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The Oracle: The NASS Cannot Amend the Constitution Through the Back Door (Pt. 3)

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By Mike Ozekhome

INTRODUCTION

We conclude our discourse on Section 84(12) today.

THE SUPREMACY OF THE CONSTITUTION

I commend the landmark judgment of Justice Evelyn Anyadike, for protecting the sanctity of the Constitution – the fons et origo; the grundnorm; which I have always described as the Oba, Eze and Emir of our laws. The Constitution constitutes the birth certificate of a nation. It highlights a Nation’s sovereignty and dignity.

The supremacy of the Constitution as against all other laws and Acts is provided for in section 1(1) and 1(3). By virtue of section 1(3) thereof,

“if any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other to the extent of the inconsistency be void”.

This supremacy has been severally emphasised in a plethora of cases. In UGBOJI V. STATE (2017) LPELR-43427(SC), the Nigerian apex court, per Amiru Sanusi, JSC (Pp. 23-23, paras B-D), held thus:

“My lords, permit me to reiterate that the Constitution of the Federal Republic of Nigeria, 1999, as amended, had by Section One, made provision to emphasise or assert its supremacy. By that provision, any law/statute or provisions thereof that runs riot and violent to the provisions of the Constitution or is in conflict with the constitutional provision is null and void to the extent of inconsistency. See A.G. ONDO STATE V. A.G. OF THE FEDERATION AND ORS (2002) 9 NWLR (Pt 772) 226.”

Consequently, where the provisions of the Constitution conflict with the provisions of Acts or Bills passed by the National Assembly and State Houses of Assembly, the former prevail. See also the cases of OLAGBENRO & ORS V. OLAYIWOLA & ORS (2014) LPELR-22597(CA); A.G. ABIA STATE V. A.G. FEDERATION (2006) 16 NWLR (Pt. 1005) page 265 at pages 290 and 291; AINABEBHOLO V. EDO STATE UNIVERSITY WORKERS FARMERS MULTI-PURPOSE CO-OPERATIVE SOCIETY LTD. & ANR. (2007) 2 NWLR (Part 1017) page 33 at page 50, paragraph G and P, 151 paragraphs C-D.

Indeed, the apex court has held in ISHOLA V. AJIBOYE (1994) 6 NWLR (Pt 352) 506, that the Constitution is not only supreme when another law is inconsistent with it, but also when another law seeks to compete with it in an area already covered by the Constitution. This is called the doctrine of covering the field. See AG, ONDO V. AG, FEDERATION (2002) 9 NWLR (Pt 772) 222; AG, OGUN STATE V. AG, FEDERATION (1982) 1-2 SC 7; SARAKI V. FRN (2016) LPELR-40013(SC); INEC V. BALARABE MUSA (2003) 3 NWLR (Pt 806) 72; NWANGWU V. UKACHUKWU & ANOR (2000) LPELR-6913(CA).

Consequently, it is clear that section 84(12) is loudly unconstitutional, null, void, of no effect whatsoever and was dead on arrival. As dead as dodo! This is because the Electoral Act (Amendment) Act, 2022, in section 84(12) imposed fresh hurdles on the part of political appointees to contest election during their party Congresses and conventions. The section is a direct frontal attack on and confrontation with the sanctity and supremacy of the Constitution. In that respect therefore, Justice Anyadike was correct to have struck down the section.

It must also be emphasized here that the Constitution reserves the right to expressly make provisions, and such provisions are usually interpreted literally.

An Act, Bill or even courts, cannot read into, or add words to the Constitution, nor subtract from it. As a result, the golden latin maxim of EXPRESSIO UNIUS EST EXCLUSION ALTERIUS – the explicit mention of one thing is the exclusion of another – applies to the Constitution. The Constitution has expressly provided for factors that disqualify aspirants who seek to contest elections in Nigeria. See PORTS AND CARGO HANDLINGS SERVICES CO LTD & ORS V. MIGFO (NIG) LTD & ANOR (2012) LPELR-9725(SC); EHUWA V. ONDO STATE INDEPENDENT ELECTORAL COMMISSION & ORS (2006) LPELR-1056(SC); and, WEST AFRICAN UTILITIES METERING & SERVICES LTD V. AKWA IBOM PROPERTY AND INVESTMENTS CO LTD (2019) LPELR-47089(CA).

The NASS has no vires to add to, or subtract from same. Consequently, section 84(12) of the amended Electoral Act is patently null and void, unconstitutional, unlawful, and of no effect whatsoever. I thank Justice Evelyn Anyadike for giving it a well deserved burial through her refreshing judgment.

THE POLITICAL SPECTRE LOOMING IN THE ENTIRE AMENDED CLAUSE

NASS V. BUHARI

I have, as ever always, in this outing, tried to avoid discussing the politics of the amendment brouhaha and concentrate only on my dissertation of the law on the subject matter. Otherwise, if we were to look at the politics of it, many questions immediately spring up for answers. For example, when did we ever witness the 9th NASS oppose President Buhari’s budgets, bills, letters, actions or requests? When did the NASS ever challenge or overrule Buhari’s nepotic, prebendalistic, tribalistic, cronyistic, religious and sectionalistic appointments in the last 7 years? I cannot remember. Or, can you? When did the “Mr-take-a-bow” Senate (my pet name for the present red chamber, for never ever properly screening public appointees (always telling them to take a bow and go); and for always kowtowing to Mr President’s serial requests for humongous loans that haemorage Nigeria ever oppose Buhari? We are talking about loans that await us like booby traps and sentinels at the door steps of generations yet unborn. I cannot remember when the NASS ever opposed Buhari. Or, can you?

THE ROLE OF THE ATTORNEY-GENERAL IN THIS SUIT

When did the Attorney General of the Federation, Abubakar Malami, ever refuse to appeal a judgement and spontaneously act the judgment with such automatic alacrity, in obeying Justice Anyadike’s order of court, as we just witnessed? Remember how court judgments and orders were serially disobeyed in the El Zakzaki and Ibrahim Dasuki cases? Would Malami have taken the same steps if the judgment had gone against him and the government? I think not.

THE ISSUE OF JOINDER

Why were the NASS (which initially passed the law), and INEC the implementor of  the law not joined in the suit, at least, as INTERESTED and PROPER parties, even if not as NECESSARY parties? See GREEN VS GREEN (1987) NWLR (PT 61) 481.

VOIDANCE OR DELETION?

Why would the Attorney-General seek to delete the offensive section 84 (12) as ordered by the Judge? A court’s duty stops at voiding an Act or law; but not to delete or repeal it. That is a job for the legislature or the Law Revision Commission. When did the Attorney-General (a top player in the Executive) possess statutory powers to delete Acts of the Legislature when laws are normally gazetted by the Legislature after the President and Governor had respectively signed bills into law? One should have thought that merely voiding the Act was sufficient until future amendment of the Act and consequential deletion of the offensive section, based on the court’s judgment in striking it down.

VENUE OF THE SUIT

By the way, why was the case filed at FHC in far away Umuahia, Abia State, when the Attorney-General works and resides in Abuja; and when the NASS and INEC (interested parties) are also located in Abuja? Was it an act of forum-shopping and Judge-shopping? I do not know. Or do you?

LOCUS STANDI

On locus standi, I do not agree with those who questioned the locus standi of Chief Nduka Edede, the plaintiff. Every Nigerian has the locus standi to question the validity of any statute he believes is unconstitutional.

In the case of AKINPELU & 20 ORS. V. AG OYO STATE (1985) 5 NCLR 557, it was held as follows:

“In my view, the question of locus standi vis-à-vis our present Constitution, cannot be adequately thrashed out without considering the effect of Section 4(8) of the Constitution…. In other words, the subsection places on the court a supervisory jurisdiction over the legislative powers by the National Assembly and a House of Assembly. As any citizen is affected by a new law enacted by the legislature, it seems to me therefore that such citizens should be accorded the right to challenge the constitutionality of such enactment. In the case in hand, I accept his evidence adduced by the plaintiffs that they reside in Lagelu Local Government and that they pay rates to Lagelu Local Government Council”.

In line with this trend of thought, the court in EJEH V. AG, IMO STATE (1985) 8 NCLR 390, relied on the causa célèbre of ABRAHAM ADESANYA V. PRESIDENT OF THE FEDERATION (1981) 2 NCLR 358, and laid down three principles thus:

“ (1) It behoves any person who is convinced that there is an infraction of the provisions of the Constitution to be able to go to court and ask for appropriate relief if relief is required.

(2) A defendant should be wrong in challenging the locus standi or the capacity of a plaintiff to sue, when the cause of action is intended to keep the law and the Constitution of the country serene and inviolate.

(3) Any person whose interest, obligation or rights are regulated by any law of general application is an interested party in a cause, matter or suit involving the determination of the validity or constitutionality of such law, notwithstanding that such a person is not made a party in the proceedings”.

In the said apex case of ADESANYA (supra), celeral Justice Kayode Eso, JSC (of blessed memory) had held, most lucidly that:

“It has to be accepted that our Constitution has undisguisedly put the Judiciary in a pre-eminent position, a position unknown to any other Constitution under the Common Law, where the Judiciary has to see to the correct exercise of the legislative powers by the National Assembly”.           

There are too many questions begging for answers in the way and manner the amendment was handled.

WAY OUT OF THE APPARENT CONUNDRUM

To avoid the present confusion and apparent bad blood generated by the protagonists and antagonists of section 84(12), the following steps could be taken immediately:

Firstly, the NASS should, in its ongoing Constitutional amendment exercise, amend section 66(1)(f) of the Constitution, to specifically include the following category of persons: “all political appointees by whatever name called” ,as persons who must give 30 days notice to be able to contest election.

Secondly, the NASS itself, political parties, politicians, lawyers, NGOs, members of the Civil Society and all those who are aggrieved by Justice Evelyn Anyadike’s judgment, should apply to the Court of Appeal for joinder in the suit as interested parties to force an appeal, or prosecute any appeal arising therefrom. This is legally permissible under the Constitution (section 243 of the party sought to be joined can show that he ought to have been joined in the suit. Court of Appeal Act and Rules. See the cases of MUDASIRU & ORS. V. ONYEARU & ORS. (2013) LPELR- 20354 (CA); KATAMI V. KATAMI (2018) LPELR- 46417 (CA); MOUKARI & ANOR V. WILLIAM & ORS (2021) LPELR-54860 (CA); IN: RE ELEMA (2018) LPELR- 46233 (CA); WAZIRI V. GUMEL (2012) LPELR-2843 (SC). I believe such an application will be granted without much ado. Thirdly, where the Attorney-General willfully refuses to appeal the judgment, such aggrieved persons can challenge the deletion of section 84(12) in a fresh suit. Let us develop our jurisprudence. Let us expand new vistas and expound the frontiers of the law through judicial decisions. Let us situate our arguments within the proper legal regime and constitutional organogram of our laws, devoid of political sentiments, emotions and morality. There is a wide gulf between the “lex lata” (the law as it is) and the “delege ferenda” (the law as we would want it to be). I have observed that many analysts usually anchor their arguments on morals and ethics. Jurisprudence and law are not morality. Such moralists are advised to seek refuge at the pulpits in our churches, monasteries; or mosques; or even shrines. But, certainly not hard-cold law. (Concluded).

FUN TIMES

“A man mistakenly told his wife, Adam didn’t pay bride price for Eve. She pointed out that God was Eve’s dad and HE took ribs”.- Anonymous.

THOUGHT FOR THE WEEK

“Justice in the life and conduct of the State is possible only as first it resides in the hearts and souls of the citizens”. (Plato).

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Opinion

Nation Building Reimagined: Integrated Principles and Strategies for Sustainable Growth

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By Tolulope A. Adegoke, PhD

“True nation building is not the work of the state alone, but a harmonious convergence where empowered peoples provide the foundation, innovative corporates generate the momentum, and visionary institutions ensure direction — together forging sustainable prosperity, social cohesion, and enduring national strength for current and future generations” – Tolulope A. Adegoke, PhD

Nation building is a deliberate and continuous process of constructing cohesive, resilient, and prosperous societies capable of realising their full potential. It extends far beyond political structures or state institutions to encompass three interdependent spheres: peoples (individuals and communities), corporates (businesses and private-sector organisations), and nations (governance institutions and the state). When these spheres are strategically aligned through sound principles and practical strategies, they generate all-round exploits — inclusive economic growth, social cohesion, innovation, human flourishing, and global competitiveness.

This comprehensive framework offers actionable guidance for sustaining productive and progressive development. It is grounded in universal principles validated by international development experience, economic history, and governance studies, making it relevant for scholars, policymakers, business leaders, and development practitioners worldwide.

Foundational Principles of Effective Nation Building

Successful nation building rests on six core principles that transcend cultural, geographical, and ideological differences:

Inclusive Human Dignity and Agency — Recognising every citizen as both beneficiary and active architect of national progress through equal opportunity and rights protection.
Institutional Integrity and Rule of Law — Building transparent, accountable institutions that foster trust and predictability.
Economic Dynamism and Shared Prosperity — Promoting broad-based growth that benefits individuals, businesses, and the state simultaneously.
Social Cohesion and Cultural Resilience — Forging unity while respecting diversity to create a shared national identity and purpose.
Adaptive Leadership and Long-Term Vision — Combining strategic foresight with the flexibility to learn and adjust.
Sustainable Resource Stewardship — Balancing present needs with intergenerational equity in environmental and fiscal matters.
These principles provide a universal compass for development, as evidenced by cross-national data from the World Bank’s Worldwide Governance Indicators and the UNDP Human Development Reports.

 

Core Strategies Across the Three Spheres

For Peoples (Individuals and Communities): Nation building begins with empowering citizens. Key strategies include universal access to quality education and skills development, robust health and social protection systems, community-driven development programmes, and targeted initiatives for youth and women empowerment. These efforts enhance social mobility, reduce vulnerability, and foster active civic participation.

For Corporates (Businesses and Private Sector): Corporates serve as the primary engine of wealth creation and innovation. Effective strategies involve creating an enabling business environment, promoting public-private partnerships, enforcing strong corporate governance and ethical standards, and implementing talent development and local content policies. When supported appropriately, the private sector generates jobs, technological advancement, and tax revenues that fuel broader development.

For Nations (State Institutions and Governance): The state provides the overarching framework for progress. Strategies include institutional reform and capacity building, decentralisation for better responsiveness, evidence-based policy making, and strategic regional and global integration. Strong institutions ensure equitable rules, policy continuity, and effective service delivery.

Sustaining Progressive Growth in Nigeria

In Nigeria, this integrated framework offers a practical pathway to convert demographic and natural endowments into sustained prosperity. At the peoples’ level, investments in education, health, and skills development can transform the large youth population into a productive demographic dividend. For corporates, policy predictability, infrastructure development, and public-private partnerships can drive diversification beyond oil into agriculture, manufacturing, and digital services. At the national level, institutional reforms, anti-corruption measures, and evidence-based governance would reduce policy inconsistency and enhance public trust.

When these elements reinforce one another, Nigeria can achieve higher productivity, reduced poverty, greater social cohesion, and improved global competitiveness — creating a virtuous cycle of inclusive growth.

Advancing Development in West Africa

Within the ECOWAS region, the framework supports deeper integration and collective resilience. Strategies for social cohesion help address cross-border challenges such as irregular migration, climate impacts, and youth unemployment. Corporate-focused approaches encourage intra-regional trade and industrialisation through harmonised policies and stronger value chains. Institutional strategies promote policy coordination, joint humanitarian response, and shared security mechanisms.

By applying this model, West African countries can move from fragmented national efforts toward coordinated regional progress, enhancing food security, energy access, and economic competitiveness while building resilience against external shocks.

Driving Continental Transformation in Africa

Across Africa, the principles and strategies align closely with the African Union’s Agenda 2063 and the African Continental Free Trade Area (AfCFTA). Sustainable resource stewardship helps convert natural wealth into long-term human and infrastructure investments. The corporate strategies support regional value chains and industrialisation, while institutional reforms strengthen governance and reduce trade barriers.

When implemented continent-wide, this approach fosters inclusive industrialisation, technological advancement, and reduced external dependency — positioning Africa as a major driver of global growth in the 21st century.

Global Relevance and Contribution

On the global stage, the framework provides timely lessons for both developed and developing nations navigating technological disruption, climate change, and rising inequality. The emphasis on shared prosperity and social cohesion offers pathways to mitigate polarisation. The integration of corporates as development partners demonstrates how private-sector innovation can serve public goals. Institutional strategies of adaptive leadership and evidence-based policy making are universally applicable in managing complex transnational challenges.

Nations adopting this model contribute to global stability by reducing conflict drivers, enhancing food and energy security, and participating constructively in multilateral systems. In this way, the framework supports the United Nations Sustainable Development Goals and helps build a more equitable and resilient world order.

Conclusion: A Practical Pathway to Enduring Progress

The principles and strategies of nation building presented here constitute a balanced, interconnected discipline capable of sustaining productive and progressive growth across multiple scales. For Nigeria, they chart a course from potential to performance. For West Africa, they strengthen regional solidarity. For Africa, they accelerate continental transformation. And for the global community, they offer practical wisdom for building fairer, more stable societies.

True nation building succeeds when peoples, corporates, and state institutions reinforce one another in a virtuous cycle. Its greatest strength lies in this holistic integration — recognising that sustainable development requires empowered citizens, innovative enterprises, and effective governance working in harmony.

In an increasingly interdependent world, embracing these principles with consistency, courage, and collective ownership is not merely beneficial but essential. Nations and regions that do so will unlock enduring prosperity, resilience, and a respected place in the global community. The framework provides both the vision and the practical tools needed to turn potential into lasting achievement for current and future generations.

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

Dear CDS, NSA, Your Prodigal Sons, Brothers Have Killed General Braimah

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By Eric Elezuo

Almost five months since the yet to be explained killing of Brigadier General Musa Uba, another high ranking military officer, another Brigadier General, has been unlived. He was Brigadier General Oseni Omo Braimah, Commander of 29 Task Force Brigade Operation Hadin Kai, Maiduguri Borno State.

The sadness that followed the brutal killing of the Brigade Commander, can almost be touched, dear Nigerians, with special call out to the National Security Adviser, Mallam Nuhu Ribadu, and his counterpart, the Chief of Defense Staff, General Olufemi Oluyede. These men, have at separate fora concassed for the kid gloves handling of terrorism activities, and terrorists.

Ribadu, it was, that asked that terrorists be rehabilitated as they are ‘our brothers. Oluyede echoed the stand, saying the terrorists are equated to the biblical prodigal son, and therefore should be received with open hands. This he said to justify his latest ‘Operation Safe Corridor’, designed to welcome ‘repentant’ terrorists and bandits, and have them reintegrated into the society.

It is still these same ‘brothers’, and ‘prodigal sons’ that overran a military base in Benisheikh, reportedly killing 18 soldiers including the Brigadier General. According to the Army, however, the number of deaths was overhyped, claiming that only two officers and two other soldiers were killed in the battle, where again, according to them, the military had the upper hand, and successfully repelled the assailants while maintaining their positions.

Much as the military agreed that they lost four soldiers, they have failed to produce casualties, or even speak about the number of casualties on the side of the terrorists, in the same battle they claimed they had the upper hand. It’s still hard to believe that the prodigal sons and brothers snuffed the life of a general, and according to reports, he was caught like a sitting duck.

The prodigal sons with the attendant ‘brothers’ did not stop there; they proceeded to kill a Forest Guard Commander and five others in Kwara, just as they mercilessly hacked to death eight members of the same family in Bokkos, Plateau State. The list is endless. This is the annoying story of prodigal sons and brothers. Thanks to the NSA and the CDS.

Someone once said that that the only mercy a terrorist or bandit deserve is the mercy of God. And it is the duties of the authority to send them to God for such mercy. Why is the authority refusing to perform their own duties? Why play the part of God?

Why do we keep handling merciless killers with kid gloves, and turn around to call them sons and brothers. While they, in turn, are only looking for opportunity to strike again.

These people have gone from being brothers to becoming animals; very dangerous and ugly beasts that have lost the capacity to show mercy, and so should not be shown any mercy when caught.

Dear NSA and CDS, you must understand that these people have been extremely radicalised, and can no longer fit into the society of sane beings, and therefore, should be put away permanently. We can’t continue to operate a safe corridor, which thrive at experimenting with the lives of innocent Nigerians. No bandit or terrorist is worth rehabilitating, talk less of being integrated into the military or society. Whoever does that is complicit, and should be treated as an enemy of the Nigerian state.

The NSA and the CDS should begin now to revisit everyone they have ever pardoned or reintegrated into the society for they are part of our problem. They are culpable.

General Uba died saraa, as we say in our local parlance. We should not let Braimah die saraa too. We must not allow this irresponsibility happen again. I’m not borrowing any words from the president because all his words appear empty, while Nigerians continue die in droves, even when the country is not really at war.

Time to jettison this brother, cousin, prodigal son rubbish, and deal decisively with terrorists and bandits.

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Opinion

Ovation @30: A Triumph of Vision, Courage and African Excellence

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By Dr. Sani Sa’idu Baba

There is an African proverb that says, “However long the night, the dawn will surely break.” No story embody this truth more powerfully than that of Chief Dele Momodu and the remarkable rise of Ovation International. Founded in April, 1996 at the height of the Sani Abacha regime, Ovation was born not out of comfort, but from adversity. In forced exile in London, faced with uncertainty and hardship, Momodu chose not to surrender to circumstance but to challenge it, daring to create a global lifestyle magazine at a time when Africa’s image was largely defined by negativity.

From that improbable beginning emerged a publication that would go on to redefine how Africa is seen by the world. Ovation introduced a different narrative, one of elegance, achievement, culture, and pride, documenting African success stories with unmatched consistency. At a time when global media often overlooked the continent’s brilliance, Ovation boldly projected it, celebrating milestones, personalities, and cultures across Africa and its diaspora. It became a powerful cultural bridge, connecting cities and continents while showcasing an Africa that is vibrant, accomplished, and globally relevant.

Over the past three decades, Ovation has not merely reported stories, it has shaped destinies and elevated generations. It has provided a platform for emerging talents in entertainment, business, and public life, often spotlighting individuals long before they attained global recognition. Its influence extended beyond storytelling into economic and social impact, creating employment for thousands across journalism, photography, real estate, design, and event production, while also setting new standards in lifestyle media, enterprenership and event documentation. Long before the rise of digital platforms, Ovation was already global, distributing African excellence to audiences around the world and strengthening the connection between Africa and its diaspora.

Through changing times and technological revolutions, Ovation International has remained consistent in quality, bold in vision, and authentic in purpose. Its ability to evolve without losing its identity is a testament to its strength as not just a magazine, but an enduring institution. Today, as it marks 30 years of impact, it stands as one of Africa’s most influential media platforms, one that has significantly contributed to reshaping global perception and asserting Africa’s place in the world.

This milestone is a celebration of resilience, vision, and legacy. It is a tribute to the pride of Africa Chief Dele Momodu, whose courage transformed hardship into history, and whose dream once considered unrealistic became a continental force. It is also a celebration of the entire Ovation family, whose dedication over the years has sustained and expanded this vision. Thirty years on, Ovation is not just a witness to Africa’s story, it is one of its most powerful storytellers.

A big thank you to Chief Dele Momodu for proving long ago that Africa is not synonymous with bad news, and congratulations on three decades of excellence proof that when the dawn finally comes, it can illuminate the world.

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

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