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Kaduna: Defence Capital Overrun by Terrorists

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By Eric Elezuo

“The security architecture of the Nigerian Defence Academy was compromised early this morning by unknown gunmen who gained access into the residential area within the Academy in Afaka. During the unfortunate incident, we lost two personnel and one was abducted – spokesman for the NDA, Major Bashir Jagira 

Statements as above give jitters to the spines of the regular citizen if the highly fortified fortress of the Nigerian Defence Academy could be compromised and penetrated by criminal elements. The story was initially treated as a fake news until the above statement by an authorised officer confirmed the situation. It is worthy of note that the said abducted officer, many months after, has not been located, and his whereabouts still shrouded in secrecy. That is the present situation of Nigeria’s defence capital, Kaduna. It is like the unheeded cries of the southern Kaduna indigenes have spread across the state.

Consequently, the recent attack on a Kaduna-bound train in Kaduna, Nigeria’s supposedly defence capital, came as an anti-climax. This is taking into consideration that the state over the years, especially in the last seven years when President Muhammadu Buhar and Mallam Nasir el-Rufai have held sway in the country and the state respectively, has been a massive field of sorrow tears and blood. The state for no known criteria, has come under the unconventional control of gunmen, formerly known as bandits, herdsmen, and rustlers but have been upgraded to the status of terrorists. It appears that with the name change, the criminals increased their spates of attacks and at locations hitherto unthought of, in spite of the heavy military and security presence in the state.

For the benefit of hindsight, the following exists in Kaduna: First Division, Nigerian Army; Nigerian Defence Academy; Armed Forces Command and Staff College, Jaji; Nigerian Air Force Base; Air Force Institute of Technology, AFIT; Ground Training Command; the Army Training Depot in Zaria; the Nigerian Military School in Zaria; Defence Industries Corporation, DICON; Nigerian Army School of Artillery in Kachia; Nigerian Navy School of Armament Technology; Command Engineering Depot and Command and Staff College and several other military formations.

Kaduna State is also host to the State Security Service Training Academy, a Police College, the Nigerian College of Aviation Technology, NCAT, in Zaria and Borstal Training College, among others.

By every indication, and given the intimidating number of heavy arm bearing establishments in the state, Kaduna is supposed to be a dread to bandits or terrorists. But the opposite is the case. The state’s Commissioner for Internal Security and Home Affairs, Mr. Samuel Aruwan chilled the spines of many not long ago, when he disclosed that over 222 persons were killed, and more than 774 kidnapped in the state within a period of three month (April to June, 2021). He said that Kaduna Central and Kaduna South senatorial zones recorded 159 and 54 deaths respectively, while Kaduna North had nine.

The Commissioner also said that in his first quarter report, 323 people were killed and 949 others kidnapped by gunmen between January and March of the same year.

The state, without mincing words, has lost its taste, and has become a killing field, providing cover for the murder of thousands of innocent civilians, before the criminals boldly shift target to the military, who they perceived to be just lame ducks. Kaduna State has more or less become a playground for bandits and kidnappers, who have now graduated from stealing of cows and overrunning of villages, to attacking military personnel, travellers on the Kaduna-Abuja highways and taking them hostage for money, and presently to high-jacking airports and preventing planes from taking off.

While the Minister of Transport, Rotimi Amaechi said that damage done to the facilities will gulp about N3 billion to repair, the Nigerian Railway Corporation announced the suspension of train operations along the route indefinitely causing further loss of revenue..

The train attack was coming after terrorists, numbering over 200, the weekend before invaded the Kaduna International Airport located in Igabi Local Government Area in Kaduna State, disrupting operation and killing one security personnel of the Nigerian Airspace Management Agency. The attack reportedly caused panic at the airport and grounded a Lagos-bound AZMAN aircraft scheduled to take off at 12:30pm. This time the marauders operated in full daylight

Earlier on January 1, 2020 armed men suspected to be kidnappers attacked an Abuja bound train with guns and other projectiles.

The train which left the Rigassa train station at around 10 am was attacked a few kilometres to Katari, about seventy kilometres to Abuja.

A passenger on the train said that the train came under what he called “ballistic projectiles attack” but no passenger was hurt in the incidence.

Again, on October 21, 2021 another Abuja bound-train was attacked with explosives suspected to be bomb by assailants, the second attack in a space of twenty-four hours.

A former Senator, Shehu Sani who was a passenger in one of the trains narrated their ordeal thus

“Yesternight, Bandits attacked the Kaduna-Abuja train. They planted an explosive that damaged the rail track and shattered the windshield of the train engine. They also opened fire, targeting the Driver and the Tank. It happened between Dutse and Rijana stations. The Driver struggled to move towards Kaduna Rigasa station.

The route closed for 48 hours as the Federal Government, completed its repairs and reopened it for public use. Amaechi, who inspected the facility before it reopening, said government was already working to apprehend those who bombed the facility, adding that he would meet with the Department of State Services and the Nigerian Army on the matter. As at date, no reported arrests have been made, rather the hoodlums are boldened by the day.

The minister, in addition promised the procurement of digital systems in order to enhance the security network on the railway.

He said, “The essence of the digital security system is to enable us to know when there is an impact on the rail. There is a sensor; when people cross the rail or do anything, we will be able to know and we will be able to forestall this kind of attack.”

As at the latest attack, no digital security system has been fixed.

Barely one week after the train attack, the terrorists brazenly attacked a military base at Birnin-Gwari Local Government Area of Kaduna State, killing at least 11 soldiers.

It was gathered that the terrorists, in large numbers on motorcycles, stormed the Polwire village where they engaged the soldiers. The soldiers were too daze to respond.

Lamenting the ordeal among supposedly fortified fortress, the Archbishop of Kaduna Diocese, Anglican Communion, Bishop Timothy Yahaya, said that the Federal Government should open recruitment depots across the country to recruit thousands of police and soldiers so as to wage war against the bandits because the criminals in the bush have outnumbered the security men fighting them.

In his own remarks, Kaduna State chapter Chairman of the Christian Association of Nigeria, Rev. Joseph Hayab, decried the killing of clerics in the state, saying that four pastors were killed while 18 were kidnapped since banditry began in the state. According to him, in 2019, CAN published records of kidnappings where it recorded a total of over 500 Christians who had been kidnapped.

Before the bold attacks on military installations and facilities, the terrorists have made do with invasion of villages and pocket abduction of school children.

The hoodlums had struck the Greenfield University located along the dreaded Kaduna – Abuja highway and seized 20 innocent students, five of who were brutally murdered before parents paid ransom for them to release the rest.

The military did not respond. Then the Nuhu Bamalli Polytechnic in Zaria was attacked where nine students and a lecturer were abducted. A whopping sum of N10 million exchanged hands before they were released a month after. The parents paid the sum. The security agencies and the Federal Government remained clueless

With the feeling of being dominant and untouchable, the criminals had in Kajuru, attacked the Emir’s palace, abducted the monarch and 13 other members of his household. Again, they struck at the Bethel Baptist High School along Kachia Road and reportedly killed two military men before making away with no fewer than 121 students. The release could only be effected when a N60 million ransom demand was paid by the parents.

President of the Nigerian Baptist Convention, Rev. Israel Akanji, regretted that despite their cry for help from the government, nothing came forth.

Speaking to newsmen a few days ago after the weekly Federal Executive Council meeting, the Minister of Defence, Major General Bashir Magashi (retd), assured that government was on top of the matter, and will fish out the perpetrators

“Honestly, I think the security chiefs are working hard to unveil those involved, and we will tell you very soon those carrying out these attacks,” he said.

But according to the Minister of Information, Alhaji Lai Mohammed, “The various arms of security are working night and day to unravel the mystery surrounding the attack as a whole. On the kidnapped people, what I can assure you is that the respective arms of government are working to get those victims released.

“It’s natural for anybody, who is a father or a mother of a kidnap person to be worried and to be concerned. But at the level of government, we appreciate that and we are leaving no stone unturned, but we’ll not give you the specific steps we’re taking.

“I think it will be counter-productive and will not help those who were kidnapped or help the security forces, who are tracing and ensuring that there’ll be no repeat of such attacks.”

But the Governor of Kaduna State, el-Rufai, has lost fate in the efforts of the federal government, and has proposed hiring mercenaries to fight the terrorists.

“That is why I have come to see Mr President and also I have said that, if these actions are not taken, it becomes a must for us as governors to take measures to protect our citizens, even if it means we will import mercenaries from outside the country to do it, if our soldiers fail,” the governor said.

But Mr governor also directed his anger to the south, asking why the killings are only happening in the north.

“It is certainly an attempt to cripple the economy of Kaduna and that of northern Nigeria entirely. All these are only happening in the north — it is a disturbing development.

“All these are happening in Kaduna because people are investing in Kaduna, that is what they want to stop, they want to spoil Kaduna, which is the nerve centre of the north — the nerve centre of Nigeria politics.

“Some people say they are doing it because of me; it is not because of me, they want to fight President Muhammadu Buhari, fight our party and fight the north.”

It is not known when or how Kaduna will know peace again, even with the heavy presence of the military and other security apparatuses. And to make matters worse, Governor el-Rufai is making the matter a party and sectional fight.
Kaduna is one of the most protected states in Nigeria. What is happening in the state at the moment is a testament that no state is safe in the country.
Time will tell!

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DIAMED CENTRE: Kesington Adebutu is a Father in a million – Daughter, Abiola Olorede

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By Eric Elezuo

A United States and United Kingdom trained prolific doctor, Dr. Abiola Olorede, the first daughter of accomplished businessman and renowned philanthropist, Sir Kesington Adebukunola Adebutu, is not a run-off-the-mill medical practitioner. She knows her onions, her worth and the mandate she is programmed to fulfill.

She is the Chief Medical Director of the just opened DIAMED CENTRE, a fully equipped diagnostic and medical facility saved with the responsibility of catering to the medical needs of the Nigerian public.

The hospital, which was built and handed over to her by her philanthropic father, is located at Kuboye Street, in the heart of Lekki Island, Lagos.

In this brief chat, the achiever, who lived most of her educational life in Dublin, Poland, expressed her gratitude to a father like no other, and how she and her team intends to make the best of the facility and equipment to totally affect humanity for the better.

Excerpts:

CAN YOU TELL US THE IDEA BEHIND THIS GREAT PROJECT?

Thank you very much, my name is Abiola Olorede, I am a medical doctor by profession. I schooled in Dublin, worked in the United Kingdom and in United States of America. When I came back home to Nigeria after my education including postgraduate studies, I realized that one of the major challenges is that a lot of the diagnostic tools that we need to use for evident-base treatment of our patient were lacking. Since then, I have always had a dream that when i am able to afford it, I will like to have a place that Nigerians can go to as comparable as those round the world because, just as I have always spoken about it, every Nigerian should have any treatment obtainable anywhere in the world in their home country.

CAN I DEDUCE THEREFORE, THAT YOU INTEND TO STOP MEDICAL TOURISM BY ESTABLISHING THIS ALL INCLUSIVE MEDICAL CENTRE?

Hmmm…Intend to stop is a very big word. I am hoping by the service we would offer here, a lot of Nigerians will see it as comparable to anywhere in the world and would want to use it instead of going out of the country. So, a lot of people that go out of the country can benefit from world class treatment in Nigeria.

SO OUT OF ALL YOUR DAD’S PHILANTHROPIC GESTURES, HOW DOES THIS ONE MAKE YOU FEEL?

If you noticed, the Kensington Adebutu Foundation, KAF, as it is fondly referred to, has major pillars and that’s education and health. It does a lot of other projects no doubt. I know that in any society, if the people are not educated, it’s a big loss to the country, if you don’t have the healthy workers too, it’s a big loss. So this brings out much of my pride in the service of Nigeria.

AS A PROUD DAUGHTER, WHAT MORE COULD YOU SAY ABOUT YOUR FATHER?

First of all, I would like to thank him. I tell everybody that he is father in a million. He supported his children over the years, financially, and with wisdom. I’m going up to 60, and my father still supports me pursue my dreams; it’s very rare. I want to thank him from the bottom of my heart. He’s always there, so thank you dad, you are a wonderful dad.

CAN YOU JUST ANALYZE THE KIND OF EQUIPMENT WE HAVE HERE?

We have a lot of facilities that are available, we have 3D monogram, it gives better images, and it’s less painful when you do that. We also have 64 high CT scan, digital X-rays, a lab, Haematology, Dialysis department, Dental suite, Opthalmology and Physiotherapy. We have a fully functional Pharmacy; so it’s like a one stop shop.

We have a Cardiac Suite where you can do ECO and other tests. We engage patients morning to night, make them comfortable as they get their test done. We don’t want you to feel you are in a hospital premises; you come from home and get all your test done.

WHAT DO YOU PROMISE NIGERIANS USING THIS FACILITY?

I promise Nigerians is that only experts, who will give the right diagnosis will be engaged here so we can give world class treatment and service. We want to use evidence and innovations to manage patients. Those are our promises to Nigerians and others as an organization and God will help us deliver all these promises.

AND HOW AFFORDABLE IS IT TO PATRONISE THIS PLACE?

We would try to make it cost effective in as much as medical care is not cheap. I tell people that being healthy is cheaper that being sick and that’s true, and that’s what we hope to accomplish. It is difficult to maintain some of this machines, some of them are very expensive so we must be able to recoop cost to get and replace equipment when due.

Thank you doctor Abiola, you have been very helpful and I wish you well in the management of this facility to the best interest of Nigerians. God bless you ma.

The pleasure is mine

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The Independence of the Judiciary in a Democratic Dispensation (Pt. 4)

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By Mike Ozekhome

Introduction

In the last part of this intervention, we examined the abuse of ex-parte orders as part of our survey of the independence of the judiciary. We then moved on to political pressures exerted on the judiciary. We continues with this theme today and extend economic/fiscal pressures which undermines judicial independence. We shall also x-ray the intellectual dimensions of the judicial remit as well as the relevant legal codes for their appointment. Come with me.

 

POLITICAL INDEPENDENCE (continues)

The duty of maintaining a Judiciary that is free from political influence, an independent and impartial Judiciary in line with section 17(2)(e) of the 1999 Constitution, rests on the honourable men and women on the bench, the political class, the other two arms of government and all and sundry. An independent Judiciary that inspires confidence is a sine qua non for sustainable democracy. Judges have a special role to reject any attempt to undermine the independence of the Judiciary in this dispensation. It is sacred! The admonition of Hon. Justice (Prof.) A.F.D. Kuti in this wise is instructive.

“Of course, judges make laws by interpretations, as judges, by nature and training do not succumb to partisan considerations they are political, they should be abstinat a fabia. They must not allow themselves to be torn apart by any form of differences in our societies… The judges have a duty to chart an independent course and let it be known that the independence of (the) judiciary is of vital importance to the democratic process to maintain Human Rights Provisions and to maintain the non-adoption of sate Region… The Judiciary itself must be like Cinderella living in a glass house, above board like Caesar’s wife, also above suspicion”.

Economic/Fiscal Independence

It is a trite warfare strategy that the easiest way to weaken an army and overrun it is to cut off its supplies and starve it. Vital in the question of independence of the Judiciary is the issue of fiscal autonomy, and proper funding. As soon as we institutionalize the practice of judicial officers going cap in hand to beg for funds from the Executive, the idea of independence of the Judiciary has been trampled upon and blown into smithereens! Independence must involve economic ‘self-reliance’ and fiscal autonomy. By these, we mean that the Judiciary under this dispensation should always be able to have the funds due to it constitutionally falling directly to it without having to approach the Executive for any form of lobbying before funds can be released to it. The Constitution has substantially taken care of this area. It only remains for the frontiers of fiscal autonomy to be widened so that the Judiciary, (especially State Judiciaries) would be able to carry out capital projects so as to maintain befitting physical infrastructure for the Judicial institution. Agbakoba has argued that:

“Judicial Independence is meaningless if it is not accompanied by economic independence. Dishonest judicial staff has no credible claim to judicial independence. It is necessary to take steps to ensure that judges and magistrates can enjoy a professional status capable of guaranteeing them the required amount of professional independence coupled with an adequate remuneration package that can effectively isolate them from pecuniary pressures.”

In Nigeria and under this democratic dispensation, some jurisdictions have had to contend with dilapidated office buildings, inadequate supplies and regular power outages. Starvation of funds is a weapon used by the Executive, the keeper of the Federation purse, to achieve a balance of judicial power by giving judicial officials a sense of economic/fiscal dependency.

To stave off starvation of funds, many countries have had to increase budgetary allocations significantly in favour of the judiciary both to provide adequate physical facilities and to allow for the continuing education of judges, magistrate and their staff. In some cases, as in Madagascar, this new approach has resulted in the establishment of a school solely dedicated to the training of judicial personnel.

The poor state of fiscal ability of the Judiciary in Nigeria today aptly depicts the observation of the Federalist, Alexander Hamilton that:

“The Judiciary is beyond comparison the weakest of the three departments of power. It has no influence over either the sword or the purse; no discretion either of the strength or the wealth of the society; and can take no active resolution whatever. It may be said to have neither FORCE NOR WILL, but merely judgment.”

Although the salaries and recurrent expenditures of the Judiciary are constitutionally charged upon the Consolidated Revenue Fund, it does not appear that the Constitution specifically ensures the provision for the capital expenditure of the Judiciary. This is another ploy to still keep the Judiciary low and check its ferocity in holding the balance over government excesses. There are other pockets of ploys and half-truths.

It has, for example, been argued from the Bench that the concept of accountability has often been relied upon to justify restricting the administrative independence of the Judiciary. The Executive must, in this democratic dispensation, allow unfettered fiscal independence for the judiciary by freeing its funds from all restrictions so that judges do not have to continue to go to the Executive to seek for funds for capital projects and recurrent expenditure or extra budgetary expenses.

Judicial accountability, in fact, complements and reinforces judicial independence by creating the public confidence on which judicial independence ultimately depends. There is no gainsaying that the point is sometimes made that in relation to their judicial functions, judges are subject to a higher degree of accountability and transparency than any other public officers, or even with the present democratic dispensation, than indeed any holder of political office, be they ministers or special advisers or chairmen or members of parastatals.

It has also been argued from the Bench that financial independence of the Judiciary can only be guaranteed where the ‘order’ allows physical projection and administrative control of finances by officers accountable to the Judiciary.39 The notion of Independence of the Judiciary would remain mere rhetoric without complete fiscal autonomy for the Judiciary.

Intellectual Independence

This subhead is used here in a technical sense as an issue of judicial independence. But, it can best be described by the story in the Bible of Israel’s sojourn in the land of Egypt. A wicked king that hated the Hebrews and was afraid of their independence and prosperity had given an instruction to midwives in this manner,

“When ye do the office of a midwife to the Hebrew women….if it be a son, then ye shall kill him but it if be a daughter, then she shall live…Every son that is born ye shall case into the river, and every daughter ye shall save alive.”

Pharaoh preferred Hebrew females because he was afraid of male power in the event of war with the Hebrews. The same stratagem has been employed to destroy the intellectual vibrancy of the judiciary so as to weaken its independence. The calibre of judges that can stand their ground against assault on judicial independence are those imbued with high independent, incorruptible and analytical mind laced with profound intellectual fecundity. While the High Court Bench has a mixed multitude of judges, the Court of Appeal and the Supreme Court are filled with such high calibre of intellectually vibrant and independent-minded justices. This would explain why the Court of Appeal and the Supreme Court have not only set impressive records of independent-mindedness and incorruptibility. Those two courts can hardly be faulted in the area of independence and absence of external influence. The problem of intellectual freedom mainly lies at the High Court Bench, and the lower benches.

Appointment

By virtue of section 250(3), 256(3) and 271(3) Constitution of the Federal Republic of Nigeria 1999, a person shall not be qualified to hold office of Chief judge or a judge of the Federal High Court, Chief Judge or a judge of the High court of the Federal Capital Territory and a judge of a High Court of a state, respectively:

“Unless he is qualified to practise as legal practitioner in Nigeria and has been so qualified for a period of not less than ten years”.

We are not really concerned here about the procedure for appointment of High Court judges. What has threatened the system with collapse is the bare assumption in these constitutional provisions that tends to imply that once a person has spent ten years on earth since he/she was called to the Bar, the person automatically has all the intellectual capability to be appointed a judge.

More than anything else, judicial incompetence (encompassing law intellectually, law productively etc) has contributed to rob the Judiciary the necessary intellectual freedom it needs to assert and guard its independence. According to Schewart:

“The quality of justice….depends more upon the quality of the men who administer the law then on the content of the law they administer.”

In his keynote address at the recent Bar Conference at Enugu, Chief Afe Babalola, SAN, observed on the constitutional qualification for appointment as a judge as follows:

“This allows great latitude for the appointment of ‘any lawyer’ who has met the ten years requirement regardless of where he is prior to his appointment. This explains why a new wig from the Nigerian Law School who, immediately after his call (and probably Youth Service) went straight to work in a company, multinationals and the life without any experience whatsoever in practice could be and are being appointed as High Court Judge”.

At the swearing in of the new Senior Advocates of Nigeria on Monday, September 8, 2003, the Honourable Attorney-General of the Federation and Minister of Justice, Chief Akin Olujinmi, SAN hinted that more stringent criteria for appointment of judges would be introduced. According to the Chief Law Officer of the Federation:

“We will propose that only those who can furnish evidence of contentious cases they handled in the Supreme Court, Court of Appeal and the High Court within, say, three years preceding their application should be considered for appointment. By so doing, it will be possible to select only seasoned practitioners to occupy positions on the Bench.” (To be continued).

Thought for the Week

“I believe that an independent judiciary is the crown jewel of our constitutional republic. Brett Kavanaugh”. (Charles Evans Hughes).

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FG Dismisses Dangote Petroleum As Inferior, Says Refinery Not Yet Licenced, Not Completed

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