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Opinion

The Oracle: Are INEC Resident Commissioners Homeless Bats? (Pt. 1)

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By Mike Ozekhome

INTRODUCTION

I watched and listened very carefully to my good friend, Chief Festus Okoye, the Independent National Electoral Commission (INEC)’s cerebral Commissioner for Information and Voter Education, on his recent television interviews on Channel and AIT stations. I completely disagree with his take and analysis of the place and space of the Resident Electoral Commissioner (REC) in the organogram and scheme of things concerning the electoral process in Nigeria. His analysis, which literally dismissed the RECs with a wave of the hand in a most cavalier manner, if swallowed hook, line and sinker, has the dangerous effect of not only completely defanging RECs and rendering their electoral efforts at the State grassroots levels completely useless, but also of creating avoidable turmoil and schism within INEC itself, as one homogeneous and independent family unit. It can also have the unintended serious consequence of self-immolation which can self-destruct. It amounts, in my humble view, to saying that the RECs who are constitutionally created across the 36 states of Nigeria, simultaneously and indeed under the same sections with INEC Chairman and the 12 National Commissioners that Okoye harped on, are no more than mere appendages to INEC Commission headquarters, and therefore toothless bulldogs and amoebic bats that neither belong to the animal kingdom, nor to the birds kingdom.

It appears to me there is a deliberate and sustained effort by INEC Headquarters to diminish RECs powers and clip their wings, for reason best known to it. If RECs’ monitoring and conduct of elections at state level levels can be whimsically and capriciously discarded because, according to Okoye, they are mere delegates of the national body of INEC Commission that comprises only of the Chairman and 12 members, then one must ask why the Constitution created them at all in the first place. Can the human anatomical body be whole simply by having a head and stomach alone, without the brain, limbs, eyes, teeth, ears, tongue and nose? I think not. How come, if we were to follow Okoye’s argument to its logical conclusion, that a mere witlow suffered by a person on his tiny thumb ,keeps the person’s entire body in pains, agony, pangs and sleeplessness throughout the night?

SOME LEGAL ANALYSIS

Section 153 (1) (f) of the 1999 Constitution as amended provides for the establishment of certain federal bodies, which includes INEC.

By virtue of section 153 (2) thereof, the “composition” and powers of the bodies established in section 153 (1) above (which includes INEC), are as contained in part 1 of the 3rd Schedule to the Constitution.

Now, Paragraph 14 (1) of the said 3rd Schedule clearly provides that:

“INEC shall comprise the following members –

(a) Chairman, who shall be the Chief Electoral Commissioner;

(b) Twelve other members to be known as National Electoral Commissioners …”.

However, the same paragraph 14, but under subsection (3), immediately provides for the establishment of the office of the Resident Electoral Commissioner (REC) “for each state of the Federation and the Federal Capital Territory, Abuja”. There are 36 states of Nigeria by virtue of section 2(3) of the Constitution. Without these states, there is no sovereign entity by the name “Nigeria”. The criteria for appointing the Chairman, 12 Electoral Commissioners and the REC is that they must be non-partisan a person of unquestionable integrity. But while the age of the Chairman and the 12 National Commissioners is fixed at 40 and 35 years respectively, that of the RECs is fixed at 35. Being constitutional creatures, the Chairman, 12 National Commissioners and RECs all enjoy the same statutory protection, recognition and respectability. None has powers to undermine or ignore the other.

WHO THEN IS A MEMBER OF INEC COMMISSION

The answer as regards membership of INEC the Commission can be found in section 153 (2) of the Constitution. It provides that the composition and powers of the Commission are as contained in part 1 of the 3rd Schedule.

“Composition”, by definition according to page 207 of the Webster’s Ninth New Collegiate Dictionary, simply means, “the manner in which something is composed”.  “composed of” is itself defined at page 286 of the Black’s Law Dictionary, Centennial edition, as, “formed of; consisting of”.

Even the New Webster’s Dictionary of English Language (International Edition), at page 200, also defines “composition” as meaning “content with respect to constituent elements”.  To be sure, the word “constituent”, according to page 207 of the Webster’s Ninth New Collegiate Dictionary, means “essential part; component, element”; or “serving to form, compose or make up a unit or whole”.

It is therefore crystal clear and beyond disputation (except for those who may want to engage in banal intellectual masturbation) that the word “composition” as deployed in section 153 (2) of the Constitution regarding the membership of INEC simply means nothing beyond the aggregation of those bodies established under section 153(1). Only this meaning logically accords with the clear words and phrases used in all the definitions above stated.

Let us see them once more: “essential part; component elements’’; or, “serving to form, compose or make up a unit or whole”; or “formed of; “consisting of”; or “content with respect to constituent elements”.

The next question that agitates the mind is, what then is “member”, and how do we demonstrate that the meaning of “composition” as used in section 153 (2) simply means membership of INEC?

“Member”, says page 740 of Webster’s Ninth collegiate Dictionary, simply means “one of the individuals composing a group”; or “a constituent part of the whole”. Also, “member”, according to the Black’s Law Dictionary, Centennial edition, on the other hand, means “one of the persons constituting a family, partnership, association, corporation, guild, court, legislation or the like”.

Thus, exactly the same words are employed in all the dictionaries cited above to define the two words, “compose” and “member”.  What this translates to is that the words, “composition” and “membership”, are not mutually exclusive, but can be used interchangeably to mean the same thing.

By simple analytical deduction, when section 153 (2) of the Constitution speaks of the composition of the Commission being as defined in part 1 of the 3rd Schedule to the Constitution, what the section is simply saying is that the membership  of INEC shall be as contained in the said part 1 of the 3rd Schedule. By extension, and when stated slightly differently, the persons mentioned in the said part 1 of the 3rd Schedule relating to INEC are also all members of the Commission, notwithstanding that the word “member”, has not been specifically used therein. Membership and composition are therefore synonyms that can be used interchangeably here.

For the avoidance of doubt, paragraph 14 (1) of part 1 of the 3rd Schedule to the Constitution used the word “member” with respect to Chairman and 12 National Commissioners. However, subsection 3 of the same paragraph 14 went ahead to frontally make provisions for the establishment of the position of REC in each state of the Federation and the FCT. How then can it be reasonably argued that the same schedule 14 which recognizes not only the Chairman and the 12 National Commissioners, but also the same RECs of 36 states and the FCT, can decide to accord recognition to, and ascribe duties to the former alone, whilst excluding the latter?

It simply does not add up, both in realms of law, logic, morality and constitutionalism.

My humble take therefore, is that the Chairman of the Commission, the 12 National Commissioners and the 37 RECs are all members of the same INEC (Commission) family; no more, no less. None is a child of bastard. None suffers from any form of dubious or questionable pedigree. This is more so as their existence draws life from the same oxygen freely donated by the same paragraph 14, with one falling under subsection (1) and the other under subsection (2), within same part 1 of the 3rd Schedule to the 1999 Constitution, which clearly provides for the “composition” of INEC.

To deny this is to deny that six is the same thing as half a dozen and that Hamlet is same as the Prince of Denmark. It will thus amount to the greatest illogicality and delusional fallacy of all times to argue that RECs whilst being constitutionally recognized to “compose” or form the “composition” of the INEC, are at the same time denied of being “members” of the same INEC. It will amount to giving power and recognition with the left hand, and at the same time simultaneously snatching same back with the right hand. Such will not make any common, thematic, logical, legal, grammatical or constitutional or sense.

Mr Okoye argued strenuously that Paragraph 15(h) of part 1 of the 3rd Schedule to the Constitution provides that INEC Headquarters (the Commission) shall “have powers to delegate any of its powers to Resident Electoral Commission”. So what? Does this mere administrative function overrule the constitutional importance of REC? While Section 6(2)(a) of the Act, a  REC is answerable to The Commissioner by virtue of Section 6(2)(b), the REC holds for 5 years term which is renewable for another 5 years. And by virtue of Section 6(3), of the Act, a REC can only be removed by the President, acting on 2/3 majority vote of the Senate, due to infirmity of mind or body, or for misconduct, or for any other cause. Indeed, says Section 6(4) of the Electoral Act, the “appointment of a REC shall be in compliance with Section 14(3) of the Constitution…. and Section 4 of the Federal Character Commission (Establishment. Etc) Act”. Thus, section 6(4) of the Act imposed more qualifying criteria on the REC than the Chairman and 12 National Commissioners. (To be continued).

FUN TIMES

“MAN: I dreamt last night that women have started hating money.

WOMAN: Learn to sleep early and on a nice bed to avoid such stupid and horrible dreams”.

THOUGHT FOR THE WEEK

“Sincerity makes the very least person to be of more value than the most talented hypocrite”. (Charles Spurgeon).

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Opinion

The APC is jittery by Karounwi Adinni

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Very jittery about the coalition, and it should rightly feel so.

If coordinated properly, they have the capacity and numbers to upstage APC, from national politics.

If they manage to do it, it will be well-deserved.

The neo-liberal economic policies embarked on by BAT has shrunk the economy brutally.

The country has shrunk far more economically after removing fuel subsidy, particularly when electricity is still non-existent, raising production costs infinitely and lowering spending, making it a double-whammy for millions.

Electricity costs have been double even when its generation, distribution and transmission hasn’t improved significantly blunting claims of Nigerians needing to pay humongous amounts if they want electricity, even if several examples exist of Countries in the Global South with far more reasonable electricity charges with even more access to electricity.

Let’s now add devaluation, that skyrocketed costs of goods in an import-dependent economy and ran more millions into penury.

War-level inflation, rising costs of living, food prices off the ceiling.

And what they have been told is that, that is the only way to rejig the economy.

The supposed billions stolen by subsidy thieves hasn’t been retrieved, and perpetrators jailed.

Customs officials that permit fuel smuggling that justified subsidy removal weren’t arrested and jailed.

Yet, the people who weren’t responsible for these lapses were told to stomach these lapses and adjust to “SAP” tightening adjustments.

Minimum wage of 70k has still not been paid, what was done was a cynical 40k wage award across levels. This after fuel went from 185 to over 900 naira in some places, and skyrocketing prices of goods quarter-by-quarter.

In 2000, When Olusegun Obasanjo raised minimum wage from 250naira to 5500 naira, and Federal civil servants pay raised from 3500 to 7500, it triggered the phrase “GBEMU AREMU” (Aremu’s Largesse) that raised national income and subsequent spending across several sectors.

Teachers would buy Opel cars prompting applause when it was announced on assembly grounds, and several civil servants started building houses leading to a construction boom.

Federal contractors are being owed despite government claims of record revenues, and gaslighting statements of more allocations being accrued to Governors.

Let us now go back to pet peeves about allocation of projects.

Gilbert Chagoury’s HITECH got awarded the “Lagos-Calabar coastal road”

The same Chagoury’s HITECH got the Sokoto-Badagry road.

The same HITECH was awarded Benin-Akure-Ilesha road.

Abuja-Kaduna-Kano road was taken from Julius Berger and handed to HITECH.

Chagoury’s ITB also got $700m port revamp contract.

BAT says Alex Zingman who got the $250m contract to bring in tractors from Belarus is his friend.

When major contracts are given to closet accolytes in a family&friends scheme, how will the economy grow, when fairness is out of the window.
Multi-billion dollar contracts are being handed out attimes with no bidding to preferred contractors whom the President openly calls “His Partner” (Chagoury).

This is the samee Chagoury who returned $66million to Switzerland to get his conviction expunged.

He paid $300million to Nigeria’s government to protect him from prosecution for his role in helping General Sani Abacha loot the country by transferring National funds abroad.

Abacha’s special friend tha helped launder money abroad is BAT’s advisor and confidante whose companies get no-bidding contracts and people are to keep quiet.

Yet, APC stalwarts will attempt to gaslight people by saying “Relax, economy is getting better, BAT knows what he is doing”, even when diaspora Nigerians who come into the country exchange their Pounds and USD into Naira, and still cannot cope with the skyrocketing prices.

People are being told to sacrifice, while they see the Presidency buy yatch, new vehicles and Presidential Jet.

If it’s the ADC that will come and trigger the APC, we are all in for it.

Even if several of the characters in ADC have been in government for years. Distributed stealing is much better for the economy than singular appropriation.

Perhaps, when Nigerians change governments over and over, politicians will sit tight and apportion some efforts towards working for masses and treat people with some level of respect.

And the coalition should watch out for Aregbesola, the main reason that has given the coalition impetus. He is not a man who gives half-measures. And he is coming for revenge.

There is no fight as interesting to watch as tight buddies turn into implacable foes.

Knowing him, Aregbesola would likely have control of Lagos ADC, where he would bring in many elements of APC currently disaffected and angry into the party.

Being more conservative than even Tinubu, he would avoid trap of filling positions with non-Yorubas.

What would ensue in Lagos, with an Aregbesola-controlled ADC will be a fight for the ages, people who knew “Senator Bola Ahmed Tinubu” before he became “Asiwaju” or “Jagaban” would be brought into the fray.

Imagine for example, Muiz Banire, as Governorship candidate. Prominent families, in Lagos will be split down the middle, as Aregbesola comes for the jugular.

And woe betide APC, if the North refuses to vote for them and APC loses the Presidential election.

It makes the task of dismantling even Lagos from Tinubu’s hold after 28 years easier.

Tinubu’s current yes-men gaslighting people about economy should continue telling people all is well, even when economy squeezes people out.

In 2 years, they might lose everything. Both Federal and beloved Lagos.

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Opinion

Imperative of the Battle Against Impunity

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By Ayo Oyoze Baje

“When a leader encourages the culture of impunity, the society is lost and it makes the work harder for the rest of us”
– Prof. Wole Soyinka

One of the bitter facts about striking the delicate balance between criminality and justice is that if the perpetrators of sundry crimes are either treated with kid gloves, or left to walk our streets as free men, some others would view such as the best way to go. Unfortunately, from the persisting challenge of insecurity through the reckless squandering of public funds by some favoured political helmsmen to budget padding, crass impunity has remained the middle name of our democratic dispensation, sad to note.

For instance, recently Human rights lawyer, Femi Falana (SAN), criticized both the Federal and Benue State Governments for consistently failing to prosecute suspects arrested in connection with violent attacks that have resulted in the killing spree in Benue State. In the statement issued under the platform of the Alliance on Surviving COVID-19 and Beyond (ASCAB), of which he is the Chairman Falana lamented that although hundreds of suspects have been arrested over the years for crimes ranging from illegal possession of firearms to mass killings and kidnapping, most of them are never charged.

To him President Bola Tinubu’s recent directive to the Nigeria Police Force to arrest and prosecute all those involved in the latest wave of violence in the state is potentially symbolic.He pointed out that previous arrests had not led to convictions or justice for victims. Falana also berated the Chief of Defence Staff, General Christopher Musa, for alleging that residents of Yelwata community provided shelter for the killers. He described the statement as an attempt to shift blame onto victims instead of addressing the systemic failures of security and governance.

Such a sordid situation triggers the burning questions. Is the life of the voiceless victims not important to humanity in general and the country in particular? Are the perpetrators of the scary insecurity ravaging the country that has sent hundreds of thousands of innocent souls to their early graves more valued than that of the defenceless citizens? What is so difficult in identifying the sponsors, who arm them to kill fellow citizens and bring them to justice?

It is a similar situation when it comes to profligacy with regards to the way and manner some politicians squander public funds. Only recently there was disagreement between the National Assembly and the BudgIT over the issue of budget padding to the stupendous amount of N6.93 trillion in the 2025 federal government’s budget. Yet, some Nigerian contractors have remained unpaid for about a year! And there are allegations about some of them awarded contracts without going through the fiscal policy relating to the budget. That runs against Section 5 (b) of the Public Procurement Act. That is impunity, is it not? Yes, it is. But the pain in all of these is that the culture of impunity in places high and low has been with us for eons.

As yours truly highlighted through an opinion essay back in April 2017 all the hue and cry that trailed the probe into the $10billion(or is it $16 billion) sleaze in the power sector years back has long suffered from what physicists call the Doppler Effect, or died a Nigerian “natural death”. And as one warned back then that “was not the first time and it may not likely be the last unless government musters the much needed political will to bring the perpetrators to book.” But is the situation any better today? The answer is patently obvious.

These days we read about the humungous amounts, even in dollars found stashed in the private vaults of some former public office holders. From local government council chairmen to senators and governors, it is a recurring ugly decimal of national shame. But some hungry and disenfranchised poor citizens caught for stealing fowls and goats are either sent behind bars or hounded to hell!

It speaks volume about how those in government interpret words such as accountability, probity and transparency. It demeans us all as a people that those vested with the sacred trust of holding the destiny of men and materials of a country as vast as Nigeria are allowed to go Scot-free after committing various heinous crimes against the state. No one talks about the $12 billion Gulf War windfall again because some people are above the law. Not a few former state governors were once paraded by the EFCC as suspected to have siphoned state funds for self-aggrandizement.But years later some of them have the audacity to want to go back to their former offices, or find their ways to the hallowed Red chamber to make laws for you and yours truly. All these happen because of the insidious culture of impunity

As it was between 2015-2023, one is not surprised, therefore, that some corrupt politicians who defected from the PDP to the ruling APC are surreptitiously enjoying some ignoble immunity. It has happened before. All of these make a mockery of our judiciary process. Many of the proceedings are centuries away from the Information Technology and Communication(ICT) age as obsolete type – writers are still used for recording purpose. Series of laughable injunctions take over the well scripted drama of the absurd, characterized by the shameless display of former politicians suspected of grievous financial crimes, raising their hands in bravado as their paid praise worshippers fan their battered and bruised ego.

It is little of a surprise therefore, that virtually all notable institutions of government; from ministries to departments and agencies have in the past years of our democratic experience been probed for one fraud or the other. But after years of turning their searchlight to unveil the rattling skeletons in their cupboards, nothing meaningful comes out of it.
To several of those accused of such financial misdemeanor Nigeria is one big, slumbering elephant to be milked dry. And the easiest way to have a piece of the national cake is to get elected or appointed into any plum political post. But for how long can we go on this way? Not much longer, I dare say.

Corruption, which is a debasement of set moral values and a violation of standard professional ethics is like a two – edged sword that cuts both the victim and the misguided beneficiary. When those who have short changed the system are not brought to speedy justice it emboldens others with similar criminal inclinations to commit worse crimes.

It is responsible, as in the Nigerian politico-economic situation for the countless pot hole – riddled roads, the epileptic power supply, pervasive preventable diseases and mass youth employment that have turned into daylight monsters haunting us all.

As one admonished the then President Muhammadu Buhari-led administration in 2017 so I do now to the President Bola Tinubu-led government. To shame all critics he must muster the political will, backed with the enabling laws by the National Assembly to transform both the EFCC and the ICPC into well toothed bulldogs that bark and bite. And no one, no matter his political persuasion, must be above the rule of law. As Isabel Allende aptly stated: ” Nothing is as dangerous as power with impunity”.

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Opinion

Skills Acquisition: Way Forward for Nigeria’s Educational Development

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By Ayo Oyoze Baje

“The future belongs to those who learn more skills and combine them in creative ways” – Robert Greene

As concerned Nigerians keep deliberating on the best way to navigate the twists and turns inherent in our education delivery system, if yours truly has his way secondary school students should be spending three days of each week for theoretical knowledge and two for practical skills development. These include skills such as tailoring/fashion design, hair dressing and carpentry. Others include building construction, painting, domestic farming, singing, acting, oratory and comedy.

This has become more expedient because in 2023, Nigeria ranked 100th out of 100 countries in Coursera’s Global Skills Report in terms of skill proficiency. Incidentally, the country also ranked low within the Sub-Saharan Africa, placed 12th out of 13 countries.In fact, other African nations such as Botswana and Cameroon outperformed Nigeria in the same report. This was an indication of a significant skills gap in the country. But recent indicators suggest an increase performance that should be built on. For instance, Nigeria showed the fourth-highest year-on-year growth rate for Professional Certificates enrollments on Coursera. This clearly suggests a growing awareness and participation in skills development initiatives which should be built on.

For instance, the unemployment rate in Nigeria stands at about 4.84% in 2025, according to Statista. com. This translates to an estimated 5.74 million people who are unemployed. Similarly, the youth unemployment rate is around 7.50% according to Trading Economics.

Given the current global influence of information technology, the expanding impact of Artificial intelligence ( AI ) and the soaring influence of climate change. Others include the increasing need to ride the freaky waves of economic survival, and the stifling space for employment, not only in Nigeria but across the globe. Yet, the country is abundantly blessed with rare talents in different fields of human endeavour.

Mention names such as Silas Adekunle, known for his robotics expertise and the world’s first intelligent gaming robot or Riya Karumanchi, who invented a device to assist visually impaired individuals the importance of skills acquisition in the development of the talents of our youth gradually dawns on us.

It is a similar scenario when the name of
Hassan and Hussaini Muhammad, who created a way to convert petrol, water, salt, and alum into hydrogen cooking gas crop up. And out there there are other young Nigerian inventors such as Khalifa Aminu (FM transmitter), Muazzam Sani (remote-controlled car), and the team behind the smart walkway light and automatic irrigation. The importance of skills acquisition cannot therefore, be over emphasized.
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Put in its simple terms, skills acquisition is crucial for Nigerian students academic development, because it enhances their employability, as well as boosts entrepreneurship. In fact, it contributes to overall national development. According to experts on educational development it empowers students to be self-reliant, reduces poverty and unemployment, and also provides them with a global perspective.

The impact and import of students’s skills acquisition is amply deployed in Bells University of Technology, Ota, Ogun state. There, students are exposed to the practical aspect of whatever course they are studying such that seasoned professionals are invited to deliver the practical aspect of their theoretical knowledge.Such is the impact that engineering students have become problem solvers. They have constructed pavements, fences, designed and built solid infrastructure.

Furthermore, the Centre for Agricultural Technology and Entrepreneurial Studies (CATES) has come up as a key initiative at the same university. As a noble cause it was established to foster practical, solution-oriented approaches to agricultural and entrepreneurial development within the university and the wider community. The skills promoting aspect of it is that CATES focuses on areas such as poultry technology, aquaculture, cassava farming, and mushroom culture. It also operates a vegetable farm and a plantain farm on campus. All these explain why graduates of the citadel of knowledge become self employed, with several of them kick starting the process right from the University as undergraduates. All these boost their financial independence while they contribute to the Gross Domestic Product, GDP.

Skills acquisition therefore,
increases employability, more so in today’s competitive job market. Having relevant skills makes students more attractive to employers. These include skills such as digital literacy, communication, and problem-solving, which are highly valued across various industries.Entrepreneurship programs teach them how to start and manage their own businesses. This eventually, leads to economic growth and improved living standards with appreciable Human Development Index, HDI. By equipping students with practical skills, skill acquisition programs can assist to lift individuals and families out of the terrifying trap of poverty and ultimately reduce the unemployment rate for the country.

From the global perspective, many skills are transferable across borders. This is one good lesson learnt from the COVID-19 pandemic. Nigerian students can latch on it to participate in the global economy through remote work or international collaborations. It also fosters confidence in students, assist them to adapt to the global socio-economic dynamics,while instilling a sense of accomplishment in them, thereby contributing to overall personal growth.

Of great significance, is that
a skilled workforce is essential for the nation’s economic growth and technological advancement. Overall, the skill acquisition programs contribute to building a more productive and innovative society. So Nigeria work on the report which highlighted specific skill areas where it lags, especially technology and data science.

Nigeria should also learn from countries that stand out for their high levels of skill acquisition and development. These include Northern European nations such as Finland, Norway, and Sweden which consistently rank high, along with Switzerland, Singapore, and Germany. These countries often prioritize education, training, and creating opportunities for their populations to acquire and utilize a wide range of skills. As rightly noted by Malcolm X: ” Education is our passport to the future, for tomorrow belongs to those who prepare for it today”.

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