks and major corporations, through the CACOVID initiative, provided essential support to Nigerians. This effort earned them public praise and bolstered confidence in their commitment to societal well-being.”

I shared this perspective on May 8, several months before the proposal to amend the 2023 Finance Act on July 17, which the Senate approved on July 23. Had bank executives heeded earlier advice to ease the financial burden on their customers, the FX gains tax—now a significant source of concern for them—might never have been introduced. It seems this realization prompted banks to intensify their Cause Related Marketing (CRM) efforts, aligning their brands with various social issues affecting vulnerable communities, whether they are customers or not.

Historically, Nigerian banks have been active in philanthropic initiatives. Available data shows that they have invested significantly in education, healthcare, economic empowerment, and environmental sustainability. For example:
• Education: First Bank of Nigeria established the First Bank Education Endowment Scheme to provide scholarships for undergraduates. Similarly, Zenith Bank launched the Zenith Bank Scholarship Scheme, and GTBank set up its own scholarship initiative to support university students.
• Healthcare: Access Bank initiated the Maternal Health Services Support (MHS) program to improve maternal healthcare, while the UBA Foundation created the UBA Health Initiative to deliver medical aid and health education to communities.
• Economic Empowerment: Stanbic IBTC introduced the Business Incubator Program to foster entrepreneurship and small business development. Fidelity Bank also rolled out the SME Financing Scheme to provide financial support to small and medium-sized enterprises.
• Environmental Sustainability: Ecobank developed the Forests for Life program to promote sustainable forest management and conservation.

Despite these longstanding Corporate Social Responsibility (CSR) efforts, public perception of banks remains largely negative. This is partly because banks continue to generate massive profits during periods of widespread economic hardship, like in 2024, when firms were shutting down and individuals struggled due to the impact of socio-economic reforms.

Banks have increasingly realized that CSR alone is not enough to earn public trust. It’s not just about supporting communities but also about visibly engaging with them—a principle that CRM embodies. Unlike CSR, which encompasses broader goals like philanthropy, sustainability, and ethical practices, CRM is a targeted marketing strategy. It seeks to foster an emotional connection between the public and a brand by aligning with specific societal causes.

In light of the proposed tax, banks have shifted their focus from merely advertising their products to associating their brands with public causes. For example:
• UBA has expanded its educational support to include training for the visually impaired in the use of Braille, showcased through televised campaigns.
• Access Bank and Fidelity Bank have also reoriented their advertising strategies over the past four months to highlight their support for social causes rather than solely promoting products and services.
Hitherto the sponsoring of Fashion Week by Gtbank, Tech Week by Zenithbank and Marathan Race by Access bank annually in Lagos had been the most immersive experience of CSR involving those tier -1 banks with their publics.

But banks have learnt that by embedding their brands into social goodwill, they aim to improve their image and strengthen their relationship with the Nigerian public. However, time will tell if this goodwill can endure. The recently introduced Electronic Money Transfer Levy (EMTL), though currently unnoticed by many due to its modest charge of ₦50 per transaction, could soon spark public dissatisfaction. If this happens, banks might once again find themselves at odds with their customers, as was the case with the unpopular fees for SMS alerts.

As the conventional wisdom goes: ‘a stitch in time saves nine’

Magnus Onyibe, a public policy analyst, author, democracy advocate, development strategist, alumnus of the Fletcher School of Law and Diplomacy, Tufts University, Massachusetts, USA, and a former commissioner in the Delta State government, (2003-2007) sent this piece from Lagos, Nigeria.

To continue with this conversation and more, please visit www.magnum.ng.

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Opinion

Justice Inbalance: The Judiciary’s Role in Life and Death Decisions

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By Hezekiah Deboboye Olujobi

The judiciary holds a pivotal role in society, often described as the guardian of justice and the arbiter of disputes. However, the metaphor of the pen as both a tool that can save lives and one that can destroy them encapsulates the duality of judicial power. While judges have the authority to uphold justice and protect the innocent, there are instances where their decisions have led to grave miscarriages of justice, resulting in the wrongful conviction of individuals, some of whom have spent years, if not decades, on death row.

The Pen That Saves Lives

In an ideal scenario, the judiciary serves as a protector of the innocent and a mechanism for upholding the rule of law. Judges are tasked with interpreting the law fairly and impartially, ensuring that justice is served. When judges exercise their discretion with compassion and integrity, they can indeed save lives. For example, in cases where mitigating circumstances are considered, judges may opt for rehabilitation over punishment, allowing individuals to reintegrate into society and contribute positively. Additionally, in cases where defendants have spent years behind bars without concrete evidence except for a confessional statement, judges may consider granting the defendant a second chance.

The Pen That Destroys Lives

Conversely, there are numerous documented cases where judicial decisions have led to catastrophic outcomes for innocent individuals. The phenomenon of wrongful convictions is a stark reminder of the fallibility of the judicial system globally. Factors contributing to these injustices include inadequate legal representation, prosecutorial and police misconduct, reliance on unreliable witness testimony, and systemic biases.

Case Studies of Misjudgment

1. The Case of Olusola Adepetu

Background: Olusola Adepetu was wrongfully convicted of murder in Nigeria, a case that highlights the severe flaws in the judicial process. Adepetu was accused of killing a man based on circumstantial evidence and public sentiment rather than concrete proof.

Circumstances of Conviction: Adepetu’s conviction stemmed from a combination of public outcry and inadequate investigation. The prosecution relied heavily on witness testimonies that were influenced by community bias and fear rather than factual evidence. Despite having a competent legal defense, the trial was marred by procedural irregularities and a lack of due process.

Time on Death Row: Adepetu spent 22 years on death row in Kirikiri Maximum Security Prison, enduring the psychological and emotional toll of being labeled a murderer. His life was put on hold, and he faced the constant threat of execution. He was also subjected to the harsh realities of prison life, which included overcrowding, violence, and inadequate healthcare.

Appeals and Dissenting Judgment: After years of legal battles, Adepetu’s appeal to the Supreme Court was denied. However, a dissenting judgment from one of the justices pointed out that he had been denied a fair trial, which became a crucial piece of evidence in his fight for exoneration. This dissent highlighted the need for a thorough review of the evidence and the judicial process that led to his conviction.

Release and Aftermath: In 2016, after relentless advocacy from legal aid organizations and the Centre for Justice Mercy and Reconciliation, Adepetu was finally exonerated. His release was bittersweet; while he regained his freedom, he faced the daunting task of rebuilding his life after decades of wrongful imprisonment. The emotional scars and the impact on his family were profound, as his children had suffered educational setbacks and social stigma due to his wrongful conviction.

2. The Exoneration of Olaniyi Emiola

Background Olaniyi Emiola was wrongfully convicted of armed robbery in 2011, a case that underscores the dangers of relying on unreliable witness testimony.

Circumstances of Arrest: Emiola was accused by neighbors who believed he was involved in a robbery that occurred in their community. The accusation was based on hearsay and the mistaken belief that he was the perpetrator. Despite the lack of concrete evidence linking him to the crime, he was arrested and charged.

Trial and Conviction: During the trial, witnesses testified against Emiola, claiming they saw him at the scene of the crime. However, the real perpetrator, who was later apprehended for another crime, admitted to the jury that he had committed the robbery and did not know Emiola. Despite this, Emiola was convicted and sentenced to death, highlighting the failures of the judicial system to adequately assess the credibility of witness testimonies.

Time on Death Row: Emiola spent 17 years on death row, enduring the psychological trauma of living under the constant threat of execution. His family faced significant hardships during this time, as they struggled with the stigma of having a family member on death row and the financial burdens associated with legal fees and prison visits.

Exoneration: In 2011, after persistent advocacy and the revelation of new evidence, including confessions from the real culprits, Emiola was exonerated. His release was a moment of triumph, but it came with the realization that his life had been irrevocably altered. His wives had left him, and his children had grown up without their father, facing their own challenges as a result of his wrongful conviction.

3. The Case of Kareem Olatinwo and Others

Background: Kareem Olatinwo, an elderly man, was wrongfully convicted of armed robbery along with his son and two laborers. This case illustrates the complexities of witness testimony and the influence of external factors, such as land disputes, on judicial outcomes.

Circumstances of Arrest: Olatinwo and his co-defendants were accused of robbing a property where they were actually the victims. The case was heavily influenced by dubious witness testimonies and a lack of concrete evidence linking them to the crime. The motive for their arrest was suspected to be related to a land dispute, which complicated the judicial proceedings.

Trial and Conviction: The trial was characterized by a lack of rigorous scrutiny of the evidence presented. Olatinwo’s past criminal record was used against him, despite the absence of any direct evidence linking him to the robbery. The prosecution relied on testimonies from individuals who had their own motives for testifying against Olatinwo and his son.

Time in Prison: Olatinwo and his son were sentenced to death in 2001. Olatinwo’s health deteriorated during his time in prison, and he ultimately died while still incarcerated in 2015. His son and the two laborers remained on death row, facing the psychological and emotional toll of wrongful imprisonment.

Appeals and Release: After years of advocacy, the appeals for the two laborers succeeded in 2014, leading to their release. The legal team used the reasoning from the Court of Appeal, which expressed doubts about the credibility of the witnesses. In 2021, Olatinwo’s son was also released after a lengthy battle, but the case raised critical questions about the reliability of witness testimony and the responsibility of judges to ensure fair trials.

Conclusion

These case studies illustrate the profound impact of wrongful convictions on individuals, families, and society as a whole. They highlight the need for reforms in the judicial system, including better training for judges, improved legal representation for defendants, and mechanisms for reviewing wrongful convictions. The emotional, psychological, and social ramifications of these injustices are far-reaching, emphasizing the importance of a fair and transparent judicial process. The stories of Olusola Adepetu, Olaniyi Emiola, and Kareem Olatinwo serve as powerful reminders of the human cost of judicial errors and the urgent need for reform.

Centre for Justice Mercy and Reconciliation

The **Centre for Justice Mercy and Reconciliation** is a grassroots organization dedicated to advocating for victims of wrongful convictions and illegal detention in Nigeria’s custodial centers. With a remarkable track record of achievements, our organization works tirelessly to provide legal assistance, raise awareness about the issues of wrongful convictions, and support the reintegration of exonerated individuals into society.

Through our efforts, the Centre has been instrumental in highlighting the flaws within the judicial system and pushing for necessary reforms. We engage in community outreach, legal advocacy, and collaboration with other organizations to ensure that justice is served and that the rights of the wrongfully convicted are upheld.

By advocating for those who have been wrongfully convicted, the Centre for Justice Mercy and Reconciliation plays a crucial role in restoring hope and dignity to individuals and families affected by judicial errors, striving to ensure that the judiciary serves as a true protector of the innocent and a pillar of justice in society.

For more details about our work and initiatives, you can visit our website at [www.cjmr.com.ng](http://www.cjmr.com.ng). We also welcome partnerships and support from individuals and organizations committed to justice and human rights. For inquiries, you can contact us at +2348030488093 or +2348025782527.

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