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Goodluck Jonathan is Constitutionally Qualified to Run for Presidency

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By Chief Mike Ozekhome, SAN, OFR, FCIARB, LL.M, Ph.D, LL.D.

INTRODUCTION

Nigeria is a country of one major news item per day. At times, one scandal per day. The hot issue in the polity currently generating national ruckus, hoopla and bedlam is the presumed intention of Dr Goodluck Ebele Jonathan to run for the 2023 presidency. It does not matter that he has never himself confirmed to anyone, the swirling rumour about his purported planned defection from his opposition PDP party under which he was once elected President, to the ruling APC party. The discussants are prepared, as in now commonplace in Nigeria, to predict and to shave his hair in his absence.

I have carefully read the many arguments of those (I call them antagonists) who believe that Dr Goodluck Ebele Jonathan is disqualified from contesting the 2023 presidential election. According to them, he had already done two terms of 4 years each and will thus be ineligible to contest for a third term. They cite the Fourth Alteration (No 16) Act, which was signed into an Act by President Muhammadu Buhari on the 11th of June, 2018. The section they are relying on is section 137(3) of the said Fourth Alteration to the 1999 Constitution, which provides that “a person who was sworn in to complete the term for which another person was elected as president shall not be elected to such office for more than a single term”.

THE ANTAGONISTS ARE DEAD WRONG IN THEIR LEGAL POSTULATIONS

The truth of the matter is that the antagonists of Jonathan running in 2022, in their strange line of argument, are mainly relying on the above section 137(3). They have probably not adverted their minds to the provisions of sections 141 of the Electoral Act, 2010, as amended; and section 285(13) of the same Fourth Alteration to the 1999 Constitution, as amended, the very Alteration they are relying on. More revealing is that these antagonists are probably not aware of an extant and subsisting Court of Appeal decision where Jonathan was frontallly confronted and challenged before the 2015 presidential election, with the same ground of being ineligible to contest the said 2015 election, having allegedly been elected for two previous terms of office. The very section 137(3) being relied upon by the antagonists, was signed into law in 2018, three years after Jonathan had left office; and 7 years after he took the oath of President upon Yar’Adua’s demise. Can Jonathan be caught in the web of section 137(3) retrospectively? We shall see that anon.

The case of Jonathan running had been challenged in CYRIACUS NJOKU V GOODLUCK EBELE JONATHAN (2015) LPELR-244496 (CA). In that case, the Court of Appeal, Abuja Division, held that President Goodluck Jonathan had only taken the oath of office once and therefore upheld his eligibility to contest the then Nigeria’s presidential election slated for March 28, 2015.

The intermediate court held that the oath of office President Jonathan took in 2010 was merely to complete the “unexpired tenure” of late President Umar Yar’Adua, who had died while in office as President.

The appeal had been lodged before the court by one Cyriacus Njoku, who had challenged the ruling of the High Court of the Federal Capital Territory, Abuja, which on March 1, 2013, had dismissed the suit he filed to stop President Jonathan from contesting the 2015 polls.

In the lead judgement delivered by Justice Abubakar Yahaya, the full panel of the court unanimously held that President Jonathan had only spent one term in office as President, going by the provisions of the 1999 Constitution.

Recall that the then Vice President Jonathan had been empowered as Acting President on February 9, 2010, following a motion for operation of the “doctrine of necessity”, by the Senate, owing to the protracted stay of late President Umaru Yar’Adua in Saudi Arabia on medical grounds.

When President Yar’Adua eventually died on May 5, 2010, Jonathan was sworn in as president to serve the unexpired residue of office of Yar’Adua. Jonathan was later elected President in 2011 for the first time, on his own merit, after he contested the election.

Mr. Njoku had contended in his suit that Jonathan had already taken the oath of office and allegiance twice and therefore, should be disqualified from contesting the 2015 election, as any victory he secured would amount to being sworn in thrice.

However, the Court of Appeal held that the oath that Jonathan took in 2010 was merely to complete the unexpired tenure of late Yar’ Adua; adding that by virtue of Section 135 (2)(b) of the 1999 Constitution, Jonathan only took his first oath in May, 2011; and not May 5, 2010, when he succeeded late Yar’ Adua. The Court of Appeal further held that disqualification is through election, not oath taking.

The intermediate court’s luminous judgement read in part:

“In this appeal, it is not controverted by the appellant that the first oath taken by the first defendant (Jonathan) was the oath he took as the Vice President and not as President… But he took the oath in May 2010 to complete unexpired tenure of late Umaru Musa Yar’Adua. Section 37(1)(b) disqualifies a person from contesting for president if he had been elected twice. Disqualification is through election and not oath taking. Election is a process of choosing a person to occupy a position by voting. When election is given its literal meaning, it connotes when a voting is employed to choose a person for political office. This did not take place when Jonathan stepped into the shoes of his Principal who went to the great beyond. To say these things were done is to import words not used by the constitution.‎ Section 146(1) of the constitution cannot be deemed an election for a VP to step into the office of a President. Election involves conducting primaries by party, nomination, election and announcement of results. All these processes were not done. If a VP succeeds a President that dies, that cannot be challenged. It is a mode of stepping into the vacant office provided for by the constitution. When a President dies, the Vice President automatically becomes President as provided for by S130 (1)(2) of the 1999 constitution… It was not election that produced the first respondent in May 2010, the oath he took then was not an oath of elected President as provided for by Section 180 of the constitution. The process of election was followed in 2011. The oath of office taken in 2011 was the first oath taken by the first respondent as an elected President having fulfilled all the process of election.… Again, the succession of a Vice-President to the office of a President who died, in accordance with Section 146(1) of the 1999 Constitution, cannot be “deemed an election”, especially for the purpose of taking away a right that has been vested. As stated earlier, an election under the 1999 Constitution involves primaries, nominations, voting and declaration of results. That is the mode prescribed in electing a President, and once it is so prescribed, it must be followed, and no other method can be employed. All these processes can be challenged in a Court of law and if successful, the election would be annulled. But if a Vice-President succeeds a President who died, that cannot be challenged because it is a Constitutional provision, and the succession cannot be annulled. It is a mode of assumption to the office of the demised President, an ‘appointment’ by the Constitution, as it were, as no letter of appointment is necessary from anybody. The Vice-President automatically becomes the President, by virtue of his being the Vice-President. An example can be found in Section 130(1) and (2) of the 1999 Constitution.” Per ABUBAKAR DATTI YAHAYA, JCA (Pp 40 – 41 Paras E – D)

The Court of Appeal further upheld the decision of the lower court which had dismissed Mr. Njoku’s suit for lack of locus standi. It noted that “it is fundamental that where a party lacks locus, the court cannot assume jurisdiction….We agree with the lower court that the appellant has no locus to sue”.

On the question of the cause of action, the court held that the case of the appellant was “speculative and imaginary as none of the reliefs he sought accrued to him any benefit”.

Indeed, the Court of Appeal had awarded the sum of N50, 000 each as cost to the defendant, President Jonathan.

DID PRESIDENT JONATHAN SATISFY THE PROVISIONS OF THE CONSTITUTION AND THE ELECTORAL ACT WHEN HE SUCCEDED YAR’ADUA IN MAY, 2010?

For a candidate to be declared elected winner, he must have participated in all the stages of the election. These are the words of section 385(13) of the Fourth Alteration to the 1999 Constitution and section 141 of the Electoral Act, 2010, as amended. They provide that “an election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person have not fully participated in all the stages of the said election”.

Surely, when President Jonathan in May, 2010 stepped into the shoes of late President Yar’Adua, he merely fulfilled constitutional provisions. He did not and could not have participated in all stages of the election such as to be deemed to have been a candidate. It was not an election, but the “doctrine of necessity”, that made him President. In the eye of the law therefore, Jonathan never contested any election. See the cases of MODIBBO V. MUSTAPHA USMAN & ORS (2020) NWLR (Pt 1712)470 (SC); OZOMGBACHI V. AMADI (2028) LPELR-45152 (SC); CPC V. OMBUGADU (2013) LPELR-21007 (SC); PDM & ANOR V. INEC (2020) 17 NWLR (Pt 1753) 303 (SC).

NO ONE IS ASKING FOR TENURE EXTENSION FOR JONATHAN

The case of SENATOR RASHIDI LADOJA V. INEC (2007) 12 NWLR (Pt 1047)119 (SC) is quite distinguishable from the Jonathan scenario. The Supreme Court held in that case that neither it nor any other court has the power to extend the period of four years prescribed for a Governor of a state beyond the terminal date of either 4 years or cumulative 8 years.

This also accords with the case of MARWA V. NYAKO (2012) 6 NWLR (Pt 1296) 199 (SC), where the apex court described the time fixed by the Constitution for doing anything as “immutable, fixed as the rock of gibrata which cannot be extended, elongated, expanded, or stretched beyond what it states”. See also section 180(1),(2) and (3); and section 182 (1)(b) of the 1999 Constitution.

Indeed, in dealing with the amendment of July, 2010, in section 180(2) (2A), the Supreme Court again kicked against retrospectivity in the same MARWA V. NYAKO (supra), when, coram Adekeye, JSC, it declared: “The amendment of July, 2010, is not meant to be retrospective as the event in this appeal occurred in 2007 and 2008 respectively. The amendment has not changed the law, but is merely a clarification to the existing provision”

RETROSPECTIVITY OF LEGISLATION

Aside Jonathan being completely cleansed of the virus of ineligibility to contest the 2023 presidential election by the still extant Court of Appeal decision in Njoku’s case, as Naaman the leper was, after dipping himself in the River Jordan seven times, Jonathan is also aided by the golden canon of interpretation to the effect that an enactment does not operate retrospectively or retroactively to take away from citizens, enured and vested rights.

We may now ask the question: What is the effect of Buhari signing into law section 137(3) of the Fourth Alteration to the 1999 Constitution in 2018? The answer is found in section 2 of the Interpretation Act which provides that:

“1. An Act is passed when the President assents to the Bill for the Act, whether or not the Act then comes into force;

2. Where no other provision is made as to the time when a particular enactment is to come into force, it shall, subject to the following subsection, come into force
a. In the case of an enactment contained in an Act of the National Assembly, on the day when the Act is passed;

b. In any other case, on the day when the enactment is made”.

It is therefore clear from section 2 of the Interpretation Act that section 137(3) of the Fourth Alteration to the Constitution took effect from 11th June, 2018, when President Muhammadu Buhari assented to it, and not earlier. Section 137(3) is anchored on section 318(4) of the 1999 Constitution which provides that, “the Interpretation Act shall apply for the purposes of interpreting (its) provisions”.

Section 137(3) is one piece of legislation that can be termed retrospective or retroactive legislation, and it is frowned upon.

On retrospectivity of legislation, the apex court, coram Justice Kekere-Ekun, J.S.C, held in the case of SPDC V. ANARO & ORS (2015) LPELR-24750(SC) at (Pp. 64 paras. B), thus:

“There is a general presumption against retrospective legislation. It is presumed that the legislature does not intend injustice or absurdity. Courts therefore lean against giving certain statutes retrospective operation. Generally, statutes are construed as operating only in cases or on facts, which come into existence after the statutes were passed unless a retrospective effect is clearly intended. It was held inter alia, in: OJOKOLOBO VS ALAMU (1987) 3 NWLR (Pt.61) 377 @ 402 F-H that it is a fundamental rule of Nigerian law that no statute shall be construed to have a retrospective operation unless such a construction appears very clearly in the terms of the Act or Law; or arises by necessary and distinct implication. See also: Udoh Vs O.H.M.B. (1993) 7 NWLR (Pt.304) 39 @ 149 F – G; ADEGBENRO VS AKINTOLA (1963) All NLR 305 @ 308.”

Similarly, in ALEWA V. SOKOTO STATE INEC (2007) LPELR-8388(CA) (PP. 32 PARAS. A), the Court of Appeal, per Ariwoola JCA (as he then was), held thus:

“It is however settled law that, unless the law makers expressly state otherwise, a statute operates prospectively but not retrospectively. It is a cardinal principle of English Law that no statute shall be construed to have retrospective operation unless such a construction appears very clearly in the terms of the Act, or arises by necessary and distinct implications. The position is the same in this Country. In OLANIYI VS. AROYEHUN (1991) 5 NWLR (pt 194) 652, the Supreme Court held that:- “A construction like other statutes operates prospectively and not retrospectively, unless it is expressly provided to be otherwise. Such legislation affects only rights which came into existence after it has been passed.” See also; CHIEF C. ODUMEGWU OJUKWU VS. CHIEF OLUSEGUN OBASANJO & ORS. (2004) 7 SCM 53 at 93; AFOLABI & ORS. V. GOVERNOR OF OYO STATE (1985) 2 NWLR (pt 9) 734; OJOKOLOBO VS. AREMU (supra);
ADESANOYE V. ADEWOLE (supra) at 147 B-C & D-E; West v. Gwyne (1911) 2 CH 1; A.G. Federation v. A.N.P.P. (2003) 15 NWLR (844) 600 at 648 G -H; SA’AD V. NYAME (2004) All FWLR (201)1678; EGUNJOBI V. FRN (2012) LPELR-15537(SC), (PP. 34-35 PARAS. F); ADEGBENRO V. AKINTOLA (1963) 2 SCNLR 216; ADESHINA V. LEMONU (1965) 1 All NLR 233; THE SWISS AIR TRANSPORT CO. LTD V. AFRICAN CONTINENTAL BANK LTD (1971) 1 All NLR 37; ATTORNEY GENERAL EAST CENTRAL STATE V. UGWUH (1975) 5 SC 13″.

Indeed, section 4(9) of the Constitution strips the NASS “in relation to any criminal offence”, the power to “make any law which shall have retrospective effect”. Though this section specifically deals with criminal offences, judicial decisions clearly show that it operates with equal force to civil matters.

Thus, in MODU V. FRN (2016) LPELR-40471 (CA), the intermediate court held that:
“The argument that the Interpretation Act applies to civil legislations only is not only untenable but flawed. A legislation is a legislation and there is nothing in the Interpretation Act to indicate that it only applies to civil and not criminal legislations”. Per YARGATA BYENCHIT NIMPAR, JCA (Pp 18-18 Paras C-E)

CONCLUSION

For those who were too young to know that Jonathan left office since May 29, 2015, the oath of office and oath of allegiance which he subscribed to in 2015 were taken prior to the enactment of section 137(3) of the Constitution in 2018. Consequently, as held in MODU V. FRN (supra), all rights, duties, obligations and interests created under section 137 (3) are inapplicable to his rights, duties and obligations which had accrued to or enured in him before the said enactment.

Thus, the court held in the case of the ATTORNEY GENERAL OF THE FEDERATION V. ALL NIGERIAN PEOPLES PARTY (ANPP) & 2 ORS. (2003) 15 NWLR (Pt. 844) 600 @ pages 648-649, paras. E-B, that:

“A statute is deemed to be retrospective where it takes away any vested right acquired under existing laws or creates a new obligation or imposes a new duty or attaches a new disability in respect of transactions or considerations already past… Based on the presumption that a legislature does not intend what is unjust, the courts have always leaned against giving statutes a retrospective effect and usually regard them as applying to facts or matters which came into existence after the statutes were passed unless it is clearly shown that a retrospective effect was intended by the legislature. In the instant case the constitution came into being on 29th May, 1999 and all rights, liabilities and privileges as contemplated by the circumstance of the arose as of that day. Consequently, its provisions can only be read prospectively.”

Furthermore, the court held at page 649, paras. C-D; 661-662, paras. F-C; 665, paras. A-B as follows:

“One of the cardinal principles of interpretation of statutes is that no rule of construction is that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation otherwise that as regards matters of procedure, unless that effect cannot be avoided without doing violence to the language of the enactment…”.

The court nailed it when it held at page 667, paras. C-D that:

“A constitution, like other statutes, operates prospectively and not retrospectively unless it is expressly provided to be otherwise. Such legislations affect only rights which came into existence after it has been passed.”

A cursory examination of the various provisions of the Constitution and all the appellate court decisions cited above make it crystal clear that the speculated disqualification of Dr Goodluck Ebele Jonathan is grossly misconceived by the antagonists, as the Constitution must be progressively and not retrogressively construed; prospectively and not retrospectively interpreted. More significantly, the Alteration Act itself does not make any express provision that the said inserted sub-section 137(3) would operate retrospectively. To that extent, the principle of expressio unius est exclusio alterius (the express mention of one thing is the exclusion of others) applies here. See MADUMERE & ANOR V. OKWARA & ANOR (2013) LPELR-20752(SC).

It is clear that those deliberately or erroneously misinterpreting the clear position of the law may be baying for Jonathan’s blood, possibly as a potential candidate who may subvert the chances of their preferred candidates. I do not view issues from such narrow ad homine prism and blurred binoculars. It will be grossly unfair, unconstitutional, unconscionable and inequitable to deny Jonathan of the right to contest the 2023 presidential election when our extant laws and appellate court decisions permit him to. The question of whether Jonathan really needs to subject his glittering credentials and internationally acclaimed reputation to the muddy waters of a fresh competition with persons, some of whom were his personal appointees as president, is another matter altogether. Only him, and not the present state of the laws in Nigeria, can answer that question and decide his own fate. But, as regards his eligibility to contest, Dr Goodluck Ebele Azikiwe Jonathan is pre-eminently constitutionally, morally and legally qualified to contest the 2023 presidential election. So, run, run, run, GEJ, if that is your wish and desire. Goodluck to Goodluck.

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Opinion

VOSO: God’s Gift to Mankind, and His People Knew Him Not

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By Prof Soji Adejumo

Writing a tribute on Dr. Victor Omololu Sowemino Olunloyo is like carrying out an anatomy on a mathematical, musical and philosophical genius. It’s a rare combination in a human being. A philosopher, a psychic, a mystic and a poet.

“The memory of a great man is like a candle in the darkness, illuminating our path and guiding us forward”

If mathematics, music, the literary arts and philosophy are codified into an earthly religion, Dr. Omololu Olunloyo would be its high priest. Dr. Olunloyo ministered at the altar of the highest intellectual faculties.
In a scenario akin to general relativity, writing a tribute on this intellectual enigma is like reworking different tributes Dr. Olunloyo has written on tens of other people over the course of six decades. In each tribute is a tribute on himself. when his official biographer informed me of his commission to write his biography, I knew the task would be simultaneously difficult and easy. Easy because, the great man has written or contributed to so many lectures, books, monograms and other publications that you can find part of his autobiography in every publication. The difficult part is it would take a very high degree of ingenuity to unravel and put together all those pieces of auto-biographical works. He has expressed parts of himself in all his literary works.

My personal relationship with Dr. Omololu Olunloyo started in 1968 when I got admitted into Ibadan Grammar School and he was the Commissioner for education in the cabinet of the then Colonel Adeyinka Adebayo. My late father was the Vicar of St David’s Church kudeti and his in-law as Dr. Olunloyo was married to my aunty Funmilayo who is my father’s cousin. We are both descendants of priests as my father, grandfather and Dr. Olunloyo’s grandfather were Anglican priests. His father and my grandfather (The late Rev. J.S. Adejumo) were founding members of the Ibadan progressive Union (IPU).

However, his influence on my life started during my first year in Ibadan Grammar School in 1968 when I was awarded the Western State Government Scholarship for my “0” Levels. I later went on to receive the C Zard Scholarship for my higher school certificate “A levels”. After my higher School course, I started making plans to travel abroad for my university education.

Meanwhile, I had been offered a direct entry admission to the University of Ibadan but I did not accept the offer, neither did I decline or defer it. I simply ignored it until the offer lapsed. Unfortunately, my quest to travel abroad fell through and I decided to take up the University of Ibadan offer which had already expired. I ran to Dr. Omololu Olunloyo. I caught up with him in his office at the department of Mathematics in the University and explained my plight along with my expired admission letter. He jumped into his car and we drove straight to see the University registrar. The registrar was Mr. S. J. Okudu. VOSO simply marched into the office with me in tow and started a monologue with the registrar. I remember his words very clearly “My nephew had an admission which had lapsed, I would want you to resuscitate the admission now so he can start his enrolment and make the matriculation” Mr. Okudu was trying to let him know it was a bit difficult but VOSSO would not listen. He was offered a chair but he refused it and said he only wanted my admission letter resuscitated. After marching up and down the registrar’s office for several minutes still reciting his monologue, the registrar called the admissions officer and directed that a fresh admission letter be issued to me. That was how I entered the University.

Due to my late admission, I had a bit of an initial challenge with accommodation and I was practically living with him and that was the beginning of a ritual he initiated me into. It was a ritual which started early on Sunday mornings and ended very late in the evening. I was already a prolific pianist, organist and music enthusiast and Dr. Olunloyo had started acquiring a vast library of classical music which has become a collector’s dream anywhere and in any locality. We would start the day with classical music by the greatest composers in the likes of Beethoven, Mozart, Bach, Handel, Schuman, Tchaikovsky, Chopin etc and also the works of celebrated conductors, pianists, violinists and soloists. He had the music on vinyl records in those days and also the sheet music scores of some of them. I would play some of the scores on his piano and he would give me a comprehensive lecture on every piece and the history and background of the composers including information not readily available on some of them. The sessions would be generally serviced with surplus bottles of cold beer and fried chicken. I would leave the sitting room at the end of the day with wobbly legs and go to the lecture room the following day with a hangover. That ritual lasted till the end of the first term when I realized I would have to make a choice between acquiring an external “degree” in music and entertainment in Dr. Olunloyos house or a degree in Animal Science from the University. I opted for the latter and gradually weaned myself of the odd bucolic routine but our mutual bond with music lasted till his transition. Thankfully he got a federal government appointment as the head of the National Science and Technology Development Agency and that enabled me to escape temporarily from the music/beer and chicken ritual. However, when I finished my undergraduate degree, I went to him and asked for employment in his agency. He flatly refused and commanded me to get back fully into pursuing a goal of acquiring postgraduate degrees before looking for any type of employment. He said he could employ me instantly and post me anywhere in the country but he would not as he wanted me to go back to the University. I was initially disappointed by his stance of which my father was extremely happy and contented. The oracle has spoken and he must be obeyed. I ended up with a doctorate. A few weeks after my doctorate degree he was given the governorship ticket of the NPN and I was extremely sad because many of us younger ones considered Chief Obafemi Awolowo as a mini god and the anointed savior of Nigeria and Yoruba people. Those not in the Action group were considered traitors. More so Uncle Bola Ige was an Old Boy of Ibadan Grammar school and my father’s junior in the school. I was a political neophyte at the time. In annoyance, I went to Dr. Olunloyo’s house where I met a huge number of NPN bigwigs eating and drinking and various groups were huddled together in meetings. I went upstairs where Auntie Funmilayo also served me a plate pounded yam and isapa vegetable (which was an unusual soup in Ibadan) soup with the traditional beer to complement it all. In the course of the meal. VOSO came up and saw me but before he could talk, I got up and asked him why he would commit a sacrilege by aligning against Chief Awolowo and Uncle Bola Ige. The great VOSO completely ignored the question only to simply ask why I was sweating in the room. I replied, it was due to the hot Pounded yam and the equally hot isapa vegetable soup. He nodded and said, “keep eating the pounded yam and the soup, as soon as you finish it just go and leave the politics to us”. With that he left the room! That was vintage VOSO, the man who will later award the title of Ooni of Molete to himself!

Several years later, we rekindled our Sunday afternoon ritual of music but now without the beer and chicken but we would still spend hours in his Molete library playing amid listening to the great classicals. Over a course of about 60 years, he has acquired such a huge and unmatchable library of music in Cds, DVDs and Books with an auction value running into million of dollars. A few years ago, I asked him what plans he had for the protection and preservation of the INESTIMABLE collection of books and music in his library and he told me what he had done, which I believe will help to preserve this rare library in all its glory and also in its original form. The genius in VOSO can never be matched or replicated in an ordinary mortal. It is simply impossible. He had the most historical and mathematical mindset like no one else I knew on earth. He had the rarest of books on mathematics and on music that would require a trip to the ends of the earth to find them. From books on “the mathematics of music”, to “the music of mathematics” and on the origins of algebra and the theory of numbers, he had them. He would spend hours explaining concepts that were completely alien to me about mathematics and I dared not let the genius, the deity, know I was not comprehendimg anything!
He shocked me one day when at a public lecture I was invited to deliver at the Omolewa nursery and primary school 50th anniversary, he took the microphone and announced that I am a genius of musical interpretation because I recognized what Wolfgang Mozart did even before coming into contact with his iconic works on them. This was simply because I had attempted to transpose a solo aria “Rejoice Greatly, O daughter of Zion” from Handel’s Messiah from soprano to tenor as the organ accompanist for its performance because the soprano could not achieve the high vocal notes of that piece, after many failed attempts. I was convinced that the vocal registers of west African Voices may be deeper or lower than European vocal boxes and so I considered a lower transposition a good option. However, my senior organist absolutely refused as he considered it a treasonable offence to tamper with the great Handel’s tonal arrangement. I reluctantly abandoned that experiment.

A few weeks later, during our routine Sunday ritual, Dr. Olunloyo asked us to listen to Mozart’s rearrangement of Handels’ Messiah. That was my first time of knowing that Mozart dared to rearrange the Messiah. We started to play the cds and when it got to “Rejoice greatly….” the arrangement was sung by a Tenor!!! I was enthused and out of excitement I narrated my attempts and how Mozart had proved me right. Note though, that Mozart only dared to tread because Handel was no longer alive at the time. Since then, he kept calling me a genius of musical interpretation!

But VOSO had the last word — After the oratorio, he asked me the fundamental difference between the works of Handel with other European composers and with Mozart’s works. Before I could muster an intelligible answer, He quickly emphasized that Mozart’s works were more German than any other German or European composers because his compositions were harsh just like the German language! He now proceeded to lecture me on how the tonal linguistics of the German language is the harshest in the world. His lecture would have generated a huge and robust discourse in linguistics.

I am not sure the world really knew the depth and content of Dr. Olunloyo’s brains. The same genius he had in Algebra Geometry, he possessed in Poetry, music and culture. He was the Nigerian version of the Greats, like, Albert Einstein, Leonardo da Vinci, Isaac Newton, Stephen Hawking, Nikola Tesla, etc. Truly and Truly, a star has fallen. The shining light is dimmed. Good night and rest in peace, Great Master and Genius

Prof Soji Adejumo is the Ajiroba of Ibadanland, and Asipa Olomi of Omi Adio

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Opinion

Ovation International: African Dream Globally Projected

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By Dr. Sani S. Baba

In a world where African stories were too often filtered through the lenses of poverty, conflict, and underdevelopment, one man dared to reframe the narrative. That man is Chief Dele Momodu, and his creation Ovation International Magazine became the bold lens through which Africa’s glamour, success, and brilliance could finally be seen, appreciated, and celebrated. How Momodu’s vision transformed Africa’s narrative, created opportunities in the last three decades and is still in conformity with the ever changing world remains a subject to be studied.

Founded 29 years ago in April, 1996, during Momodu’s political exile in the United Kingdom, Ovation International was born out of a simple but radical idea: Africa deserves to be seen in full color. While most Western publications chose to spotlight despair, Momodu’s mission was to showcase excellence from fashion, business, entertainment, and politics, to philanthropy and innovation. In other words, the child of circumstance as some call it, Ovation has proved that Africa is not synonymous with bad news.

Moreover, in changing the African narrative, Momodu’s vision was bigger than just glossy pages. He aimed to create a cultural revolution. Ovation became the red carpet for African stars long before global media paid attention to the continent. The magazine gave African personalities celebrities, presidents, royalty, entrepreneurs a platform to tell their own stories, in their own voice.

Through dazzling photo spreads and exclusive interviews, Ovation didn’t just report the news; it celebrated achievements, redefining what it meant to be African in a globalized world. From Accra, Ghana to Abuja, Lagos to London, Liberia, Kenya, Sierra Leone, South Africa, etc, the magazine quickly became a status symbol a staple at high profile events and elite homes.

Further more, as a pan-African vision with global impact, what set Ovation apart was its immense love for Africa, making it an African identity with international reach. Chief Dele Momodu didn’t restrict the magazine’s lens to Nigeria alone. He traveled extensively, covering events in Ghana, South Africa, Sierra Leone, Cote dIvoire, and far beyond. Ovation became the de facto platform for the African diaspora, connecting the continent to its global community in Europe, the U.S., and the Caribbean.

In terms of job creation, Ovation International Magazine has done wonders. Beyond the pages, Ovation has been a powerful engine for employment. As one of the few African-owned international lifestyle magazines, it created jobs across sectors journalism, photography, videography, fashion, makeup, event planning, printing, and logistics. Emerging talents were given a springboard to launch their careers, while professionals found a platform that respected and valued their craft.
In the early 2000s, when media digitization was still young in Africa, Ovation began pioneering multimedia storytelling, hiring tech-savvy youth for video editing, social media marketing, and digital design effectively nurturing a new generation of African media professionals.

Today, Ovation International is more than a magazine, but a legacy, a movement, and a symbol of African excellence. Chief Dele Momodu, with his relentless belief in the continent’s potential, has proven that African stories, when told with pride and power, can reshape perceptions and influence generations.
By putting African success stories on the global stage and backing them with real opportunities, Momodu didn’t just build a media empire, but a mirror in which Africa could see its true, radiant reflection.

In an age of fleeting digital fame, Ovation remains timeless because it didn’t chase trends, it made an indelible history.

Long live Ovation International Magazine, and happy 65th birthday to its founder, Chief Dele Momodu, the pride of Africa.

Dr. Sani S. Baba writes from Kano

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Opinion

President Trump’s Tariffs and the Big Bang Effect

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By Magnus Onyibe

A peek into Canadian, Mexican, Chinese, European, Japanese, and Korean media platforms reveals palpable angst, driven by strong expressions of nationalistic passion against the 47th President of the United States, Donald J. Trump, and his administration. Citizens of these countries are expressing indignation due to the ongoing trade war—especially regarding the 10% across-the-board tariff on imports from 180 countries and, in some cases, additional tariffs of up to 54% on imported vehicles and other goods into the US from around 60 nations.

The tariffs took effect on April 2, a date President Trump has dubbed Liberation Day—drawing a parallel to July 4, 1776, when the original 13 American colonies declared independence from Britain after a brutal war.

In line with America’s foundational respect for freedom of speech and association, it’s remarkable—and indeed ironic—that, unlike other nations whose media are responding with patriotic fervor, the American media have not rallied behind their president. Instead of pushing back against foreign hostility, the highly vibrant US media have joined the global chorus in criticizing President Trump’s “America First” policies. In some quarters, they are even vilifying or outright demonizing their own president.

Such is the potency of free speech in the United States—a feature perhaps best captured by the concept of American Exceptionalism.

Despite a tumbling stock market and widespread protests fueled by fears of inflation and an impending recession—as predicted by anti-Trump politicians—President Trump appears unperturbed by the tumultuous effects his tariff policies are having on US trading partners. In fact, he has threatened to raise tariffs even further if Canada and European countries attempt to collude against the US. Although this has yet to happen, China—arguably the hardest hit—has retaliated with a 34% tariff on US imports.

In my view, these developments are reshaping the global trade ecosystem. As countries seek alternative trade partners to avoid the constraints of trading with the US on Trump’s terms, they may carve out entirely new trade pathways. Thus, the net effect of President Trump’s sweeping tariff hikes—targeting both allies and rivals—can be likened to the Big Bang.

The Big Bang theory, the leading explanation for the origin and evolution of the universe, posits that the universe began as an infinitely hot and dense singularity about 13 billion years ago. According to its proponents, this singularity expanded rapidly, cooling and giving rise to subatomic particles, atoms, stars, and galaxies. The universe, they say, is still expanding—accelerated by the mysterious force known as dark energy.

President Trump’s “bang” can be seen through a similar lens: an explosive policy shift—rooted in an unconventional America First ideology—that has disrupted all previous global trade arrangements. Like a singularity, his approach is transforming the established order, replacing it with an untested but highly consequential framework. Though unproven in the modern era, it already appears to be generating seismic changes across the global economy.

Trump is leveraging tariffs as a strategy to boost job creation and repatriate manufacturing to the US. He also views them as a tool to generate revenue to reduce the national budget deficit, which stands at a staggering $36 trillion and continues to grow.

Given the global upheaval triggered by this astronomical tariff increase, it is difficult to find a better metaphor for Trump’s trade policy than the Big Bang. The ripple effects are so powerful that fear has gripped not only North and South American neighbors, but also Europeans, Asians, Arabs, and Africans—on both sides of the Atlantic and Pacific oceans.

The only country that might remain untouched or unaffected by the far-reaching Trump effect is one operating in complete autarky—such as the reclusive regime of Kim Jong Un in North Korea.

While the Big Bang theory provides a comprehensive explanation for the origins of the universe, many unanswered questions remain—such as what caused the universe to begin expanding in the first place, and what is the true nature of dark matter and dark energy.
Similarly, what explains President Trump’s determination to upend the old world order remains an enigma to his opponents. At this point, not even his staunchest devotees can convincingly argue that his motives are purely patriotic, driven by the Make America Great Again (MAGA) ideology with the primary aim of correcting trade imbalances and closing the deficit gap that has led to a massive budget shortfall.

Of course, as is typical in opposition politics, Trump’s high tariffs and efforts to reduce the size of the US government—driven by the newly created Department of Government Efficiency (DoGE) under the leadership of Elon Musk, the world’s richest man—are being framed as a gambit to cut taxes for billionaires. That narrative seems to have resonated, as Americans have taken to the streets in protest, in ways that suggest resistance to what former President Joe Biden described as an “oligarchic regime,” citing the number of billionaires in Trump’s cabinet.

The reality, however, is that Trump’s “bang” is not a one-size-fits-all solution. It affects different countries and regions in different ways.

Starting with Africa, where aid is critically needed to manage persistent social and public health challenges like HIV/AIDS, the suspension of USAID funding by President Trump is deeply concerning. USAID has been a vital source of funding for health and humanitarian initiatives, and its absence poses a significant threat. This is especially so because many African leaders have practically abdicated their responsibilities in this area, relying heavily on donor countries—led by the US—to provide for their citizens.

With USAID funding now cut off, many African countries are left scrambling to fill the gap. In Nigeria, the government has made an extra-budgetary provision of $200 million for healthcare services, while the Central Bank of Nigeria (CBN) has injected almost $200 million into the foreign exchange (FX) market to help cushion the volatility and uncertainty resulting from the tariff hikes.

In Europe, the 25% tariff imposed on vehicles and alcoholic beverages—particularly from France and Scotland—poses a massive economic challenge. Many European economies are either already in recession or teetering on the brink. Even more alarming is the US threat to withdraw from its heavy financial commitment to NATO, coupled with demands that member nations pay up their dues. This creates a sense of vulnerability, especially as fears rise that Vladimir Putin may turn his attention to another European country after Ukraine.

From my perspective, the European Union’s support for Volodymyr Zelensky and Ukraine is less about altruism and more about self-interest—the first rule of nature. This is evidenced by the show of unity by European leaders around Zelensky after he was snubbed at the White House by President Trump and Vice President J.D. Vance. This strategic interest is also why Europe is now planning to set up a joint European military force as an alternative to NATO—an initiative already underway. But given the current economic strain on European economies, is the formation of a standing European force feaseable?

Regarding the high tariffs, Europe appears to have adopted a measured response, likely in line with the counsel of Ngozi Okonjo-Iweala, Director-General of the World Trade Organization (WTO).
Hence it seems to have adopted a studied approach.

The Arab world is also not left out. President Trump’s “drill, baby, drill” mantra means that the US will reduce its dependence on oil imports from countries like Saudi Arabia, the UAE, Kuwait, Qatar, and Oman. Instead of preserving strategic oil reserves, the US will now focus on domestic drilling. Trump’s rationale appears to be that if fossil fuels are eventually being phased out due to the rise of Electric Vehicles (EVs), then it makes sense to exploit the existing oil reserves before combustion-engine vehicles become obsolete.

In any case, Trump has never embraced climate change in the way it is currently framed. The world is alarmed that he has once again pulled the US out of the Paris Climate Accord, after former President Biden had rejoined during his administration. With oil prices crashing due to the tariff shock, an OPEC strategy meeting may soon be on the horizon.

China, currently celebrated as the world’s foremost manufacturing hub and the second-largest economy, has borne the brunt of Trump’s trade war. The 54% tariff imposed on goods ranging from vehicles to washing machines has essentially locked China out of the US market. These items were previously taxed at 10–25%, but after Trump’s April 2 Rose Garden announcement, the tariff soared to 54%. In response, China has imposed a 34% tariff on US exports. That has excerbated the chaos already wracking the global economy in the past couple of days.

The rationale behind these tariffs, according to Trump, is to bring manufacturing back to the US from Mexico, Canada, China, and Europe, where it had migrated due to what he deems as unfair trade practices. His strategy is designed to reverse this trend.

By understanding how President Trump’s influence is shaping events across Western, Asian, Middle Eastern (Arab), and African regions, we can better grasp the phenomenon—The Trump Effect—that I am likening to the Big Bang. Hopefully, this will encourage a more balanced perspective and lead to negotiations rather than a tit-for-tat trade war.

One irrefutable fact is that Trump is rewriting the global trade rulebook, and he is doing so by squelching globalization—a phenomenon that began between the late 18th and early 19th centuries. Placing this into historical context, the Silk Road and the Industrial Revolution—which began in Great Britain following the invention of the steam engine and the mechanical loom—kickstarted global trade by enabling mass production for markets beyond local demand.

In the modern era, global trade received a significant boost from the establishment of the World Economic Forum (WEF) in 1971, in Davos, Switzerland. Since then, global trade has been guided by the Davos Manifesto, which champions ethical entrepreneurship, responsible governance, and the neutral ideals of Swiss diplomacy—underpinning the spirit of globalization. A formal charter for this vision was adopted in 1973 and renewed in 2020.

History shows that global trade thrives when protected—and falters when it is not. For instance, trade in silk and spices between China and Rome during the first century BC flourished when protected by powerful empires. Once those empires declined, so did the trade routes and their prosperity.

Now, as President Trump—the leader of the current global hegemon—takes a protectionist stance, it is consistent with his past. He has long used tariffs as a tool for economic leverage. Even back in 1988, in an interview with Oprah Winfrey, Trump,then a real estate mogul criticized China for what he saw as exploitation of the US economy.

Trump is not alone in this. A resurfaced video from 1996 shows Nancy Pelosi, then a Congresswoman from California, opposing a bill that would give China a special trade status. She argued against tariff exemptions for Chinese products—effectively advocating for the same policy Trump now champions.

In summary, the use of tariffs as a strategic tool in global trade has bipartisan roots in the US. What has changed is the scale and audacity of the Trump administration’s approach, which has sent shockwaves across the global economic landscape—earning it the moniker of a Big Bang moment in trade history.

So, Trump is literally echoing Pelosi’s sentiments with his current introduction of high tariffs. The only difference is that the tariff hike is not limited to China but has been extended to roughly 180 countries, with an estimated 60 nations significantly affected.

Even more interestingly, reports suggest that as recently as 2019, Vermont Senator Bernie Sanders was also on record proposing the use of tariffs as a defense against unfair trade practices—an argument now forming the basis of Trump’s ongoing global tariff war, which has placed the world on edge.

Experts familiar with the history and current application of tariffs reveal that about $400 billion worth of U.S. products were tariffed during Trump’s first term. In his current second term, projections suggest that up to $1 trillion worth of goods may fall under U.S. trade tariffs.

According to estimates by economists, approximately $3.3 billion worth of imports arrive in the U.S. annually.

President Trump is convinced that his high-tariff regime will generate more wealth for the United States through increased domestic production, which would, in turn, boost employment for working-class Americans. Another key objective is to create fairness in trade between the U.S. and its trading partners, whom Trump has accused of benefiting unfairly at America’s expense.

Ultimately, President Trump aims to use the proceeds from these high tariffs to help close the $36 trillion budget deficit currently facing the world’s largest and most powerful economy.

In light of this, Mr. Peter Navarro, Trump’s trade adviser, believes that high tariffs have the potential to generate over $6 trillion for the U.S. in the short term.

In all of this, my main concern and interest ly in how Africa can benefit from the reimagining of the global socioeconomic ecosystem, as President Trump upends the old world order.

With a 14% tariff now imposed by the U.S. on Nigerian goods and 10% across most of the 54 nations continent , Nigeria’s exports to the U.S.—valued at between $5–$6 billion (with oil and gas making up over 90% and non-oil/gas exports accounting for less than 10%)—are under threat.

Even among non-oil/gas exports, the bulk comprises raw materials such as urea/fertilizer, ammonia, flower plants, and cashew nuts, which make up about 8%.

It is disappointing that value-added or processed exports from Nigeria to the U.S. are so minuscule—just 2%.

Despite this low figure, the imposition of a 14% tariff on Nigerian goods—despite the trade balance favoring the U.S.—should serve as a wake-up call for Nigeria, and indeed all of Africa, to begin adding value to their exports. If non-oil exports, facing a 10% tariff, are to be competitive in the U.S. market, they must move up the value chain.

The dominance of raw materials in Nigeria’s exports reflects the country’s continuing role as a supplier of raw materials to the industrialized nations of Europe, North America, and Asia. Among the six continents, only South America and the Arab world have yet to fully exploit Africa as a raw material source and dumping ground for finished products. So, for too long Africa has remained the weeping child as it has held the wrong end of the stick and it must make strategic and intentional efforts to change the negative narrative.
What the Trump tariffs spells in my mind is deglobalization as economic trade and investments between countries go on decline. But the global tariff war is also an opportunity for the continent to reposition herself on the global stage by taking a collective stance on how African countries can trade amongst themselves who to trade with in global south or west and even Asia based on her terms not the Berlin, Germany type of framework and agreement when she was not at the table when her resources were being shared as war spoils amongst Europeans who transformed from African slave traders into colonialists exploiting the resources of the continent.

Although, stocks have been crashing worldwide since the hike in tariffs by Trump it may be recalled that stock prices also rose sharply upon the innauguration of Trump on 20th January and has fallen therafter. Similarly, the stocks that have tanked globally in the past few days may rise again once clarity is achieved. With barely 100 days into his four (4) years tenure those projecting that President Trump and the Republican party may be punished by the electorate during mid -term elections that comes up 100 days shy of two (2) years, may be too hasty in their judgement.

That is because in politics a lot could still happen in the lifespan of Trump’s administration which is still 100 days shy of the 730 days(two years ) tenure to change course if the reciprocal high tariffs imposition on trading partners does not pan out well with high inflation wrecking the economy or unemployement rising astronomically to the point that US economy stagnates or goes into recession as being predicted by those against Trump’s unorthodox policies.

In the event that the unique approach defies the logic of economists, Trump may turnout to be the a hero of the new world order.

Magnus Onyibe, an entrepreneur, public policy analyst, author, democracy aadvocate, development strategist, alumnus of the Fletcher School of Law and Diplomacy, Tufts University, Massachusetts, USA, and a former commissioner in the Delta State government, sent this piece from Lagos, Nigeria.
To continue with this conversation and more, please visit www.magnum.ng.

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