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The Oracle: Abba Kyari and the Tale of Two Criminal Jurisdictions (Pt. 2)

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By Mike Ozekhome

INTRODUCTION

Last week, we commenced our discourse on this festering matter. Our conclusion is that Abba Kyari cannot be extradited to the US for as long as his trial is pending before the Federal High Court in Abuja. Let us see some circumstances under which a citizen of Nigeria may not be surrendered for the purpose of extradition.

A fugitive criminal shall also not be surrendered if the Attorney-General or a court dealing with the case is satisfied that, whether in Nigeria or elsewhere, such fugitive has been convicted of the offence for which his surrender is sought; or has been acquitted thereof, and that, he is not unlawfully at large.

Similarly, a fugitive criminal shall also not be surrendered if criminal proceedings are pending against him in Nigeria for the offence for which his surrender is sought.

In the same vein, by virtue section 3(6) of the Act, a fugitive who has been charged with an offence under the laws of Nigeria or any part thereof, not being the offence for which his surrender is sought, or who is serving a sentence imposed in respect of any such offence by a court in Nigeria, shall not be surrendered until such time as he has been discharged whether by acquittal: or on the expiration of his sentence or otherwise.

The last two scenarios pointed above are apposite in Abba Kyari’s case. He is now standing trial under the NDLEA criminal charge. The extradition request must therefore await the outcome of this trial by the Federal High Court, Abuja.

A fugitive criminal shall also not be Surrendered to any country unless the Attorney-General is satisfied that provision is made by the law of that country, or that special arrangements have been made, such that, so long as the fugitive has not had a reasonable opportunity of returning to Nigeria, he will not be detained or tried in that country for any offence committed before his surrender other than any extradition offence which may be proved by the facts on which his surrender is granted. Has Abubakar Malami ensured this? Let him tell Nigerians if the US may not try Abba Kyari for another offence different from his alleged offence with Hushpuppi.

THE EXTRADITION HEARING

If at the end of thirty days from the day of the arrest, no order was received from the Attorney General, the fugitive offender must be released. There must be a hearing in order to determine if the fugitive ought to be extradited or otherwise. The magistrate is free to receive evidence that proves that the offence for which the fugitive is wanted is not an extradition offence; or any evidence that proves that his extradition is prohibited either under the act or under any relevant extradition agreement. The Court in Udeozor V. FRN, (supra), in stating the purpose of a hearing in extradition proceedings held thus:

“The purpose of a hearing which is in fact purely at the discretion of the Attorney General is not to ask the fugitive criminal if he desires to be extradited. That will be ridiculous. The purpose is to determine whether the requisition made shows sufficient cause to warrant extradition… to hold otherwise will be ridiculous…… “The purpose of the hearing in a trial court upon the application Hon. Attorney General is not for the trial of the fugitive criminal. Rather, it is to invoke the exercise of the judicial powers of the court over the fugitive accused as the court would over an accused person standing trial before it…”

HOW EXTRADITION REQUEST IS MADE

By virtue of Section 6(1) of the Extradition Act of Nigeria, a request for the surrender of a fugitive criminal in Nigeria must be made in writing to the Attorney General of the federation by a diplomatic representative of the requesting state and this should be accompanied by a duly authenticated warrant of arrest in the case of a fugitive criminal accused of an extraditable offence; and where the fugitive has been convicted of an extraditable offence, the written request must be accompanied by certificate of conviction issued in the requesting country. It should be noted that the essence of attaching a warrant of arrest or a certificate of conviction is to prevent frivolous requests that have no basis supporting the request. It is also important as it helps to prove that there exist sufficient facts necessitating the request for extradition. Where an extradition request has been received by the Attorney General, it is required that on the basis of the information available to him, he is obliged to decide if the surrender is precluded by any of the provisions of Section 3(1) to (8) for the refusal of extradition request. The Magistrate, under section 8 has powers to remand the fugitive, or grant him bail; or cancel a warrant and release a fugitive; as if he was trying the fugitive for an offence committed within his jurisdiction.

Consequently, if the surrender of a fugitive criminal is not precluded by the provisions of that section, he is to inform a magistrate that an extradition request has been received by him and thus require the magistrate to deal with the case in accordance with the provisions of the Act. However, where the extradition of a fugitive criminal is precluded by the provisions of section 3(1) to (7), then he need not inform the magistrate of the receipt of any such request.

From the above provisions, it is fundamental to note that the authority conferred on the Attorney General to determine if an application is competent in relation to section 3 cannot be contested. It is only when the request has been transferred to the magistrate that the judicial process of inquiring into the case and the competence of the request can be begun. However, where the Attorney General decides that the request is precluded by section 3, then nothing can be done about it. It must be reiterated that in the process of extradition, the powers of the Attorney General are wide; but limited once he approaches a Magistrate, who thereby become dominus litis.

THE PENDING NDLEA CHARGE AND ABBA KYARI: THE NEXUS

Abba Kyari NDLEA’s pending charge before the Federal High Court has definitely put the whole extradition process on hold if the court decides to remand him pending the determination of the suit against him.

It is also important to emphasis that while the matter is pending in court, Abba Kyari is presumed innocent until proven guilty as contained in Section 36 (5) provides that:
“every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty”.

This is also sanctioned by Article 1(1) of the UDHR, 1948; Article 14 of the International Convention on Civil and Political Rights, 1966; and Article 7(b) of the African Charter on Human and Peoples’ Rights Cap A9, LFN, 2004. Presumption of innocence is the golden thread that runs through our criminal justice system. See the case of The King v. Richardson & Anor (1985) Leach 387; Woolmington v. DPP (1935) AC- 462; Ali v. State (2012) 190 NWLR (Pt 1309) 642;

Even if the Federal High Court were to give its judgment against Abba Kyari, he is still entitled to appeal such a judgment at the Court of Appeal, and even further to the Supreme Court.

Section 3(6) of the Extradition Act makes it clear that a fugitive criminal who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence for which his surrender is sought, shall not be surrendered until such time as he has been discharged whether by acquittal or on the expiration of his sentence or otherwise. As stated above, the NDLEA has filed an eight count charge against Abba Kyari and six others for their alleged involvement in drug trafficking, barely 24 hours after the Attorney-General filed an application for the extradition of Kyari. It is important to note that Abubakar Malami, SAN, the Attorney-General of the Federation, is also the Minister of Justice. By virtue of Section 2(1) (f) of the NDLEA ACT, the Federal Ministry of Justice, headed by Abubakar Malami, SAN, has a representative in the Board/composition of the NDLEA. So, now that he is aware of the NDLEA charge, can the Chief Law Officer of the Federation consent to the prosecution of someone whose application for extradition is pending? What is the legal implication of this?

The case of A.G FED v. JONES (2017) LPELR-43551(CA), is worth considering. Though, the case was decided under Section 3(5) of the Extradition Act, some key observations made by the learned Justices of the Court of Appeal are worth noting. The Appellant (A.G. Fed) had filed an application before the trial court seeking to extradite the Respondent on a diplomatic request from the United States of America on indictment, in Case No.11-CR0299, filed on the 28th day of April, 2011, for the offences of conspiracy to commit wired fraud and conspiracy to commit identity theft all in violation of US Laws. The Application was duly supported by an affidavit and exhibits, which inter alia, included a certified true copy of the indictment issued against the Respondents; certified true copy of the warrant of arrest issued by the US District Court for the arrest of the Respondent; and a photograph of the Respondent. The Respondent contested the proceedings, contending that the application was incompetent because as at the time of the application, there was an existing charge at the Akure High Court on charges similar to those he was being sought to be extradited to face in the United States of America. The Appellant contended that as at the time the application for extradition was ripe for hearing, the existing charge had already been withdrawn. The trial Court disagreed and found against the Appellant and discharged the Respondent.

The Appellant being dissatisfied with the judgment filed an appeal in the Court of Appeal. The Court of Appeal was emphatic that the main thrust of the appeal failed. It was consequently dismissed. Abimbola Osarugue Obaseki-Adejumo, JCA, concurring with the lead judgment, held at page 26, that:

“… The provision of Section 3(5) of the Extradition Act is clear and unambiguous. It states: “A fugitive criminal shall not be surrendered if criminal proceedings are pending against him in Nigeria for the offence for which his surrender is sought…”

Regarding the uncoordinated role the Attorney-General played with the EFCC, Yargata Byenchit Nimpar, J.C.A. (delivering the Lead judgment) held that:
“The issue is not the timely withdrawal of the pending charges because the statutory requirement is that no proceedings should be pending when the application for extradition is made. The point of filing the application a decision was taken by the Attorney General to want to surrender the fugitive…”

As is provided in Section 3(6) of the Extradition Act and in line with the above judgment, a person such as Abba Kyari, who is charged with any offence not being the offence for which his surrender is sought, shall not be surrendered until such time as he has been discharged, whether by acquittal or on the expiration of his sentence or otherwise. The statutory requirement is that no extradition proceedings for Kyari’s surrender should be going on until such time as he has either been discharged acquitted or convicted. By his actions, the Attorney-General of the Federation appears to be stalling, tacitly, the extradition of Abba Kyari, by allowing or consenting to the prosecution of Kyari for his alleged involvement in drug trafficking simultaneously as the pendency of an application for his extradition by the same Attorney-General. Since the court will assume jurisdiction on the criminal matter the moment Kyari is arraigned and his plea taken, the Attorney-General of the Federation still has the time to quietly back-off before the criminal court assumes jurisdiction and await the court’s decision. It is more honourable to do so.

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Opinion

From Zero to Impact: The Leadership Mindset That Transforms Executive Management (Pt.1)

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By Tolulope A. Adegoke, PhD

“Man is a divine construction formed from dust—built and empowered as a divine system of and for legitimate leadership by God on earth. Through it all, the Maker, God, was patient with the entire process of creating over 7 billion expressions of His kind today, beginning from the very start. This is a perfect lesson: never sacrifice the power of excellence for the sake of time. Let us all learn the virtues of patience and mastery from the Maker. If He could do it, then so can we, having been empowered by His breath of life and created in His image and likeness. Therefore, it would be a grave error to act as though we are bastards of creation—such conduct does not glorify Him.”– Tolulope A. Adegoke

Introduction: The Seed of Significance

Leadership is not defined by a title, a corner office, or a large bank account. True leadership begins with a mindset—often birthed in obscurity, nurtured in humility, and forged in persistence. In many cases, leadership begins at zero—a point of insignificance, where visibility is low and expectations even lower. But it is from this “zero point” that greatness emerges, when rightly cultivated.

We often underestimate the potency of small beginnings. Just like the number zero, which on its own appears meaningless, yet when placed strategically can turn one into ten or a hundred, small beginnings carry the potential for exponential growth when stewarded with vision, purpose, and consistency.

The Zero Principle in Leadership

In the world of executive management, we tend to focus on performance indicators, measurable outcomes, and quick wins. But many transformative leaders did not begin their journeys with resources, influence, or acclaim. Their leadership legacy began the moment they conceived an idea or dared to dream differently.

“The greatest achievement was at first and for a time a dream…” — James Allen

Visionary leadership does not wait for ideal conditions. It recognizes that the acorn holds an oak, the egg contains flight, and the dust of the ground can host divine breath. The power of leadership lies in this: to see what others overlook, and to ignite potential in what seems insignificant.

The Creation Blueprint: A Divine Example

Genesis 2:7 tells us, “And the Lord God formed man of the dust of the ground, and breathed into his nostrils the breath of life…” This powerful illustration reminds us that transformation begins with form and breath—structure and spirit, process and empowerment.

In executive management, the same model applies. Talent (dust) must be shaped (trained) and then empowered (motivated and inspired) before it can become impactful. The leader’s role is not merely to manage but to breathe life into people, processes, and possibilities.

Zero becomes a turning point when leadership intervenes.

Strategic Leadership: Transforming People, Processes and Purpose

Leadership is influence—but more importantly, it is intentional influence aimed at developing others. A strong executive leader does not discard a low-performing employee, student, or team. Instead, they ask:

  • What potential lies beneath the surface?
  • What is missing in terms of guidance, training, or motivation?
  • How can I provide the environment necessary for growth?

Just as zero represents an opportunity rather than a void, leaders must learn to see gaps not as failures but as spaces for strategy and innovation.

A classic case is that of underperforming staff or students. While society often labels them as failures, visionary leaders choose to believe otherwise. They recognize that the very act of showing up—despite odds—is itself an act of potential. The difference between mediocrity and mastery often lies in one person’s willingness to believe, support, and lead.

Leadership as Rebirth: The Power of Belief and Motivation

Allow me to share a personal journey. I was not always an achiever. As a student, I frequently took the last position in class. Yet, I had someone who believed in me—my mother. She never scolded me harshly for poor performance. Instead, she would say, “I believe in you. You can do better.”

Those words became the wind beneath my wings. That belief awakened a force within me—a motivation so deep that it outlived temporary setbacks. This is what transformational leadership looks like—the ability to see light in someone else’s darkness, and to fan that light until it becomes a fire.

Today, as I reflect on my journey from the margins to the center, from insignificance to influence, I recognize that my mother exemplified a rare leadership trait: empathy-driven empowerment.

Organizational Implications: Cultivating a Zero-to-Impact Culture

Executive leaders must realize that:

  • Every great organization was once a start-up.
  • Every top performer was once a learner.
  • Every innovation began as an idea—unfunded and untested.

The role of leadership, therefore, is to create a culture that values potential. This includes:

  • Encouraging innovation, even in its raw form.
  • Recognizing effort as much as achievement.
  • Providing continuous learning and development platforms.
  • Implementing mentorship and succession strategies.

A leadership culture that respects zero will never run out of value, because it knows how to generate greatness from nothing.

Conclusion: The Lasting Impact of Visionary Leadership

As James Allen so aptly put it, “You cannot travel within and stand still without.” Leaders who impact the world do not begin their journeys with applause; they begin with vision. They do not wait for momentum—they create it. They recognize that zero is not emptiness, but potential unexpressed.

Whether you are a CEO building a global firm, an administrator leading an institution, or a teacher shaping minds—you must never despise the days of little beginnings. Never underestimate the pregnancy of zero. Within it lies the blueprint for greatness.

Leadership Mandate: Birth Greatness from Dust

Just as God created a living being from dust, every executive leader is called to create value from vision, to transform ideas into influence, and to inspire people into their purpose.

Because in the end, it’s not how we started that defines us—but how we lead the journey from zero to impact.

 Dr. Tolulope A. Adegoke, AMBP-UN is a Recipient of the Nigerian Role Model Award (2024) and a Distinguished Ambassador For World Peace (AMBP-UN)

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Gov Aiyetadiwa: Driving Ondo’s Industrialization Vision with Passion

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By Ayo Oyoze Baje

“From Akure to Owo, Ilaje to Ifedore, we are beginning to witness development projects taking shape. Road construction, health facilities’ rehabilitation, and improvements in our schools are no longer mere promises but realities” – Abiodum Faleye ( former lawmaker, Ondo North Senatorial District )

Considered from a broad perspective, leadership success and a political one at that encompasses the unfailing principles of a deep understanding of the people’s most pressing needs, prioritizing such and addressing them through well articulated policies, programs and projects. One is talking about processes that are not only people – oriented but are sustainable. It takes not only a vibrant vision but the capacity to assemble like minds who share in such vision, along with pragmatic partnerships to pilot it across the stormy waters of the freaky economic waves to the harbour of the people’s collective hope. Yet, one significant factor which facilitates the dreams to reality is that of such a leader being fully prepared for the onerous tasks ahead, a hitherto elusive factor that has hindered development across some states in the country.

Interestingly, one of such a remarkable leader whose historic emergence in Nigeria’s political landscape has kept him in the public view since he assumed office in 2023 after the demise of former governor Rotimi Akeredolu is none other than Governor Lucky Aiyetadiwa of the Sunshine State, Ondo. But has he brought a sunshine smile to the faces of millions of the good people of the state? That is the million naira question. The answer is an emphatic “yes” in more ways than one. From impactful infrastructural development, quality education and healthcare delivery, fruitful agriculture, tourism to the innovative Ondo Global he has approached the industrialization of the state from a holistic perspective.

In terms of being prepared for the job, Lucky Orimisan Aiyedatiwa comes in as a thoroughbred Nigerianu businessman and politician Unlike most of his predecessors in office who were either teachers, or a lawyer. So, his approach to governance is driven by his wealth of experience garnered from the business sector. Also, he previously served as deputy governor of Ondo State from 2021 to 2023 under Governor Rotimi Akeredolu.

Well aware that whatever physical achievements are made in the absence of security would amount to nothing, Aiyetadiwa has sustained and built upon the Amotekun security initiative of his predecessor, Akeredolu. It is not surprising therefore, that the challenge of insecurity in the state has reduced over the past two years.

With regards to educational development, one of the most commendable achievements is the employment of over 2,000 teachers in both primary and secondary schools.The construction and renovation of schools are also a testament to the governor’s effort in making learning convenient and attractive for learners.This would reduce unemployment by providing jobs for many youths. By this he has demonstrated Bill Bradley ‘s statement that: ” Leadership is by empowering others to become better.

Equally praiseworthy is the payment of 82.6 percent of the state’s debt, which has gone a long way in stabilizing our financial system and restoring confidence in the state’s economy.

On infrastructural development for which he keeps receiving accolades,
his administration’s resolve to revive and complete several abandoned projects left behind by previous governments is praiseworthy. So is the construction of the 7km road at Gbangbalogun axis at Akure stands out. There is also the reconstruction and rehabilitation of over 60 kilometers of roads across various parts of the state. Apart from their even distribution this effort is making transportation easier for the citizens while improving access to economic and social opportunities. This is commendable, is it not? Of course, it is. But there are more reasons to understand why the people of Ondo State are full of praises for one of their own from the backwaters of Ilaje, currently becoming a game-changer in the state’s political history

In a similar vein, in the health sector, the governor’s intervention in upgrading 102 health centres has largely improved access to primary healthcare delivery. Governor Aiyedatiwa’s vision for food security, availability, and rural development are exemplary. As the major cocoa producer in Nigeria, there is growing focus on chocolate processing, with several initiatives aimed at boosting local value addition. The drawback however, is that a large portion of the beans are traditionally exported as raw material, resulting in a missed opportunity for revenue generation. To address this, the state government and private investors have been developing cocoa processing facilities, including the Johnvents Cocoa Processing Factory, to increase the amount of cocoa processed locally.

The state is actively pursuing the development of a deep-sea port at Araromi Seaside, also known as the Ondo Sea Port. This project is considered a key part of the state’s economic development strategy, with plans including a 75-kilometer stretch of unbroken Atlantic coastline and an adjacent Free Trade Zone. The deep-sea port is envisioned to be located two kilometers offshore. The governor has also emphasized the need for synergy among security agencies to protect border communities, which is likely related to the port development and its potential impact on the region.

“We have the longest coastline in Nigeria with the deepest draft. The process began under the last administration, and I’m committed to completing it. The deep seaport will be the first in Nigeria capable of handling modern vessels,” he added.

To bolster the vision of industrialization, Ondo and Bauchi states have partnered to attract $2.6bn investment to Ondo state.The high-level meeting, held recently in Akure, focused on plans to establish a fertilizer production and harmonial plant, alongside a petrochemical facility, all projected for completion within the next 12 months. The investment, is spearheaded by Residents Group Cement, with Dr. Abbas Waziri, Executive Director who accompanied Governor Mohammed on the visit. It is expected to significantly boost the state’s economy to create thousands of jobs, and enhance agricultural and industrial development.

In all of these outstanding achievements what make them impactful are predicated on the factors of being pro-people, employment generating, bearing improvement on the Human Development Index, HDI and sustainable. And as the seasoned journalist, who is the newly appointed Commissioner of Information, Idowu Ajanaku rightly highlighted they are inclusive and open to critical analysis,to bring out the best in them. That reminds us of the saying that: “Leadership is practised not so much in words as in attitude and actions” as aptly stated by Harold Geneen.

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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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