Opinion

Public Intellection and the Future of Nigeria by Wale Adebanwi

Published

3 years ago

August 25, 2021

Eric

What I will like to do is to attempt to take forward the critical role of public intellection through the authors reflections in the book under review.

But first a short story. In July 2019, I visited His Highness at the Gidan Rumfa in Kano to seek his views on a research project on the politics of austerity measures. At the end of the interview, we got talking briefly about Nigeria as His Highness rearticulated some of the developmental plans he had for Kano while also mentioning some of the challenges he was facing. In response, I accused him of abandoning Nigeria for the Kano throne. He disagreed. He explained that apart from taking up the mantle of his heritage, there were important and urgent developmental challenges that needed to be addressed in Kano, in particular, and the north of Nigeria, in general, for which his position as the Sarkin Kano was critical. But I insisted that the more important and urgent developmental challenges in Nigeria, for which his likes were needed, would not allow him, in the long run, to accomplish most of the goals he set for himself as the Emir of Kano.

The national body-politic was afflicted with multiple sclerosis, trying to save one of the limbs was therefore inadequate. What Nigeria needed were treatments that could ensure a speedy recovery from the attacks to the national brain and the central nervous system of the body-politic in order to modify the course of the disease and manage the symptoms. The problem in Kano and the north were manifestations of the fundamental problems of the Nigeria state. Thus, what needed saving first was not Kano; it was Nigeria. The appalling leadership in the state was only a reflection of the headship of the Nigerian state.
The book that is being presented today in an affirmation that, despite his position on Kanos urgent salvation, the author has always recognised that Nigeria not only needed to be saved but that, correspondingly, as poet and humanist, Odia Ofeimun, insists Nigeria was eminently saveable. Though there is no question that time is running out on Nigeria, especially so in a moment of our national history when utter cluelessness mixed with mindless indifference has been turned into a matter of regime pride and even governmental swagger, there are still many who hold out some hope for Nigeria. For the Good of the Nation: Essays and Perspectives, which includes essays, conference papers, and three interviews, published over the last two decades is not only a kind of manifesto by the author about Nigerias problems and possibilities, it is also a testament to the authors prodigy as well as a demonstration of his eclectic, even if polemical, take on the most critical issues of our time. More significant is the fact that the book is a testimony to the authors faith in Nigerias possibilities and our collective future as a people. Whether he is reflecting on the debates on the restructuring of the federation, redistributive justice and radical democratic imagination, interrogating Muslim political thought in the modern world, the intellectual sources of Islamist identities, or engaging with Foucauldian philosophy in probing Muslim history and the discursive trends in Islamic law in the context of Nigerias ethno-regional and ethno-religious tensions, including the struggle among Nigerias ruling and ruining class, the authors specific liberal spirit and commitment to Nigeria is strongly reflected in this book. For instance, this spirit and commitment lead the author to embrace the liberating and liberationist ethos of Thomas Paine and Betrand Russell, even while rejecting their atheism.

As my late friend, Pius Adesanmi, so able captures it in his Foreword to this book, the author demonstrates the core obligations of public intellection, not just in speaking truth to power, but also in stubbornly confronting, headlong, some of the complex or difficult issues of the Nigerian union, including those regarding the precept, nature and future of the union, the character of ethno-regional relations as well as elite politics, religion and the politics of piety, and also the uncomfortable question of gender equality in northern Nigeria. This stubborn devotion to confronting uncomfortable questions leads the author, in Adesanmis words, to a humanising synthesis of disparate political traditions (p. xxxi) as a praxis of intervention which seeks to create a middle ground of mutual sympathies and comprehension in a national oasis of acrimony and misunderstanding (ibid). Thus, it is important in this review to foreground the authors critical commitment to public intellection about the most important questions of the age.

Against this backdrop, the authors critical examination of these issues – including his intellectual orientation, his praxis, his ethno-regional location, his royal pedigree and privilege also constitutes a veritable ground for further contention. However, while the authors background and location define him, these essays show that they do not exhaust the authors intellectual, socio-economic as well as political orientations and convictions. A man of noble convictions does not have to be a nobleman. Therefore, that intellectual nobility is combined with the nobility of birth in this case is not natural. It is obvious from the essays that the authors social convictions developed over a lengthy period of both fascination with philosophical reflections from different historical eras as well as open mindedness towards the world. It is striking that the man who has since become the leader of the Tijaniyya movement is also, in this book, the non-sectarian advocate for religious tolerance.

There are a range of issues, ideas, and praxis for the reader to engage with in this almost 500 page thought-provoking and in some cases, provocative book. I can only mention a few as I do not have the time and the space to deal with the sheer complexity of the issues here. However, I will point to two of these issues as illustrations of the authors deep reflections, fine intellection, as well as profound, even if contentious, declamations about the Nigerian condition.

The first is about the political conditions of Nigeria. I place this under the episteme of national survival that is, in Foucauldian terms, “the implicit [and explicit] rules of formation which governs what constitutes legitimate forms of knowledge about the essential character of the Nigerian state in this age. This includes ethno-regional and ethno-religious relations and tensions, the structure of the federation, and the nature and process of recruitment for national leadership. The author who dismisses the Afenifere and Ohaneze, and following Balarabe Musa, accuses “the Yoruba bourgeoisie” of representing “the greatest problem to nation-building” (p. 23) in the first year of Obasanjos presidency, is the same who affirms that Chief Obafemi Awolowo and Dr. Nnamdi Azikiwe were, unlike Sir Ahmadu Bello, right in pursuing a strong centre within a federal structure, while concluding that “The Northern bourgeoisie and the Yoruba bourgeoisie have conspired to keep the Igbo out of the scheme of things” (p. 24). While he rejects the attempts to make all Northern Muslims to take responsibility for what he describes as the un-Islamic actions of past northern leaders (p. 37), and rejects a crude and cruel caricature of the Northern Muslim, the author concedes that it is a caricature that finds credibility in the abundance of evidence (p. 227) even while adding in another essay that if there is anything [about] which the political leadership of the North stands guilty as charged, it would be its contemptible and cowardly silence, its tolerance of evil and its open fraternisation with despots. As an example, the silence of Emirs and many notable political and religious leaders in the face of the injustice to which Chief M.K.O. Abiola was subjected is inexplicable” (pp. 37-38). It is no wonder he didnt keep silent when he also became an emir. (Although, the reigning emirs might respond that no wonder he is no longer an emir!”) Also, the author agrees with most of what northern Christians have to say about northern Muslim elite (p. 55) even while insisting that the northern Muslim poor, perhaps more so than northern Christians, have been visited with adversity by the northern elite.

One of the most significant goals of this volume, it seems to me, is how to ensure national survival. While the reader may not agree with the author about his diagnosis or prognosis, I suspect that most people across the political and ideological spectrum who are committed to national survival including both the proponents and opponents of restructuring or national conference will agree with the part of the book which speaks powerfully to the spirit of the theme of this book: For the Good of the Nation. I will quote the author: there is a second, perhaps more fundamental reason, for discussing the structure of the federation. It is the reality that the elite merely exploit or manipulate the secondary contradictions in our polity. They neither created nor concocted them. The historical process which brought together these heterogeneous groups was never destined to achieve a magical and immediate erosion of their histories and a total submersion of their identities into a common national milieu. [Thus] the task of nation-building does not lie in ignoring these differences, as the military have tried to do. Unity is not necessarily synonymous with uniformity. But it also does not lie in a defeatist attitude of despair or a return to a nihilist era of ethnic agendas and tribal warfare. The tragedy of Nigeria does not lie in its diversity, nor in its population, nor in its resources. Our tragedy lies in the lack of a truly nationalist and visionary leadership, an elite that harnesses the diverse streams that flow into the melting pot called Nigeria (p. 5).

Against this background, I strongly recommend that you read the authors take on federalism and state creation as well as his take on the experiences of the northern minorities and the Igbo in the post-Civil War era.

The second is about the explication, explanation and/or reconsideration of Islam, the role of Islam in Nigerias history as well as the philosophical reflections on Islam and modernity and the implications of theocratic praxis for the future of Nigeria. In his role as an explainer and defender of Islam and Islamic theology and even Islamic jurisprudence in order to achieve rationality within and outside the Islamic world towards achieving inter-cultural understanding and inter-faith dialogue, the author, as the book shows, has been assailed by doctrinaire Islamists as well as non-Muslims. But as a polymath who is also a theologian, one who is as confident about his knowledge in Islamic jurisprudence as well as the arcane philosophy of ancient Greece, the author competently takes on both the adherents and outsiders or traducers of Islam on different issues, including the Shariah, gender relations within Islam and in the larger contemporary society. One of the key issues that the author attempts to settle in this book is the conflation of culture/tradition with Islam. He engages in an intricate analysis of tradition and culture in ancient Arabia and tradition and culture in Northern Nigeria in order to separate out both from Islamic religion. This is in response to the religious precepts mobilized ignorantly, in his view, by the clerics for instance, in the treatment of women.

For all his intellectual exertions in explicating the conditions of egalitarian national life, particularly his virulent critique of the conditions of poverty in the north and the misinterpretations of Islamic doctrines, the author has been a target of critics. As he writes in the book, “My interventions have been received with not a little discomfort, but truthful discourse is no respecter of sensibilities” (p. 226). Some, as he acknowledges, have even described him as an arrogant secularist who claims to destabilize the noble edifice of Northern Muslim society, a pretender to being a reformer in the league of Dan Fodio, an agent of the West and dealer in usury, a Marxist who places reason above revelation (p. 330). In a sense, the author wears this criticism as a badge of honour. Why? Because it reveals the kind of misunderstanding and denunciation that serious public intellection exposes one to. I will add that it is significant that the author has been accused of all these. Despite the irony of accusing the caliph of the Tijaniyya Movement of being a secularist, I think that what these collection of essays show is the complex nature of the thought and praxis of the author.

An able and nimble mind and one of the most cerebral and controversial Nigerians of his age, the author, as this book again demonstrates, remains a compelling puzzle even in a sense, an oxymoron: a Nobleman Rebel, or Rebel Nobleman. He is as fierce and committed a defender of the tradition and privilege of royalty as he is a fiery and unhampered instigator of dissent and discontent among the underprivileged; he is as comfortable in a pinstripe suit with bow tie or a Chairman Mao suit as he is in the long flowing gown and regal costume of Kano royalty complete with a veil over his face; he is as suave in the company of global and local aristocrats, billionaires and leaders as he is as unpretentious among the “commoners” and poor pupils learning the tarteel. This compelling puzzle is partly why he attracts the kind of criticism referenced above and also partly why this book recommends itself for close attention. But the cardinal reason why this book is important is not merely because of the tension between nobility and rebellion that the author represents; in my view, it is because of the cardinal concern of the reflections on the future of Nigeria. And what a fitting moment to reflect again on the future of what many from one extreme of Boko Haram would-be theocrats to the other extreme of ethno-regional secessionists regard as Lugards bastard child.

One key question that the author does not address in this book, which I will suggest he needs to take up in the volume that will follow the book he is now completing at Oxford on his Central Bank years, is on the practical steps necessary in producing the kind of leadership that he preaches for in this book. If indeed the fundamental problem of Nigeria, as he argues, is leadership, what is to be done, particularly about ensuring that people of goodwill who have the needed capacity are able to be at the helm of affairs in Nigeria? What is to be done to ensure that the electorate themselves stop recruiting one incompetent man after another?
Let me conclude on what we might call a “hopeful” note. The author was conscious of the implications of some of his dark prognosis about the Nigerian condition. Therefore, in the first essay, Issues in Restructuring Corporate Nigeria, he writes, But the audience may ask, is there any hope for this country? My answer is yes. One of the reasons for his position was because of his generation of young, educated Nigerians ready to take up the gauntlet, and ignite the hopes, for a renewed Nigeria. When he wrote this, he was 38. The author is no longer that young. At 60, does he retain this hope? If he does, the hope is not shared by many contemporary young people from those lining behind Nnamdi Kanu and those behind Sunday Adeyemi (Sunday Igboho) to the Boko Haram aspiring theocrats. What is to be done about those who have given up on Nigeria including the millions who may not be organising for another country but are truly sick of the existing one? What is the role of public intellection in responding to this moment that appears like the eve of the tragic denouement in Nigerias history? This is where the authors harsh judgement on the Nigerian elite is relevant. Many believe that if Nigeria collapses, the masses will suffer most. That is true. But it is also true that members of the parasitic Nigerian elite cannot survive in any space on planet earth other than Nigeria. It is therefore in their paramount interest to ensure the good of the nation. Hence, in this moment in our national history when the future of Nigeria appears hazy, this collection of essays and perspectives leads us back to that important but underappreciated epic song by Sonny Okosuns, Which Way Nigeria?
That song speaks directly to the theme of this book. I believe that beyond the polemics of the essays in the book, beyond the matters we agree or disagree on, beyond the authors pedigree, his philosophical engagements with politics, religion and society, and his intellectual fascination with contrarian praxis, beyond all these, is the faith, as the book affirms, that binds us together in this potentially great but much abused polity. Against this backdrop, I leave you with the core message of this book which is captured in Sonny Okosuns’ charge: Lets save Nigeria, so Nigeria won’t die!
I thank you for your attention.

Adebanwi, until recently, the Rhodes Professor of Race Relations, University of Oxford, United Kingdom, is the Presidential Penn Compact Professor of Africana Studies, University of Pennsylvania, United States.

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!