Opinion

The Oracle: The NASS Cannot Amend the Constitution Through the Back Door

Published

4 years ago

May 6, 2022

Eric

By Mike Ozekhome

In these trying times of our beleaguered Nation, the NASS should concentrate more on creatively making laws for the peace, order and good government of Nigeria. The recent amendment to the Electoral Act has caused too much needless national hoopla and ruckus. It ought not have been at the centre stage in a sane society. Is barring certain classes of persons from contesting elections simply because they are government appointees Nigeria’s bane at the moment? I think not.

Earlier, the NASS had, by its earlier proposed section 52(3) the amendment bill, sought to strip INEC of its control over elections and subject INEC to the control and supervision of the Nigerian Communications Commission (NCC) on the critical but sore issue of electronic voting and transmission of results.

This fatal step was later reluctantly reversed after Nigerians rose against it. I had spilled buckets of ink and made several television appearances, advocating to get it extirpated, root and branch, from the amendment bill. The NASS had ignored the fact that under section 158 of the 1999 Constitution, INEC “shall not be subject to the direction or control of any other authority or person”. They comfortably forgot that it is INEC and INEC alone that is responsible for organizing and supervising all elections to political offices; registering, monitoring of political parties; and conducting voter and civic education, including promotion of sound democratic processes. See also section 153 (f).

THE ALBATROS IN SECTION 84(12), (13) OF THE AMENDED ELECTORAL ACT

The NASS while amending the Electoral Act inserted subsections 12 and 13 into section 84 which, unlawfully, illegally and unconstitutionally disenfranchised serving political office holders from voting or being voted for at conventions or congresses of political parties. The offensive section 84(12) had provided thus:

“No political appointee at any level shall be voting delegate or to be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election”.

Section 84 (13) drives this home, more pungently, thus:

“Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for the election shall not be included in the election for the particular position in issue”.

THE ALARMING OUSTER CLAUSE IN THE AMENDED ELECTORAL ACT

I am surprised that all the critics of the Federal High Court judgement in Umuahia delivered by the Honourable Justice Evelyn Anyadike have not adverted their minds to the more worrisome provision in section 84 (15), which, after granting the Federal High Court jurisdiction in section 84 (14), to entertain cases from “an aspirant who complains that the provisions of this Act and the guidelines of a political party have not been complied with in selection or nomination of a candidate of a political party for election, may apply to the Federal High Court for redress”, went on to oust the jurisdiction of all courts on matters concerning primaries, thus:

“Nothing in this section shall empower the courts to stop the holding of primaries or general elections under this Act pending the determination of a suit”.

Interpreted in another way, section 84(15) is saying:

“Courts, please, allow political parties to first do maximum damage during their primaries and general elections, and subsequently entertain emerging suits thereafter after the wrong candidates would have emerged and after resources, time and energy would have been wasted by individuals, political parties, INEC and the electorate to conduct sham elections”. I am worried by this obnoxious ouster clause.

I believe that the above subsections are totally unconstitutional. They are ultra vires the powers of the NASS. What the NASS intended to do by subsections 12 and 13 of section 84 is to amend the Constitution through the backdoor, without going through the tortuous process prescribed in section 9 thereof; which deals with the mode of altering the provisions of the Constitution.

PRESIDENT BUHARI’S EARLIER OBJECTION

President Muhammadu Buhari had initially kicked and refused to assent to the Electoral Bill as initially amended by the NASS, which contained the above sub section. To escape from the avalanche of criticisms that trailed his initial withholding of assent, Buhari later reluctantly signed the Bill into Law; but with a caveat vide a letter to the NASS, to consider amending section 84(12) subsequently. He believed that subsection 84(12) imported into the Constitution extraneous matters such as blanket restriction and disqualification of political appointees who ought to be accorded protection. His argument is that a public officer could resign his office, withdraw or retire from service 30 days before the date of election in accordance with section 66(1) (f) of the 1999 Constitution. I think his handlers should have simply done an Executive amendment bill to the NASS; not a mere letter. But, I agree with his serious reservations about section 84(12).

WHY SECTION 84(12) AND (13) ARE OFFENSIVE AND UNCONSTITUTIONAL

QUALIFICATION AND DISQUALIFICATION FOR ELECTION

Sections 66 and 107 of the 1999 Constitution provide for circumstances under which certain public officers are qualified or disqualified from contesting for election.

QUALIFICATION FOR ELECTION

Let us start with sections 65 (1) and (2) and 106 of the Constitution which deal with qualification for election, as a member of Senate and House of Representatives; and House of Assembly respectively. See also sections 137(1) (g) and 182(1) (g) of the 1999 Constitution.

These sections provide that such a person for Senate or House of Representatives or member House of Assembly of a state shall be qualified to contest election if he is a citizen of Nigeria and has attained the age of 35 years (30 years for a House of Representatives members; and 25 years for a House of Assembly member); is educated up to at least school certificate level or its equivalent; and he is a member of a political party and is sponsored by that political party.

DISQUALIFICATION FOR ELECTION

By virtue of sections 66 (1) and 107 (1) respectively any of the above the Constitution, persons also is disqualified if he has voluntarily acquired the citizenship of a country other than Nigeria; adjudged to be a lunatic or a person of unsound mind; is under a sentence of death, imposed on him by a court of competent jurisdiction; or a sentence of imprisonment or fine involving dishonesty or fraud. Such a person is also not qualified if he is an undischarged bankrupt; is a member of any secret society; or he has presented a forged certificate to INEC.

The most critical subsection for our discussion here, is section 66(1) (f) which provides that if such a person is employed in the “Public service of the Federation” or “Public service of a state” and has not resigned, withdrawn or retired from such employment THIRTY DAYS before the date of election for a State, he shall be disqualified from contesting or being voted for.

Sections 107 (1), 147 (4) and 192(3) deal with offices of ministers of the Government of the Federation and Commissioners in a state, respectively. A minister or Commissioner shall be deemed to have “resigned” his membership of the National Assembly or a state House of Assembly upon taking the Oath of office as a minister or Commissioner.

THE EXTANT LAWS

It is therefore clear, per adventure, that aside the circumscribing and inhibiting factors restricting a public appointee from contesting offices as described above, section 84 (12) and 13 are unconstitutional, illegal, null, void and of no effect whatsoever in so far as they import other extraneous disqualifying factors not provided for or envisaged by the Constitution. The NASS cannot import into the Constitution other additional disqualifying factors.

SECTION 84(12) & (13) ALSO CONTRAVENE SECTIONS 40 AND 42 OF THE CONSTITUTION

Section 40 of the 1999 Constitution grants every Nigerian the right to assemble and associate freely with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests. See Motorcycle Transport Union of Nigeria & ors vs. Delta state Motorcyclist Assoc & ors (2010) LPELR 4503 (CA); Lafia LG vs. Executive Governor Nassarawa state & Ors (2012) LPELR 20602 (SC).

In addition to the above, section 42 accords every Nigerian the right to freedom from discrimination. See Okafor & ors vs Ntoka (2017) LPELR – 42794 (CA); NMCN vs Adesina (2016) LPELR – 40610 (CA) The question is, why will any Nigerian be prevented or barred from being “a voting delegate or to be voted for at the convention or Congress of any political party for the nomination of candidates for any election” when the Constitution (the supreme law) has exhaustively outlined factors barring a person from contesting?

SECTIONS 84 AND 318 OF THE CONSTITUTION CONSIDERED

Section 66(1) (8) only provides for “public service” of the federation or the “public service of a state”. Do political appointees such as ministers, commissioners and personal aids qualify to be protected by these sections. I believe so.

Some people have argued that it is only public servants envisaged in section 84 and as defined in section 318 of the Constitution that are covered by the 30 days resignation notice. Political Appointees who hold offices at the pleasure of their appointor are not public servants within the meaning and intendment of sections 84 and 318 of the Constitution, they pontificate.

Specifically, the Court of Appeal in ONI v. FAYEMI & ORS (2019) LPELR-46622(CA) held that:

“A Minister, being a mere political appointee, cannot be regarded as an employee in the Public Service of the Federation and is consequently not constitutionally caught by the 30 days resignation rule imposed on employees in the Public Service”.

Opinion

How Dr. Fatima Ibrahim Hamza (PT, mNSP) Became Kano’s Healthcare Star and a Model for African Women in Leadership

Published

7 hours ago

December 6, 2025

Eric

By Dr. Sani Sa’idu Baba

My dear country men and women, over the years, I have been opportune to watch numerous speeches delivered by outstanding women shaping the global health sector especially those within Africa. Back home, I have also listened to towering figures like Dr. Hadiza Galadanci, the renowned O&G consultant whose passion for healthcare reform continues to inspire many. Even more closer home, there is Dr. Fatima Ibrahim Hamza, my classmate and colleague. Anyone who knew her from the beginning would remember a hardworking young woman who left no stone unturned in her pursuit of excellence. Today, she stands tall as one of the most powerful illustrations of what African women in leadership can achieve when brilliance, discipline, and integrity are brought together.

Before I dwell into the main business for this week, let me make this serious confession. If you are a regular traveler within Nigeria like myself, especially in the last two years, you will agree that no state currently matches Kano in healthcare delivery and institutional sophistication. This transformation is not accidental. It is the result of a coordinated, disciplined, and visionary ecosystem of leadership enabled by Kano State Governor, Engr Abba Kabir Yusuf. From the strategic drive of the Hospitals Management Board under the meticulous leadership of Dr. Mansur Nagoda, to the policy direction and oversight provided by the Ministry of Health led by the ever committed Dr. Abubakar Labaran, and the groundbreaking reforms championed by the Kano State Primary Health Care Management Board under the highly cerebral Professor Salisu Ahmed Ibrahim, the former Private Health Institution Management Agency (PHIMA) boss, a man who embodies competence, hard work, honesty, and principle, the progress of Kano’s health sector becomes easy to understand. With such a strong leadership backbone, it is no surprise that individuals like Dr. Fatima Ibrahim Hamza is thriving and redefining what effective healthcare leadership looks like in Nigeria.

Across the world, from top medical institutions to global leadership arenas, one truth echoes unmistakably: when women lead with vision, systems transform. Their leadership is rarely about theatrics or force; it is about empathy, innovation, discipline, and a capacity to drive change from the inside out. Kano State has, in recent years, witnessed this truth firsthand through the extraordinary work of Dr. Fatima at Sheikh Muhammad Jidda General Hospital.

In less than 2 years, Dr. Fatima has emerged as a phenomenon within Kano’s healthcare landscape. As the youngest hospital director in the state, she has demonstrated a style of leadership that mirrors the excellence seen in celebrated female leaders worldwide, women who inspire not by occupying space, but by redefining it. Her performance has earned her two high level commendations. First, a recognition by the Head of Service following a rigorous independent assessment of her achievements, and more recently, a formal commendation letter from the Hospitals Management Board acknowledging her professionalism, discipline, and transformative impact.

These acknowledgements are far more than administrative gestures, they place her in the company of women leaders whose influence reshaped nations: New Zealand’s Jacinda Ardern with her empathy driven governance, Liberia’s Ellen Johnson Sirleaf with her courageous reforms, and Germany’s Angela Merkel with her disciplined, steady leadership. Dr. Fatima belongs to this esteemed lineage of women who do not wait for change, they create it.

What sets her apart is her ability to merge vision with structure, compassion with competence, and humility with bold ambition. Staff members describe her as firm yet accessible, warm yet uncompromising on standards, traits that embody the modern leadership model the world is steadily embracing. Under her stewardship, Sheikh Jidda General Hospital has transformed from a routine public facility into an institution of possibility, demonstrating what happens when a capable woman is given the opportunity to lead without constraint.

The recent commendation letter from the Hospitals Management Board captures this evolution clearly: “Dr. Fatima has strengthened administrative coordination, improved patient care, elevated professional standards, and fostered a hospital environment where excellence has become the norm rather than the exception”. These outcomes are remarkable in a system that often battles bureaucratic bottlenecks and infrastructural limitations. Her work is proof that effective leadership especially in health must be visionary, intentional, and rooted in integrity.

In a period when global discourse places increasing emphasis on the importance of women in leadership particularly in healthcare, Dr. Fatima stands as a living testament to what is possible. She has demonstrated that leadership is never about gender, but capacity, clarity of purpose, and the willingness to serve with unwavering commitment.

Her rise sends a powerful message to young girls across Nigeria and Africa: that excellence has no gender boundaries. It is a call to institutions to trust and empower competent women. And it is a reminder to society that progress accelerates when leadership is guided by competence rather than stereotypes.

As Kano continues its journey toward comprehensive healthcare reform, Dr. Fatima represents a new chapter, one where leadership is defined not by age or gender, but by impact, innovation, and measurable progress. She is, without question, one of the most compelling examples of modern African women in leadership today.

May her story continue to enlighten, inspire, and redefine what African women can, and will achieve when given the opportunity to lead.

Dr. Baba writes from Kano, and can be reached via drssbaba@yahoo.com

Opinion

Book Review: Against the Odds by Dozy Mmobuosi

Published

2 days ago

December 4, 2025

Eric

By Sola Ojewusi

Against the Odds is an ambitious, deeply personal, and unflinchingly honest memoir that traces the remarkable rise of Dozy Mmobuosi, one of Nigeria’s most dynamic and controversial entrepreneurs. In this sweeping narrative, Mmobuosi reveals not just the public milestones of his career, but the intimate struggles, internal battles, and defining moments that shaped his identity and worldview.

The book is both a personal testimony and a broader commentary on leadership, innovation, and Africa’s future—and it succeeds in balancing these worlds with surprising emotional clarity.

A Candid Portrait of Beginnings

Mmobuosi’s story begins in the bustling, unpredictable ecosystem of Lagos, where early challenges served as the furnace that forged his ambitions. The memoir details the circumstances of his upbringing, the value systems passed down from family, and the early encounters that sparked his desire to build solutions at scale.

These foundational chapters do important work: they humanize the protagonist. Readers meet a young Dozy not as a business figurehead, but as a Nigerian navigating complex social, financial, and personal realities—realities that millions of Africans will find familiar.

The Making of an Entrepreneur

As the narrative progresses, the memoir transitions into the defining phase of Mmobuosi’s business evolution. Here, he walks readers through the origins of his earliest ventures and the relentless curiosity that led him to operate across multiple industries—fintech, agri-tech, telecoms, AI, healthcare, consumer goods, and beyond.

What is striking is the pattern of calculated risk-taking. Mmobuosi positions himself as someone unafraid to venture into uncharted territory, even when the cost of failure is steep. His explanations offer readers valuable insights into:
• market intuition
• the psychology of entrepreneurship
• the sacrifices required to build at scale
• the emotional and operational toll of high-growth ventures

These passages make the book not only readable but instructive—especially for emerging

African entrepreneurs.

Triumphs, Crises, and Public Scrutiny
One of the book’s most compelling strengths is its willingness to confront controversy head-on.

Mmobuosi addresses periods of intense scrutiny, institutional pressure, and personal trials.

Instead of glossing over these chapters, he uses them to illustrate the complexities of building businesses in emerging markets and navigating public perception.

The tone is reflective rather than defensive, inviting readers to consider the thin line between innovation and misunderstanding in environments where the rules are still being written.

This vulnerability is where the memoir finds its emotional resonance.

A Vision for Africa

Beyond personal history, Against the Odds expands into a passionate manifesto for African transformation. Mmobuosi articulates a vision of a continent whose young population, natural resources, and intellectual capital position it not as a follower, but a potential leader in global innovation.

He challenges outdated narratives about Africa’s dependency, instead advocating for
homegrown technology, supply chain sovereignty, inclusive economic systems, and investment in human capital.

For development strategists, policymakers, and visionaries, these sections elevate the work from memoir to thought leadership.

The Writing: Accessible, Engaging, and Purposeful

Stylistically, the memoir is direct and approachable. Mmobuosi writes with clarity and intention, blending storytelling with reflection in a way that keeps the momentum steady. The pacing is effective: the book moves seamlessly from personal anecdotes to business lessons, from introspection to bold declarations.

Despite its business-heavy subject matter, the prose remains accessible to everyday readers.

The emotional honesty, in particular, will appeal to those who appreciate memoirs that feel lived rather than curated.

Why This Book Matters

Against the Odds arrives at a critical moment for Africa’s socioeconomic trajectory. As global attention shifts toward African innovation, the need for authentic narratives from those building within the system becomes essential.

Mmobuosi’s memoir offers:
• a case study in resilience
• an insider’s perspective on entrepreneurship in frontier markets
• a meditation on reputation, legacy, and leadership
• a rallying cry for African ambition

For readers like Sola Ojewusi, whose work intersects with media, policy, leadership, and social development, this book offers profound insight into the human stories driving Africa’s new generation of builders.

Final Verdict

Against the Odds is more than a success story—it is a layered, introspective, and timely work that captures the pressures and possibilities of modern African enterprise. It challenges stereotypes, raises important questions about leadership and impact, and ultimately delivers a narrative of persistence that audiences across the world will find relatable.

It is an essential read for anyone interested in the future of African innovation, the personal realities behind public leadership, and the enduring power of vision and resilience

Opinion

Redefining Self-leadership: Henry Ukazu As a Model

Published

3 days ago

December 3, 2025

Eric

By Abdulakeem Sodeeq SULYMAN

In a world filled with talents and unique gifts, nurturing oneself for an impact-filled living becomes one of the potent metrics for assuming how one’s life would unfold – either in the nearest or far future. I am sure the question you may be curious to ask is ‘what is the important quality that has shaped the life of every individual who has unleashed their ingenuity?’ Apparently, our society is filled with numerous people, who missed the track of their life. Their iniquity is boiled down to one thing – failure to lead oneself.

Realising how important it is to be your own leader has been the springboard for every transformative life. Notably, this also becomes the premise for appreciating and celebrating Henry Ukazu for setting the pace and modeling self-leadership in this era, where self-leadership is under-appreciated by our people. Self-leadership itself engineers purposeful and impactful living, turning individuals to sources of hope to others.

This is exactly what Henry Ukazu symbolises. The name Henry Ukazu is akin to many great things such as ‘Unleashing One’s Destiny,’ ‘Finding One’s Purpose’ and ‘Triumphant Living.’ Regardless of the impression one have formed about Henry Ukazu, one thing you cannot deny is his ability to be pure to nature and committed to his cause. Henry Ukazu is one of the rare people who still believed in the values of the human worth and has committed every penny of his to ensure that every human deserves to live the best life.

The trajectory of Henry Ukazu’s life is convincing enough to be choosing as an icon by anyone who chooses to climb the ladder of self-leadership. Oftentimes, Henry Ukazu always narrate how he faced the storms of life when birthing his purpose. He takes honour in his struggles, knowing full well that every stumbling blocks life throws at him helped in building himself. If not for self-leadership, he will not found honours in his struggles, let alone challenging himself to be an example of purposeful living to others.

Without mincing words, Henry Ukazu’s life has been blessed with the presence of many people, with some filling his life with disappointments, while some blessing him with immeasurable transformations. Surprisingly, Henry Ukazu has never chosen to be treating people negatively; rather he would only choose the path of honour by avoiding drama and let common sense prevail. That’s one of the height of simplicity!

Dear readers, do you know why today is important for celebrating Henry Ukazu? Today, 3rd December, is his birthday and with all sincerity, Henry Ukazu deserves to be celebrated because he has chosen the noble path, one filled with honours and recognitions for being an icon of inspiration and transformation to the mankind. As Henry Ukazu marks another year today, may the good Lord continue shielding him from all evils and guiding him in right directions, where posterity will feel his role and impacts!

Many happy returns, Sir!