Opinion

Mohammed Fawehinmi: When the Branch Falls From the Iroko Tree

Published

3 years ago

August 19, 2021

Eric

By Chief Mike Ozekhome SAN, OFR, Ph.D

We had joined Chief Gani Fawehinmi, SAN, SAM ( Gani ) to fondly call his son , Mohammed, ‘Mo’.This was the pet name Gani had given to Mohammed. This was even as a little teenager in the early 80s. Mo was 52 when he died. His father, Gani the legend, had died at 71, on 5th September, 2009. Mo, his first son and the blossoming branch of Gani’s iroko tree fell, most painfully too soon, on August 11, 2021.

When I first joined the Chambers of iconic and unforgettable Gani in 1981 on part time basis, Mohammed was a little 12-year-old, giggling, starry-eyed boy in his nascent years in the secondary school. Initially, this was at 28, Sabiu Ajose Crescent, Surulere, Lagos. Later, Gani moved to his world-class Chambers and Library at Ajao, Anthony Village, Lagos, taking along his family to his new residence at Ademola Close, GRA, Ikeja, Lagos.

“Mo, come here and greet me”, I would order him. A chip off the old block in looks, carriage, gait and mannerisms, Mo would simply obey. It would then be his turn to ask, impetuously, “Uncle Ozek baba, what did you buy for me today ?”.
This was one of Gani (his father)’s pet names for me; the others being, “Mobile Dictionary” and “Mobile Library”. Anytime I hear someone call me any of these names today, I would easily know that such a person knew me as far back as the early 80’s when I literally burnt in the legal oven and furnace of fire that passed for irrepressible Gani’s Chambers. He was simply workaholic. No one who was not a workaholic fitted into the system.

Upon completion of his Kotun Memorial Primary School in Surulere, Lagos, and during his studies at the in Federal Government College, Sokoto, Mo, born to Alhaja Ganiat Fawehinmi (the Matriarch of the Gani family), dreamt of the Military. Military? Yes, you heard me correctly. He wanted to enlist in the then number one enemy of his father, the Nigerian Army.

For the records, Mo was born on February 21,1969, when Gani was firmly locked up in the military gulag, in one of his many detentions perpetrated by the very Military Mo now sought to embrace. Gani had been detained by the Yakubu Gowon military junta during the raving civil war in 1969, under the State Security (Detention of Persons) Decree No 24 of 1967. This was Gani’s first ever detention at the Kaduna Police Headquarters. The Gowonian military dictatorship was later to detain him three more times in Jos, Ilorin and Lagos. In all, Gani was detained a whopping 32 times; more than those of any other Nigerian, living or dead. The now 80-year-old Ibrahim Babaginda’s military junta took the diadem of detaining Gani a record 17 times out of his total 32 detentions. Gani’s house was searched 16 times; and his international passport confiscated 10 times!

Most ironically, IBB once said if there was one Nigerian he respected greatly, it was Gani. The other two, IBB said, were Professor Ayodele Awojobi and Dr Yusuf Bala Usman, both now late. Asked by newsmen why his government frequently detained Gani, IBB had quipped, with a cynical and curious sense of humour, “What kind of question is that? Every Nigerian President arrests Gani Fawehinmi. Why should my turn be different? It’s all in a day’s work. It’s just part of the job’s description.”

So, why would Mo, the first son and scion of Gani who had been shackled, manacled and detained 32 times severally at several dungeons across Nigeria by the same military, ranging from Ikoyi, Alagbon, Wuse, Abuja, Awolowo Road, Maiduguri, Kuje, Ikeja, to Inter-Centre detention outpost, Panti, Shangisha, Kaduna, Gashua, and Bauchi, want to flirt with the same military? Not just to flirt in sheer childlike romanticim, but to actually enlist into it? Gani could not understand this. He ruminated and agonized over it. He knew what he would do. He will not spare the rod. The strict disciplinarian that he was, Gani flogged Mo thoroughly with the cane.

Such was Gani’s no-love-lost relationship with successive military juntas that it was simply infra dig for any of his children to ever contemplate, even dream, of becoming a soldier. Mo had therefore touched the tiger’s tail when he enthusiastically obtained the form of Nigerian Defence Academy (NDA). With the innocence and naivety of a child, he took the form and ran to Gani, with unrestrained éclat and excitement. He wanted Gani to sign a space after he ( Mo ) had already filled it. Gani was livid with rage and went for Mo. The tiny, spritely Mo fled with the speed of an impala escaping from a hunter. He quickly scaled the fence to escape his father’s wrath. Four lawyers in Gani’s Chambers “rescued” “poor” Mo that day. Unknown to Mo, it was not yet uhuru for him. Satisfied that the NDA imbroglio had ended, Mo went to bed with the innocence of a child that he was. But, not for angry Gani who, still belly-aching and seathing with rage, had kept awake. At about 2:30 am in the wee hours of the morning, Gani stealthily sneaked into Mo’s room with a cane in his hand.He was determined to discipline this “stubborn boy” ,Mo, who wanted to join his ‘enemies’. And he did so corporally. He whipped Mo thoroughly by his buttocks.

Let us hear Mo himself speak to this encounter in an interview he granted to Punch in 2018:

“I wanted to become an Army General. I had three uncles in the Army. Two of them were Captains, while one was a Major. I loved the uniform and personality of military men; being like them was just what I wanted for myself.

“When I was 14, we were given forms in school for the Nigerian Defence Academy. I hurriedly filled mine and took it to my father to sign; I never knew I had courted trouble. Till he died, I don’t think he had ever been that angry.

“He said that I wanted to go and join the people that were throwing him in jail all the time. He said I wanted to join those who wanted to kill him. He said that it was better he killed me before I joined his enemies.

“It took four senior lawyers to hold him down that day. One of them was OAR Ogunde, a Senior Advocate; Mr. Tayo Oyetibo, Mike Phillips and one other person. I had to run away from the scene as fast as I could and managed to jump the fence before tearing the form.

“I thought he had forgotten about everything, but I was surprised when he woke me up with the cane at about 2.30am the next morning. He dealt with me thoroughly that day.”

Ever precocious and energetic in his lifetime, Mo had bubbled with the “sap of life like a yam tendril in the rainy season” (thank you, Chinua Achebe: “Things Fall Apart”). Mo’s effervescence and inquisitiveness were to lead him to cross Gani’s path yet again. He attempted driving Gani’s car at their GRA, Ikeja, Lagos residence, without his permission. Gani would take none of such youthful exuberance from a boy he believed was not experienced enough to drive a car. He pursued Mo with the speed of Ben Johnson. But, Mo, a much younger and energetic youth, reached for Usain Bolt’s talismanic bag of speed.He sped, weaved, bobbed, skipped, sped and floated like a bee ( Remember the undefeated heavyweight champion, George Foreman versus Mohammed Ali’ s ‘Rumble-in-the-Jungle’ boxing tournament in Kinshasa, Zaire, on October 30, 1974?) Something similar.Mo thus out-sped sweating Gani with the speed of lightning. An elderly woman who watched with keen interest from the sidelines could be heard screaming, “Chieeefuuuooo, e fili le ooo” (Chief ooo, please let him be). Both Gani and Mo were extremely boisterous and highly animated.

Mo, like his father, was bold, daring, fearless, courageous, and with an unflagging independent mindwdness. These account for why Mo went to read Business Administration at the University of Lagos, as against his father’s natural first preference – Law. However, upon more maturity and also partly to satisfy his father’s fond wishes and desires, Mo went to the UK to study Law at Buckingham University, England. This was why Mo studied Law as a second degree. Upon Gani’s prompting, Mo ( who had wanted to simply be an Administrator of businesses, returned to Nigeria and attended the Nigerian Law School, Lagos. He was called to the Bar in 1998 at 29.Mo immediately commenced Law practice in Gani’s sprawling law office. By 1998, I had already exited his father’s Chambers as Deputy Head of Chambers by 14 years (1985), to set up my private law practice. However, colleagues and Chambers’ mates of Mo attest to the fact that he was humble, gregarious, dedicated, extremely hardworking and always ready to learn. He respected his seniors greatly and took instructions from them seamlessly. He did not have the usual ego and airs of the youth in his peculiar situation of “this-is-my-father’s-Chambers-so-you-cannot-toss-me-around”. He was said to have obeyed all rules and regulations like any other lawyer in Gani’s Chambers.

Mo had thus settled down to a very fulfilling life of advocacy, with a fiancée he intended to marry, by his side. She was a young, pretty Igbo lady from the South East. After his car accident, Mo was said to have politely told her to go seek her fortune elsewhere, as he did not want a marriage anchored on sheer pity. This is because the young lady was determined to stay with Mo after fate had struck. It was on September 23, 2003, at about 9:48 pm. Mo had a ghastly motor accident that permanently broke his spinal cord. Along the airport road after the toll gate in Ikeja, Mo’s Mercedes E320, which he personally drove, had skidded off the road, defying all his attempts to apply the brakes. While the front air bag of his car pinned him to the seat, the side air bag shifted and broke his neck. He went numb. A passer-by Naval Officer stopped and rescued him from being burnt alive as the fuel in the car had started spilling all over.

In his words, Mo narrated how hospitals in Lagos, including the National Orthopaedic Hospital, Igbodi, did a poor job of surgical operations. Mo was subsequently flown to the UK where his surgeon decried his Nigeran hospitals treatment, saying he would easily have walked the following week after the accident if only the Doctors had quickly frozen the particular spot of the injury, with a particular spray that cost only N8,000 at that time. That is Nigeria for you.

Being physically wheelchair bound however did not lead to Mo’s disability in the true sense of the word. Mo wrote seceral articles and Law books; attended some court sessions; serially spoke truth to authority; and interrogated governmental actions and impunity. He even participated in some street protests such as the January, 2012 “Occupy Nigeria” fuel subsidy protests, where he was sprayed with tear gas alongside his indomitable mother, Ganiat. Like Gani, Mo believed in using law as an instrument of social engineering to liberate the hoi polloi masses and the teeming Frantz Fanon’s “Wretched of the Earth” in Nigeria.

Before his passage at 52 on August 11, 2021, Mo kept his father’s activist inferno blazing luminously. He even set up his own Mohammed Fawehinmi Chambers, as Gani had wound up his Chambers in his Will. However, Mo remained, through the same Will, a Director in the Nigerian Law Publications, and the Gani Fawehinmi’s Library and Gallery. Perhaps, one of Mo’s greatest attributes was keeping together in a peaceful and non-acrimonious manner, Gani’s legacies in a highly polygamous home. As the head of the Gani dynasty, he was level-headed, mature, tolerant, mediatory and non-discriminatory.

Mo, though dead, will be remembered as a young man who etched his name in the pantheon of heroes, notwithstanding his physical disability. He was nt intellectually, politically and socially disabled.Mo fought life. Mo fought vicissitudes. Mo fought tyranny and impunity. Mo fought accident and his spinal cord injury. But, Mo could not fight death. Because all of us shall eventually succumb to it. We all wear death like a second skin, following us like our shadow. But, death, thou art ashamed. Death, where is thy sting? Death, remember that you too shall die, to give way to eternity of life. Mo has died in body; but his dogged spirit lives on. The words of Mark Anthony about Brutus in William Shakespeare’s Julius Caesar (Act 5, Scene 5) perfectly befit Mo: “this was the noblest Roman of them all; His life was gentle and all the elements so mixed in him that nature could stand up and say to all the world, ‘this was a man’ ”.

May God grant Mama Ganiat and all Mo’s siblings, friends, admirers and the Gani clan of lawyers, the fortitude to bear this irreplaceable loss. Adieu Mohammed.Goodbye, Gani’s reliable branch. Sleep well in Alijanah Firdausi; Ameen.

Opinion

Onnoghen, Free at Last

Published

1 month ago

November 12, 2024

Eric

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.

Opinion

Masquerade of Excellence: Celebrating Prof Mike Ozekhome’s Remarkable Journey @ 67

Published

2 months ago

October 14, 2024

Eric

By 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

Opinion

Mr. President: Affordable Fuel is Possible at Zero Subsidy

Published

2 months ago

October 12, 2024

Eric

By 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!