Opinion
The Oracle: The NASS Cannot Amend the Constitution Through the Back Door
Published
4 years agoon
By
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”.
See also the following apposite cases:
Wilson v. Ag, Bendel state & Ors. (1985) LPELR-3496 (SC); PPA v. PDP & ORS (2009) LPELR-4865(CA); Shitta-Bey v. AG Federation & Anor (1995) LPELR-3055 (SC); Abubakar v. The Executive Governor, Gombe state & Ors (2002) LPELR-1124 (CA); MILITARY GOVERNOR OF ONDO STATE V. ADEWUNMI (1988) 3 NWLR (PT. 82) 280; Ojukwu v. Yar’ Adua (2008) 4NWLR (Pt. 1078/435; AG BENDEL STATE V. AIDEYAN (1989) 4 NWLR (PT. 118) 646; ADAMU V. TAKORI (2010) ALL FWLR (Pt 540) 1387 (CA).
I earnestly believe the attention of these courts was NEVER specifically drawn to the definition of “Public Service of the Federation” and “Public Service of a State”. The definition of “Public Service” of the Federation means the service of the Federation in any capacity in respect of the Government of the Federation and includes…….”. The definition of “Public Service of the State” means the service of the State “in any capacity in respect of the Government of the state and includes service as …..”.
Thus, in both cases, the clause “any capacity” is used for both the Federal and State governments. Can anyone plausably argue that ministers, commissioners and other appointees of Mr president or a Governor of a State who draw their salaries, allowances and other perquisites of office from the Federal or State treasury are not engaged in “any capacity” in “respect of the Government of the Federation and State Government”? The other offices lined up in this interpretation section of 318 are merely in addition to, as the section specifically states that the specie of public officers outlined therein is merely in addition to those employed in “any capacity” in both the Federal and state Governments. (To be continued next week)
THE WORLD WE LIVE IN
“If you want to achieve something, you have to forget the boundaries that people create. No one knows your capabilities more than you” – (Anonymous).
THOUGHT FOR THE WEEK
“The illegal we do immediately. The unconstitutional takes a little longer.” (Henry Kissinger).
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Opinion
The State of Leadership Today: A Look at Global, African and Nigerian Realities
Published
4 days agoon
January 31, 2026By
Eric
By Tolulope A. Adegoke PhD
“Leadership for our age is measured not by the height of the throne, but by the depth of its roots in integrity, the breadth of its embrace of collective talent, and the courage to cultivate systems that bear fruit for generations yet unseen” – Tolulope A. Adegoke, PhD.
Leadership today is at a crossroad. Around the world, in our communities, and within our organizations, old ways of leading are straining under new pressures. This isn’t just a theoretical discussion; it’s about the quality of our daily lives, the success of our businesses, and the future of our nations. Let’s walk through the current trends, understand their very real impacts, and then explore practical, hands-on solutions that can unlock a better future for everyone.
Part 1: The Leadership Landscape – Where We Stand
The Global Picture: Beyond the Solo Leader
The image of the all-powerful, decisive leader at the top of a pyramid is fading. Today, effective leadership looks different. It’s more about empathy and service than authority. People expect their leaders—in companies and governments—to be authentic, to listen, and to foster teams where everyone feels safe to contribute. Furthermore, leadership is now tightly linked to purpose and responsibility. It’s no longer just about profits or power; stakeholders demand action on climate, fair treatment of workers, and ethical governance. Leaders must also be tech-savvy guides, helping their people navigate constant digital change while dealing with unpredictable global events that disrupt even the best-laid plans.
Africa’s Dynamic Challenge: Youth and Promise
Africa’s story is one of incredible potential meeting stubborn challenges. The continent is young, energetic, and full of innovative spirit. Yet, this tremendous asset often feels untapped. Too frequently, a gap exists between this rising generation and established leadership structures, leading to frustration. While the African Continental Free Trade Area (AfCFTA) presents a historic chance for economic unity, it requires leaders who think beyond their own borders. At the same time, democratic progress sometimes stalls, with leaders clinging to power. The most pragmatic leaders are those who engage with the vibrant informal economy—the hustlers, market traders, and artisans—who form the backbone of daily life and hold the key to inclusive growth.
Nigeria’s Pressing Reality: Crisis and Resilience
In Nigeria, the leadership experience often feels like moving from one emergency to the next. Attention is consumed by immediate crises—security threats, economic swings, infrastructure breakdowns—making long-term planning difficult. This has triggered a profound loss of confidence, visibly seen in the “Japa” phenomenon, where skilled professionals leave seeking stability and opportunity abroad. This brain drain is a direct critique of the system. Politics remains deeply influenced by ethnic and regional loyalties, which can overshadow competence and national vision. Yet, in the face of these trials, a remarkable spirit of entrepreneurial resilience shines through. Nigeria’s business people and tech innovators are daily solving problems and creating value, often compensating for wider systemic failures.
Part 2: The Real-World Impact – How This Affects Us All
These trends are not abstract; they touch lives, businesses, and countries in tangible ways.
· On Everyday People: When leadership is perceived as self-serving or ineffective, trust evaporates. People feel anxious about the future and disconnected from their leaders. This can manifest as cynicism, social unrest, or the difficult decision to emigrate. The struggle to find good jobs, feel secure, and build a future becomes harder, deepening inequalities.
· On Companies and Organizations: Businesses operate in a tough space. They face a war for talent, competing to retain skilled employees who have global options. They must also navigate unpredictable policies, provide their own power and security, and balance profitability with rising demands for social responsibility. The burden of operating in a challenging environment increases costs and risk.
· On Nations: Countries plagued by poor governance face a competitiveness crisis. They struggle to attract the kind of long-term investment that builds economies. Policy becomes unstable, changing with political winds, which scares off investors and stalls development. Ultimately, this can destabilize not just one nation but entire regions, as problems like insecurity and migration spill across borders.
Part 3: A Practical Pathway Forward – Building Leadership That Delivers
The situation is complex, but it is not hopeless. Turning things around requires deliberate, concrete actions focused on systems, not just individuals.
1. Fortify Institutions with Transparency and Merit.
We must build systems so strong that they work regardless of who is in charge.
· Action: Legally protect key institutions—the electoral body, the civil service, the courts—from political interference. Appointments must be based on proven competence and integrity, not connections.
· Action: Implement technology-driven transparency. Let citizens track government budgets and projects in real time through public online portals. Sunshine is the best disinfectant.
2. Bridge the Gap Between Leaders and the Led.
Leadership must become a conversation, not a monologue.
· Action: Create mandatory Youth Advisory Councils at all levels of government and in large corporations. Give young people a formal platform to contribute ideas and hold leaders accountable on issues like education, digital innovation, and job creation.
· Action: Leaders must adopt regular, unscripted “town hall” meetings and use simple digital platforms to explain decisions and gather feedback directly from citizens and employees.
3. Channel Entrepreneurship into National Solutions.
Harness the proven problem-solving power of the private sector.
· Action: Establish Public-Private Impact Partnerships. For example, the government can partner with tech companies to roll out digital identity systems or with agribusinesses to build modern farm-to-market logistics. Clear rules and shared goals are key.
· Action: Launch National Challenge Funds that invite entrepreneurs and researchers to compete to solve specific national problems, like local clean energy solutions or affordable healthcare diagnostics, with funding and market access as the prize.
4. Redeploy Nigeria’s Greatest Export: Its Diaspora.
Turn the brain drain into a brain gain.
· Action: Create a Diaspora Knowledge & Investment Bureau. This agency would actively connect Nigerians abroad with opportunities to mentor, invest in startups, or take up short-term expert roles in Nigerian institutions, transferring vital skills and capital.
· Action: Offer tangible incentives, like tax breaks or matching funds, for diaspora-led investments in critical sectors like healthcare, renewable energy, and vocational training.
5. Cultivate a New Mindset in Every Citizen.
Ultimately, the culture of leadership starts with us.
· Action: Integrate ethics, civic responsibility, and critical thinking into the core curriculum of every school. Leadership development begins in the classroom.
· Action: Celebrate and reward “Local Champions”—the honest councilor, the community organizer, the business owner who trains apprentices. We must honor integrity and service in our everyday circles to reshape our collective expectations.
Conclusion: The Work of Building Together
The challenge before us is not to find a single heroic leader. It is to participate in building a better system of leadership. This means championing institutions that work, demanding transparency in our spaces, mentoring someone younger, and holding ourselves to high ethical standards in our own roles.
For Nigeria and Africa, the possibility of a brighter future is not a dream; it is a choice. It is the choice to move from complaining about leaders to building leadership. It is the choice to value competence over connection, to seek common ground over division, and to invest in the long-term health of our community. This work is hard and requires patience, but by taking these practical steps—starting today and in our own spheres—we lay the foundation for a tomorrow defined by promise, stability, and shared success. The power to deliver that possibility lies not in one person’s hands, but in our collective will to act.
Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, and resilient nation-building, and global peace. He can be reached via: tolulopeadegoke01@gmail.com, globalstageimpacts@gmail.com
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Opinion
Globacom Redefines Standard for Telecoms in 2026
Published
6 days agoon
January 29, 2026By
Eric
By Michael Abimboye
As always, Globacom is at the heart of telecoms transformation in Nigeria. The acquisition of additional spectrum, is a decisive move that has expanded network capacity and fundamentally improved customer experience.
With the ability to carry significantly higher data volumes at greater speeds, users are seeing faster downloads, stronger uploads, seamless video streaming, and clearer voice calls even at peak periods. Crucially, this expansion has driven down latency. Independent performance testing has ranked Glo as the network with the lowest latency in Nigeria, meaning faster response times whenever data commands are initiated.
This spectrum advantage is being matched on the ground by the rollout of thousands of new LTE sites nationwide. Network capacity has increased pan-Nigeria, with noticeably higher download speeds across regions. At the same time, the installation of thousands of additional towers is easing congestion and closing coverage gaps, particularly in high-density locations such as markets and tertiary institutions, where demand for fast, reliable internet is highest.
Power reliability, often the silent determinant of network quality, is also being reengineered. Globacom has deployed hybrid battery power systems across numerous sites, reducing dependence on diesel while improving sustainability. Beyond cost efficiency, this greener model delivers stronger uptime ensuring uninterrupted power supply and optimal performance for base stations and switching centres.
Behind the scenes, Glo has upgraded its switching systems and data centres to accommodate rising traffic volumes nationwide. These upgrades are designed not only for today’s demand but to ensure the network consistently meets performance KPIs well into the future, even as data consumption continues to grow.
Equally significant is the massive reconstruction and expansion of Globacom’s optic fibre cable (OFC) network. Along highways and metro routes affected by road construction, fibre routes are being reconstructed and relocated to safeguard service continuity. Thousands of kilometres of new fibre have also been rolled out nationwide, fortifying the OFC backbone, improving redundancy, reducing network glitches, and enabling the network to handle increasingly heavy data loads with resilience.
These investments collectively address long-standing coverage gaps while driving densification and capacity enhancement in already active areas, ensuring a more balanced and reliable national footprint.
At the core layer, Globacom is modernising its network elements through new platforms and applications, upgraded enterprise and interconnect billing systems, and an expanding roster of roaming partners for both in-roaming and out-roaming services strengthening its integration into the global telecoms ecosystem.
Taken together, these are not incremental upgrades. They represent a deliberate, system-wide repositioning.
In 2026, Globacom is not just improving its network; it is asserting itself as the technical leader in Nigeria’s telecommunications industry and has gone on a spending spree to satisfy the millions of subscribers enjoying seamless connectivity across Nigeria.
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Opinion
How GLO Sustains Everyday Businesses in Kano, Nigeria’s Centre of Commerce
Published
1 week agoon
January 25, 2026By
Eric
By Dr Sani Sa’idu Baba
For more than two weeks, Kano woke up under a veil of fog. Not the poetic kind, but the stubborn Harmattan fog that dulls vision, slows movement, and disrupts daily rhythm. Dawn arrived quietly. Shops opened late. Calls failed repeatedly. Internet bars blinked on and off like uncertain promises. Across the state, one reality became impossible to ignore: communication had become a struggle. This reality carried even greater weight in the capital of Kano, the centre of commerce in Nigeria.
As Ramadan approaches and gradually leads to the celebration of Eid-el-Fitr, everyone understands what this season represents. It is a period when online businesses, both big and small, become a major source of livelihood for millions. Traders prepare for peak demand, online vendors scale up advertising, and buyers from across the country look to Kano for goods. Visitors stream in from other states, transactions multiply, and the success of this entire commercial ecosystem depends heavily on one thing: seamless network connectivity between buyers and sellers.
In Kano, where business breathes through phone calls, alerts, and instant messages, poor network is not just inconvenient, it is costly. Calling became difficult. Browsing the internet felt like a battle. For many, it meant frustration. For others, it meant loss.
As these challenges persisted day after day, conversations across the city began to take a clear and consistent direction. In homes, offices, and markets, a new conversation began to dominate discussions. A brother of mine, deeply involved in the communication business at Farm Center Market, the largest hub for telecom activity in Kano shared his amazement. Day after day, customers walked up to data vendors with one clear, confident request: “Glo data.” Not alternatives. Not experiments. Just Glo, he said. At first, it seemed puzzling. If you were already on Glo, you might not even notice the difference. But for those struggling on other networks, the contrast was undeniable. In the middle of foggy mornings and unstable signals, Glo stood firm.
And soon, the conversation spread everywhere. At tea junctions in the early hours, as people warmed their hands around cups of shayi, discussions circled around how Glo “held up” when others disappeared. In university classrooms, students whispered comparisons before lectures began, who could download materials, who could submit assignments, and which network actually worked. More strikingly, Glo users quietly turned their phones into lifelines, sharing hotspots with classmates so others could access lecture notes, submit assignments, and stay connected. At sports viewing centres, between goals and missed chances, fans debated networks with the same passion as football rivalries. In markets, traders told customers how Glo saved their day. In every gathering of people across Kano, Glo became the reference point. The reason was simple: Glo had saved businesses.
Consider the POS operator by the roadside. Every successful transaction that attracts him/her ₦100 here, ₦200 there is survival. Failed transfers mean angry customers and lost income. During these fog-heavy days, many operators would have been stranded. But where Glo bars stayed strong, withdrawals went through, alerts dropped, and trust preserved.
Picture a roadside trader making her first sale of the day through a simple WhatsApp call, her voice steady as she confirms an order that will set the tone for her business. Nearby, an online vendor advertises products in WhatsApp groups, responds to messages, takes calls from interested buyers, and confirms deliveries, all in real time. Behind every one of these small but significant transactions is reliable connectivity. Delivery riders weaving through traffic and racing against time also depend on uninterrupted network access to reach customers, confirm payments, and complete orders. In moments when other networks struggled, Glo quietly kept these wheels of commerce turning, ensuring that daily hustle did not grind to a halt. Beyond the busy streets of the city, the impact of this reliability becomes even more profound in remote villages in Kano.
Back in Kano city, rising transportation costs have reshaped the way people work. Many professionals have had no choice but to adapt, turning their homes into offices and relying heavily on the internet to stay productive. Many now attend virtual meetings, send large files, collaborate remotely, and meet deadlines without leaving their homes. In a period marked by economic pressure and uncertainty, dependable internet is no longer a convenience, it is a necessity. In these conditions, Glo continues to provide the stability that keeps work moving forward.
At this point, Glo stops being seen merely as a telecommunications company. It emerges as the invisible backbone of the Nigerian hustle, supporting the determination and resilience of everyday people. From POS operators and online merchants to students, delivery services, market traders, and remote workers who refuse to give up, Glo remains present in the background, quietly powering their efforts. In tough terrains, harsh weather, and challenging times, when other networks fluctuate or fade, Glo stays connected.
You may not always hear it announce itself loudly, and you may not notice it when everything is working smoothly. But when a single call saves a business, when one alert prevents a financial loss, and when one stable connection keeps a dream alive, Glo proves its value, not as noise or empty promises, but as consistent reliability and lived experience. And that is how quietly, consistently, and powerfully Glo continues to power Nigeria’s everyday businesses, sustaining dreams and survival UNLIMITEDLY…
Dr. Baba writes from Kano, and can reached via drssbaba@yahoo.com
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