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Opinion

The Oracle: The NASS: Manual or Electronic Rigging? (Pt. 2)

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By Chief Mike Ozekhome

APC’S UNRULY ROLE IN THIS TABOO

It was reported by The PUNCH that the All Progressives Congress (APC) had rallied its Senators to reject moves to adopt electronic transmission of election results in 2023. The source gathered that APC had been reaching to its lawmakers through zonal caucuses to insist that their position on this controversial issue would test their party loyalty.

Recall that the Senate Committee on INEC had recommended the use of electronic transmission of results in its election. The Committee was chaired by Senator Kabiru Gaya (APC, Kano) who, on Thursday, 15th July, 2021, voted against the use of electronic transmission. When questioned as to why he voted against the recommendation in the report of the Committee he headed, he said, “If you prepare something and you later saw an improved version of it, you can go for it. There is nothing wrong if the Chairman of a Committee supports the amended version of a report he presented”. How is voting against electronic voting an improved version? What exactly does it improve? In my opinion, I believe it further solidifies the allegations that the APC rallied its Senators to vote against the electronic transfer of election results and speaks truth to it.

In a publication by PremiumTimes.ng on the 16th of July, 2021, a high-ranking APC member, whose anonymity was preserved, stated as follows:

“This is politics and as the governing party, you don’t allow the opposition to dictate the pace. Those in opposition certainly know something we don’t know. The way they (PDP) were pushing for this electronic transfer of results or electronic voting thing using NGOs, international agencies and all that, should tell you something”.

This statement says it all. It highlights that the debate on the electronic transmission of votes was merely a power play battle for the APC, and not a battle for the betterment of future elections in Nigeria and the Nigerian citizens in general. It is a despicable truth that urgent and relevant issues affecting the country and its citizens are argued on a power level, rather than with the interests of the country at heart.

 

IS THE SENATE’S RULING CONSTITUTIONAL?

NO! The decision of the Senate on the electronic transmission of election results lack any form of constitutionality. For the avoidance of doubt, section 78 of the 1999 Constitution provides that “the registration of voters and the CONDUCT OF ELECTIONS shall be SUBJECT to the DIRECTION AND SUPERVISION OF [INEC]” (emphasis supplied). The Constitution further provides that “INEC OPERATIONS SHALL NOT BE SUBJECT TO THE DIRECTION OF ANYBODY OR AUTHORITY”. The words direction and supervision suggests that INEC is the primary body to determine how elections are to be conducted and also supervise the conduct of elections. Thus, the Constitution expressly and impliedly provide that INEC is not subject to the governance of anybody, authority or agency, less to talk of a body that is not recognised by the Constitution (NCC).

It is obvious that the “electronic transmission of election results” constitute the conduct and supervision of election, which INEC has been exclusively tasked with. It is equally obvious that the National Assembly has the power to create laws and amend Acts, but such power to create and amend laws must be consistent with the 1999 Constitution, which is the highest law of the land, the grundnorm and fons et origo.

The supremacy of the Constitution to all other laws and Act has been emphasized in a plethora of cases. In UGBOJI v. STATE (2017) LPELR-43427(SC), the Nigerian apex court, per AMIRU SANUSI, JSC (Pp 23 – 23 Paras B – D), held thus:

“My lords, permit me to reiterate that the Constitution of the Federal Republic of Nigeria of 1999, as amended, had by Section one, made provision to emphasize or assert its supremacy. By that provision, any law/statute or provisions thereof that runs riot and violent to the provisions of the Constitution or is in conflict with the constitutional provision is null and void to the extent of inconsistency. See A.G. Ondo State vs AG of the Federation and Ors (2002)9 NWLR (pt 772) 226.”

Therefore, where the provisions of the Constitution conflict with the provisions of Acts or Bills passed by the National Assembly and State Houses of Assembly, the latter prevails. See also the cases of OLAGBENRO & ORS v. OLAYIWOLA & ORS (2014) LPELR-22597(CA); A-G ABIA STATE V. A-G. FEDERATION (2006) 16 NWLR (Pt. 1005) page 265 at Pages 290 and 291; AINABEBHOLO V. EDO STATE UNIVERSITY WORKERS FARMERS MULTI-PURPOSE CO-OPERATIVE SOCIETY LTD. & ANR. (2007) 2 NWLR (PART 1017) page 33 at page 50 paragraph G and P, 151 paragraphs C-D.

Therefore, it is clear that the ruling of the Senate on electronic transmission is unconstitutional, null, void, of no effect and is dead on arrival. Therefore, while the Electoral Act (Amendment) Bill, 2021, may be constitutional and valid, the amendment made to Claude 52(3) that subjects the national coverage to be adjudged to be adequate and secure by the NCC and approved by the National Assembly before INEC can transmit votes electronically is null and void to the extent of its inconsistency with the 1999 Constitution.

It must also be stated here that the Constitution reserves the right to expressly make provisions, and such provisions are interpreted literally. An Act, Bill or even the courts cannot add words to the Constitution, nor subtract from it. As a result, the golden latin maxim of expression unius est exclusion alterius – the explicit mention of one thing is the exclusion of another – applies to the Constitution. The Constitution expressly provided for INEC to supervise and conduct all elections, but did not provide for INEC to be supervised or subject to the direction of anybody, arm of government or agency. See the cases of PORTS AND CARGO HANDLINGS SERVICES CO LTD & ORS v. MIGFO (NIG) LTD & ANOR (2012) LPELR-9725(SC); EHUWA v. ONDO STATE INDEPENDENT ELECTORAL COMMISSION & ORS (2006) LPELR-1056(SC); and, WEST AFRICAN UTILITIES METERING & SERVICES LTD v. AKWA IBOM PROPERTY AND INVESTMENTS CO. LTD (2019) LPELR-47089(CA). Therefore, the Senate’s decision to subject INEC’s constitutional power to conduct elections via electronic transmission of votes (if INEC so wishes) is patently null and void, unconstitutional, unlawful, dead on arrival, and of no effect whatsoever and howsoever.

THE WAY FORWARD

Upon the conclusion of the open voting session at the Senate on Thursday, 15th July, 2021, the Senate President, Ahmed Ibrahim Lawan, stated that:

“there is no victor, no vanquished in this affair…we want an electronic transmission system for our electoral process, however, we want to ensure that no Nigerian is disenfranchised in this process, and time will definitely come when all part of Nigeria will have coverage that we all need to deploy our technology to ensure electronic transmission of election results. This has come to settle the issue of what INEC can do and what INEC cannot. We have given INEC an electoral Act amended to enhance its performance” (underline supplied for emphasis).

This statement of Ahmed Lawan can be tackled from three perspectives. First, there is clearly those “vanquished” by their decision – the entire citizens of Nigeria. The citizens of Nigeria have once again been subjected to the horrors, chaos and dastardly acts of election rigging, ballot boxes snatching, disruption of polling units, fightings, maimings and killings in upcoming elections. The Rule of Law that provides that no one, including the Executive, Legislative and the Judiciary, should act ultra vires (above the law) has suffered heavily. The future of peaceful, free, fair and secure elections has also taken a dive for disaster. So yes, there is “the vanquished in this affair”.

Second, INEC has come out to state that the claims that Nigeria does not have enough network coverage to guarantee the electronic transmission of election results is false. INEC maintains that all network providers in Nigeria have assured of 100 percent coverage for electronic transmission of results. To this effect, INEC’s Director of Publicity and Voter Education, stated that: “In January 2018, INEC approached NCC that it wants a technological-driven commission and both have been working closely to deliver free, fair and credible elections in our country for the benefit of our citizens. They are also aware that two network providers, MTN and Airtel, have assisted JAMB conduct their examinations across Nigeria.” In the same way, these network providers, alongside other network providers in Nigeria, can assist INEC to ensure 100 percent network coverage for the electronic transmission of election results, as assured. In any event where the network coverage in Nigeria is not 100 percent, what stops the Senate from ordering the NCC to ensure that the network coverage be guaranteed before 2023? Why become penny wise, and pound foolish? Why not thrust Nigeria into the technological advancement that a developing country like Nigeria lacks? Questions, questions, questions.

Lastly, the Senate cannot settle what INEC can and cannot do. INEC is an independent body, as guaranteed by the Constitution. Although the Senate can amend the Electoral Act of 2010 and make subsequent provisions affecting INEC, it CANNOT make provisions which encroach on INEC’s independence. Therefore, their decision that the national network coverage is adjudged to be adequate and secured by NCC and approved by the National Assembly (and any other future decisions that affects INEC’s independence) is contrary to the provisions of the 1999 Constitution and is null and void.

CONCLUSION

THE WAY FORWARD

Simple. Let INEC be. Let INEC supervise and conduct elections in Nigeria however it sees it fit. If INEC makes a turnaround and decide that electronic transmission of election results is not practicable, then that is within their purview. If they maintain however, such transmission is feasible, then it is also within their supervisory functions. INEC should not be intimidated by the Electoral Act (Amendment) Bill, 2021. If same is made into law, they can go to the Nigeria courts and seek a declaration of its consistency with the 1999 Constitution. INEC should continue to be bold, brave and courageous in granting free, fair and credible elections in Nigeria.

To conclude, I totally agree with the statement of Comrade Paul Ikechukwu Njoku that:

“The Ahmed Lawan-led 9th clueless and rubber stamp Senate has on Thursday, July 15, 2021, dubiously adopted a legislative banditry which obviously castrated the absolute and operational independence of our electoral umpire, INEC, (in contravention of section 78 of the 1999 constitution) by voting to allow the National Communications Commission (NCC) and the National Assembly to specifically downplay and technically usurp the philosophy of the usage of electronic transmission of results in our elections devoid of the absolutism of INEC and what was proposed and campaigned in the Electoral Act Amendment Bill. We say No to election rigging. We say NO to legislative banditry against our electoral process. Power belongs to the people”.

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Opinion

The APC is jittery by Karounwi Adinni

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Very jittery about the coalition, and it should rightly feel so.

If coordinated properly, they have the capacity and numbers to upstage APC, from national politics.

If they manage to do it, it will be well-deserved.

The neo-liberal economic policies embarked on by BAT has shrunk the economy brutally.

The country has shrunk far more economically after removing fuel subsidy, particularly when electricity is still non-existent, raising production costs infinitely and lowering spending, making it a double-whammy for millions.

Electricity costs have been double even when its generation, distribution and transmission hasn’t improved significantly blunting claims of Nigerians needing to pay humongous amounts if they want electricity, even if several examples exist of Countries in the Global South with far more reasonable electricity charges with even more access to electricity.

Let’s now add devaluation, that skyrocketed costs of goods in an import-dependent economy and ran more millions into penury.

War-level inflation, rising costs of living, food prices off the ceiling.

And what they have been told is that, that is the only way to rejig the economy.

The supposed billions stolen by subsidy thieves hasn’t been retrieved, and perpetrators jailed.

Customs officials that permit fuel smuggling that justified subsidy removal weren’t arrested and jailed.

Yet, the people who weren’t responsible for these lapses were told to stomach these lapses and adjust to “SAP” tightening adjustments.

Minimum wage of 70k has still not been paid, what was done was a cynical 40k wage award across levels. This after fuel went from 185 to over 900 naira in some places, and skyrocketing prices of goods quarter-by-quarter.

In 2000, When Olusegun Obasanjo raised minimum wage from 250naira to 5500 naira, and Federal civil servants pay raised from 3500 to 7500, it triggered the phrase “GBEMU AREMU” (Aremu’s Largesse) that raised national income and subsequent spending across several sectors.

Teachers would buy Opel cars prompting applause when it was announced on assembly grounds, and several civil servants started building houses leading to a construction boom.

Federal contractors are being owed despite government claims of record revenues, and gaslighting statements of more allocations being accrued to Governors.

Let us now go back to pet peeves about allocation of projects.

Gilbert Chagoury’s HITECH got awarded the “Lagos-Calabar coastal road”

The same Chagoury’s HITECH got the Sokoto-Badagry road.

The same HITECH was awarded Benin-Akure-Ilesha road.

Abuja-Kaduna-Kano road was taken from Julius Berger and handed to HITECH.

Chagoury’s ITB also got $700m port revamp contract.

BAT says Alex Zingman who got the $250m contract to bring in tractors from Belarus is his friend.

When major contracts are given to closet accolytes in a family&friends scheme, how will the economy grow, when fairness is out of the window.
Multi-billion dollar contracts are being handed out attimes with no bidding to preferred contractors whom the President openly calls “His Partner” (Chagoury).

This is the samee Chagoury who returned $66million to Switzerland to get his conviction expunged.

He paid $300million to Nigeria’s government to protect him from prosecution for his role in helping General Sani Abacha loot the country by transferring National funds abroad.

Abacha’s special friend tha helped launder money abroad is BAT’s advisor and confidante whose companies get no-bidding contracts and people are to keep quiet.

Yet, APC stalwarts will attempt to gaslight people by saying “Relax, economy is getting better, BAT knows what he is doing”, even when diaspora Nigerians who come into the country exchange their Pounds and USD into Naira, and still cannot cope with the skyrocketing prices.

People are being told to sacrifice, while they see the Presidency buy yatch, new vehicles and Presidential Jet.

If it’s the ADC that will come and trigger the APC, we are all in for it.

Even if several of the characters in ADC have been in government for years. Distributed stealing is much better for the economy than singular appropriation.

Perhaps, when Nigerians change governments over and over, politicians will sit tight and apportion some efforts towards working for masses and treat people with some level of respect.

And the coalition should watch out for Aregbesola, the main reason that has given the coalition impetus. He is not a man who gives half-measures. And he is coming for revenge.

There is no fight as interesting to watch as tight buddies turn into implacable foes.

Knowing him, Aregbesola would likely have control of Lagos ADC, where he would bring in many elements of APC currently disaffected and angry into the party.

Being more conservative than even Tinubu, he would avoid trap of filling positions with non-Yorubas.

What would ensue in Lagos, with an Aregbesola-controlled ADC will be a fight for the ages, people who knew “Senator Bola Ahmed Tinubu” before he became “Asiwaju” or “Jagaban” would be brought into the fray.

Imagine for example, Muiz Banire, as Governorship candidate. Prominent families, in Lagos will be split down the middle, as Aregbesola comes for the jugular.

And woe betide APC, if the North refuses to vote for them and APC loses the Presidential election.

It makes the task of dismantling even Lagos from Tinubu’s hold after 28 years easier.

Tinubu’s current yes-men gaslighting people about economy should continue telling people all is well, even when economy squeezes people out.

In 2 years, they might lose everything. Both Federal and beloved Lagos.

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Opinion

Imperative of the Battle Against Impunity

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By Ayo Oyoze Baje

“When a leader encourages the culture of impunity, the society is lost and it makes the work harder for the rest of us”
– Prof. Wole Soyinka

One of the bitter facts about striking the delicate balance between criminality and justice is that if the perpetrators of sundry crimes are either treated with kid gloves, or left to walk our streets as free men, some others would view such as the best way to go. Unfortunately, from the persisting challenge of insecurity through the reckless squandering of public funds by some favoured political helmsmen to budget padding, crass impunity has remained the middle name of our democratic dispensation, sad to note.

For instance, recently Human rights lawyer, Femi Falana (SAN), criticized both the Federal and Benue State Governments for consistently failing to prosecute suspects arrested in connection with violent attacks that have resulted in the killing spree in Benue State. In the statement issued under the platform of the Alliance on Surviving COVID-19 and Beyond (ASCAB), of which he is the Chairman Falana lamented that although hundreds of suspects have been arrested over the years for crimes ranging from illegal possession of firearms to mass killings and kidnapping, most of them are never charged.

To him President Bola Tinubu’s recent directive to the Nigeria Police Force to arrest and prosecute all those involved in the latest wave of violence in the state is potentially symbolic.He pointed out that previous arrests had not led to convictions or justice for victims. Falana also berated the Chief of Defence Staff, General Christopher Musa, for alleging that residents of Yelwata community provided shelter for the killers. He described the statement as an attempt to shift blame onto victims instead of addressing the systemic failures of security and governance.

Such a sordid situation triggers the burning questions. Is the life of the voiceless victims not important to humanity in general and the country in particular? Are the perpetrators of the scary insecurity ravaging the country that has sent hundreds of thousands of innocent souls to their early graves more valued than that of the defenceless citizens? What is so difficult in identifying the sponsors, who arm them to kill fellow citizens and bring them to justice?

It is a similar situation when it comes to profligacy with regards to the way and manner some politicians squander public funds. Only recently there was disagreement between the National Assembly and the BudgIT over the issue of budget padding to the stupendous amount of N6.93 trillion in the 2025 federal government’s budget. Yet, some Nigerian contractors have remained unpaid for about a year! And there are allegations about some of them awarded contracts without going through the fiscal policy relating to the budget. That runs against Section 5 (b) of the Public Procurement Act. That is impunity, is it not? Yes, it is. But the pain in all of these is that the culture of impunity in places high and low has been with us for eons.

As yours truly highlighted through an opinion essay back in April 2017 all the hue and cry that trailed the probe into the $10billion(or is it $16 billion) sleaze in the power sector years back has long suffered from what physicists call the Doppler Effect, or died a Nigerian “natural death”. And as one warned back then that “was not the first time and it may not likely be the last unless government musters the much needed political will to bring the perpetrators to book.” But is the situation any better today? The answer is patently obvious.

These days we read about the humungous amounts, even in dollars found stashed in the private vaults of some former public office holders. From local government council chairmen to senators and governors, it is a recurring ugly decimal of national shame. But some hungry and disenfranchised poor citizens caught for stealing fowls and goats are either sent behind bars or hounded to hell!

It speaks volume about how those in government interpret words such as accountability, probity and transparency. It demeans us all as a people that those vested with the sacred trust of holding the destiny of men and materials of a country as vast as Nigeria are allowed to go Scot-free after committing various heinous crimes against the state. No one talks about the $12 billion Gulf War windfall again because some people are above the law. Not a few former state governors were once paraded by the EFCC as suspected to have siphoned state funds for self-aggrandizement.But years later some of them have the audacity to want to go back to their former offices, or find their ways to the hallowed Red chamber to make laws for you and yours truly. All these happen because of the insidious culture of impunity

As it was between 2015-2023, one is not surprised, therefore, that some corrupt politicians who defected from the PDP to the ruling APC are surreptitiously enjoying some ignoble immunity. It has happened before. All of these make a mockery of our judiciary process. Many of the proceedings are centuries away from the Information Technology and Communication(ICT) age as obsolete type – writers are still used for recording purpose. Series of laughable injunctions take over the well scripted drama of the absurd, characterized by the shameless display of former politicians suspected of grievous financial crimes, raising their hands in bravado as their paid praise worshippers fan their battered and bruised ego.

It is little of a surprise therefore, that virtually all notable institutions of government; from ministries to departments and agencies have in the past years of our democratic experience been probed for one fraud or the other. But after years of turning their searchlight to unveil the rattling skeletons in their cupboards, nothing meaningful comes out of it.
To several of those accused of such financial misdemeanor Nigeria is one big, slumbering elephant to be milked dry. And the easiest way to have a piece of the national cake is to get elected or appointed into any plum political post. But for how long can we go on this way? Not much longer, I dare say.

Corruption, which is a debasement of set moral values and a violation of standard professional ethics is like a two – edged sword that cuts both the victim and the misguided beneficiary. When those who have short changed the system are not brought to speedy justice it emboldens others with similar criminal inclinations to commit worse crimes.

It is responsible, as in the Nigerian politico-economic situation for the countless pot hole – riddled roads, the epileptic power supply, pervasive preventable diseases and mass youth employment that have turned into daylight monsters haunting us all.

As one admonished the then President Muhammadu Buhari-led administration in 2017 so I do now to the President Bola Tinubu-led government. To shame all critics he must muster the political will, backed with the enabling laws by the National Assembly to transform both the EFCC and the ICPC into well toothed bulldogs that bark and bite. And no one, no matter his political persuasion, must be above the rule of law. As Isabel Allende aptly stated: ” Nothing is as dangerous as power with impunity”.

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Opinion

Skills Acquisition: Way Forward for Nigeria’s Educational Development

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By Ayo Oyoze Baje

“The future belongs to those who learn more skills and combine them in creative ways” – Robert Greene

As concerned Nigerians keep deliberating on the best way to navigate the twists and turns inherent in our education delivery system, if yours truly has his way secondary school students should be spending three days of each week for theoretical knowledge and two for practical skills development. These include skills such as tailoring/fashion design, hair dressing and carpentry. Others include building construction, painting, domestic farming, singing, acting, oratory and comedy.

This has become more expedient because in 2023, Nigeria ranked 100th out of 100 countries in Coursera’s Global Skills Report in terms of skill proficiency. Incidentally, the country also ranked low within the Sub-Saharan Africa, placed 12th out of 13 countries.In fact, other African nations such as Botswana and Cameroon outperformed Nigeria in the same report. This was an indication of a significant skills gap in the country. But recent indicators suggest an increase performance that should be built on. For instance, Nigeria showed the fourth-highest year-on-year growth rate for Professional Certificates enrollments on Coursera. This clearly suggests a growing awareness and participation in skills development initiatives which should be built on.

For instance, the unemployment rate in Nigeria stands at about 4.84% in 2025, according to Statista. com. This translates to an estimated 5.74 million people who are unemployed. Similarly, the youth unemployment rate is around 7.50% according to Trading Economics.

Given the current global influence of information technology, the expanding impact of Artificial intelligence ( AI ) and the soaring influence of climate change. Others include the increasing need to ride the freaky waves of economic survival, and the stifling space for employment, not only in Nigeria but across the globe. Yet, the country is abundantly blessed with rare talents in different fields of human endeavour.

Mention names such as Silas Adekunle, known for his robotics expertise and the world’s first intelligent gaming robot or Riya Karumanchi, who invented a device to assist visually impaired individuals the importance of skills acquisition in the development of the talents of our youth gradually dawns on us.

It is a similar scenario when the name of
Hassan and Hussaini Muhammad, who created a way to convert petrol, water, salt, and alum into hydrogen cooking gas crop up. And out there there are other young Nigerian inventors such as Khalifa Aminu (FM transmitter), Muazzam Sani (remote-controlled car), and the team behind the smart walkway light and automatic irrigation. The importance of skills acquisition cannot therefore, be over emphasized.
.

Put in its simple terms, skills acquisition is crucial for Nigerian students academic development, because it enhances their employability, as well as boosts entrepreneurship. In fact, it contributes to overall national development. According to experts on educational development it empowers students to be self-reliant, reduces poverty and unemployment, and also provides them with a global perspective.

The impact and import of students’s skills acquisition is amply deployed in Bells University of Technology, Ota, Ogun state. There, students are exposed to the practical aspect of whatever course they are studying such that seasoned professionals are invited to deliver the practical aspect of their theoretical knowledge.Such is the impact that engineering students have become problem solvers. They have constructed pavements, fences, designed and built solid infrastructure.

Furthermore, the Centre for Agricultural Technology and Entrepreneurial Studies (CATES) has come up as a key initiative at the same university. As a noble cause it was established to foster practical, solution-oriented approaches to agricultural and entrepreneurial development within the university and the wider community. The skills promoting aspect of it is that CATES focuses on areas such as poultry technology, aquaculture, cassava farming, and mushroom culture. It also operates a vegetable farm and a plantain farm on campus. All these explain why graduates of the citadel of knowledge become self employed, with several of them kick starting the process right from the University as undergraduates. All these boost their financial independence while they contribute to the Gross Domestic Product, GDP.

Skills acquisition therefore,
increases employability, more so in today’s competitive job market. Having relevant skills makes students more attractive to employers. These include skills such as digital literacy, communication, and problem-solving, which are highly valued across various industries.Entrepreneurship programs teach them how to start and manage their own businesses. This eventually, leads to economic growth and improved living standards with appreciable Human Development Index, HDI. By equipping students with practical skills, skill acquisition programs can assist to lift individuals and families out of the terrifying trap of poverty and ultimately reduce the unemployment rate for the country.

From the global perspective, many skills are transferable across borders. This is one good lesson learnt from the COVID-19 pandemic. Nigerian students can latch on it to participate in the global economy through remote work or international collaborations. It also fosters confidence in students, assist them to adapt to the global socio-economic dynamics,while instilling a sense of accomplishment in them, thereby contributing to overall personal growth.

Of great significance, is that
a skilled workforce is essential for the nation’s economic growth and technological advancement. Overall, the skill acquisition programs contribute to building a more productive and innovative society. So Nigeria work on the report which highlighted specific skill areas where it lags, especially technology and data science.

Nigeria should also learn from countries that stand out for their high levels of skill acquisition and development. These include Northern European nations such as Finland, Norway, and Sweden which consistently rank high, along with Switzerland, Singapore, and Germany. These countries often prioritize education, training, and creating opportunities for their populations to acquire and utilize a wide range of skills. As rightly noted by Malcolm X: ” Education is our passport to the future, for tomorrow belongs to those who prepare for it today”.

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