Opinion
Scholar in Power: Reflections on Democracy and the Future of Nigeria
Published
2 years agoon
By
EricBy Wale Adebanwi
Protocols.
Let me start at the beginning. I will then correlate this with the import of the interregnum in the governor’s political life in Ekiti State for his current and future political life. Subsequently, I will explain how both stages led us, in important ways, to where we are today: that is, the end of the second term of one of the most remarkable governors in Nigeria’s Fourth Republic. I will place this in the context of a reflection on democratic rule in Nigeria in relation to what appears to many as the troubled future of Nigeria. At the center of this reflection however is the role of the scholar-politician in our contemporary political experience.
In the beginning, that is around 2005, a strategy and policy group met every month in Dr. Kayode Fayemi’s Ibadan home to plan the trajectory of his gubernatorial aspiration. The chair of the group was the famous poet and social thinker, Mr. Odia Ofeimun. At our first meeting, the chair invited the man who today is the Governor-elect, Mr. Biodun Oyebanji, to present the perspective from the field in Ekiti State, including what needed to be done in the light of the political intelligence he had gathered from the state. I noticed that there was a certain combativeness mixed with a measure of fretfulness in Oyebanji as he began to make his presentation to the group. Shortly after he started, he declared that since Dr. Fayemi studied war in a university in England, it would be important to emphasize this during the initial consultation meetings around the state. But “the candidate”, as he was identified in the policy and strategy papers written in the period, would not let Oyebanji finish the sentence. He objected to the idea of telling the people of Ekiti that he studied war.
But Oyebanji, a political operative of the first order who knew Ekiti politics like the palm of his hand, would not budge. It was at this point that most of us understood why Oyebanji was simultaneously combative and fretful as he began his presentation. He said something to the effect that “But it is true that you studied war! What is wrong with telling our people so?” It was obvious that before the meeting started, both of them had had a disagreement over this tactic. Oyebanji explained to us that given the climate of fear that the then reigning governor had imposed on the state, Ekiti people would not take anybody who wanted to contest against him seriously, unless they were sure that that potential candidate was someone who was strong enough to confront the “terror” in power. Fayemi’s candidacy would be dead on arrival, he explained further, if he was not presented as a formidable candidate who would not only face up to the incumbent, but could face him down. Therefore, it was important to emphasize to the doubting people of Ekiti State that the candidate studied “war.” Afterall, havent scholars reversed the Clausewitzian principle by concluding that “politics is war by other means” and didnt the Yoruba insist that “oju ogun laye (the world is a theatre of war)? And was Fayemi not an inheritor of the tradition of valour that is the historic legacy of the Ekiti people as demonstrated in the 16 year-long Ekiti Parapo War – otherwise called the Kiriji War – of the 19th century when the Ekiti rose up to reject the despotic ajeles?
The implication was that the current “ajele” in office in Ekiti State could not scare the man who studied “war” for his doctorate degree! We all agreed and persuaded Fayemi not to discourage his supporters in the state from assuring the people that, though he was a man of peace, he had also spent his adult life studying “war.” That fact was needed to break the ice. The people would be ready to listen and consider his more important qualities that were critical for leadership once they were convinced that he was a man who could lead them in the war to reclaim the state, regain the legacy and nurture that legacy.
It was one of the first lessons that the scholar-politician learned about power: The knowledge that, in capturing power, you have to mobilize the power you already have, or the perception of that power. I would wager that another lesson that he learned later was what the late British Prime Minister, Winston Churchill, said about the relationship between war and politics. Churchill stated that Politics are almost as exciting as war, and quite as dangerous. In war you can only be killed once, but in politics [you can be killed] many times.”
Now to the interregnum. In the bitterly contested and rigged June 2014 governorship election in Ekiti State, Governor Fayemi lost to the candidate of the Peoples Democratic Party. He and his supporters were convinced that the ruling party had used its command of federal resources and of violence, to illegally snatch his mandate from him. The process that led to the election was marred by violence and there was the likelihood of a break down of law and order after the victory of the PDP was announced. But, for the first time in Nigerias electoral and political history, the incumbent and defeated candidate not only conceded defeat within 24 hours, he also invited the governor-elect to a meeting the next day. Here is a part of the statement issued by Governor Fayemi after INEC announced the results:
I have just spoken with my brother, Mr. Peter Ayodele Fayose, congratulating him on his victory. In a few hours from now, I would be meeting the Governor-elect to discuss the future of our dear state and how we would work together to institute a smooth transition programme. It has been a hard-fought election. As expected, in the course of the campaigns, there were unsavoury episodes as the candidates toured the nooks and crannies of the state to sell ourselves to the people. Elections tend to be highly divisive affairs that often see brother rising against brother. Despite our diverse party affiliations, and regardless of which way we voted on Saturday, we must remember that we are all sons and daughters of Ekiti State. Ekiti is ours to build together.”
By this statement and his subsequent action, Fayemi changed the history of electoral defeat of the incumbent in Nigeria. By what he said that day and did the next day, Fayemi snatched moral victory from the jaws of electoral defeat. This was an example of how to act gracefully towards a candidate that you and those on your side believed was unworthy of the office to which he had been elected. JKF left of office in 2014 with that moral victory but added another political victory to that when he returned to the same office in 2018.
Distinguished guests, the point I am making here is not just about the power of example, as important as that is. The greater point is related; it is about commitment to democratic principles, particularly when the principles do not favour you or when you fundamentally disagree with its immediate outcome. By the practical demonstration of that commitment, JKF was able to show that the sustenance of democracy and the strengthening of peaceful succession, both as principle and as process, are more important than his own immediate electoral victory and political ambition. As long as the principle and process were nurtured and preserved, even in the event of judicial contestation of electoral theft, everyone of us will always have the opportunity to seek office, and the polity as a whole will enjoy the transcendental joys of the government of the people by the people and for the people. As it became evident in his return to office four years later, those who are committed to democratic practices can be sure of gaining the credibility not only to test and re-test that commitment but to be remembered as men and women whose fidelity to higher purposes deserved to be celebrated, emulated and rewarded.
I think it is best as JKF takes his exit as the Governor of Ekiti State and at this stage of his political career, to reflect on the scholar of war as a leader committed to a peaceful transition of power and egalitarian rule. This brings me to the question of Nigeria’s democracy as enfolded in the question of the country’s future. What is the role of the scholar or/and the intellectual, or the scholar-democrat, or better still, the scholar-politician, in this equation?
In my Foreword to the book by Governor Fayemi, Reclaiming the Trust: Transformative Ethos for National Development, first published in 2012, I noted that “As the Kayode Fayemi-led administration in Ekiti State marks its mid-term… it is appropriate for the Governor to reflect on how well he has led the state in fulfilling the challenges of good governance. This is even more so for a man who has spent virtually all his adult life in the struggle for the creation of a better society, not only [for] Nigeria, but for the rest of the continent.” (p. xv). I added that “As a scholar, activist and political leader, Fayemi has a vision of better policies for better lives not solely restricted to Ekiti State. Indeed, any expansive vision of social transformation and egalitarian rule is shareable across territorial boundaries and cultural divides.”
In his public life, Fayemi’s humanist orientation is evident both in his conception of social order as well as in practical politics. As Professor Ladipo Adamolekun notes his Foreword to another of Fayemi’s tetralogy in power, Regaining the Legacy: People, Power and Possibilities (2018), it is important to pay attention to the “unambiguous choice that JKF made when he chose to become a political actor: a commitment to combining thought and action.” This is particularly important in a country in which there is an inverse relationship between thought and action for most of the people who gain political power.
It is critical still given the tradition of power as a political, cultural as well as intellectual responsibility that the likes of Fayemi inherited from that most able of political leaders, the social thinker and state-builder, Obafemi Awolowo. In the Awolowo tradition, the relationship between thought and action is a firm and interminable one. In this tradition, for the publicly-engaged scholar or public intellectual, engagement with power is not only a necessity, it is an ethical obligation. Even direct entry into partisan politics against this backdrop of this ethical obligation makes politics a vocation and not a vacation for the scholar. Though in the late military era, this tradition was not only trivialized, but violated by the simultaneous destruction of the intellectual formations in the country, particularly the university, and the conscription of some scholars and public intellectuals into khaki scholars or palace intellectuals, yet we must remind ourselves of the progressive tradition in our part of the country, of the unity of politics and intellection that is our heritage. Those who are unaware of this tradition, should be reminded that Obafemi Awolowo was not only in himself, what Professor Adebayo Williams succinctly described as, “a constellation of emeriti,” he was drawn to and surrounded by the emeriti. In fact, as JKF himself has acknowledged in a public lecture, we could conclude that, at that point in the political history of Western Nigeria, the recruitment of political leadership from Ekiti State was biased in favour of scholars. Of the three senators that represented the old Ondo State in the Second Republic, two of them were scholars from Ekitiland; that is, Professors Banji Akintoye and David Oke. (The third, Senator Ayo Fasanmi was also an Ekiti man). Another of the closest associates of Awolowo was another Ekiti professor, Professor Samuel Aluko.
Unlike the catastrophic national experience symbolized by what the American writer, Saul Bellow, captures in his famous book, Herzog, as the paradox between strength of mind and political impotence, in the tradition of progressive politics in Western Nigeria, intellectuals do not lose their “intellectuality” in order to become politically effective, as Karl Mannheim assumed. They did not need to suspend their critical virtue in order to engage with the complex challenges of public life.
Again, this is the tradition that the likes of JKF inherited and have been seeking to extend. There is no doubt that people like him are doing so in a totally different political, socio-economic and cultural environment. There have been major changes since the Awolowo era, two of the most important of which are the decimation of the intellectual formation which provided critical support for both political leadership and the scholars/intellectuals in public life or in power and the absence of organic political parties. I mean an organization of settled ideals and a common political horizon. As JKF readily admitted in a recent interview, the parties need to develop “from being election machines to organic parties.” What we have now, he added, are “political alternatives and not alternative politics.”
I mention these two to underscore the different environment in which the scholar-politician such as JKF operates. In addition, I identified this two as a basis for naming the challenges that the JKF generation and the scholar-politician himself face in this era. I do so also to challenge him and others like him to deploy their assets based on the identified heritage as well as their stupendous talents and vantage positions, even as he exits office, in attending to the challenges of their own era – as the Awolowo generation did for their own era. This is pertinent because, as one of those who made critical sacrifices to ensure the transition to democratic rule, the departing governor has a duty to ensure that this shadow of democracy that we have now is converted to a real federal democracy, especially with the egalitarian ethos that is our tradition in this part of the federation – given our recognition of the fact that democracy is not necessarily popular egalitarianism, though popular democracy creates the best conditions for popular egalitarianism.
As we prepare for the general elections in 2023, Nigeria faces six fundamental challenges which none of the existing parties were designed to address. The implication of this is that the solutions lie beyond the framework of the current party politics, even though the existing political parties, whatever their deformities, might have a part to play in this – whether in their current or in their transformed iterations. Three of these challenges are political, the fourth is economic, the fifth is about security, while the sixth is socio-cultural.
The first challenge is whether it is desirable for this much-abused polity to continue as a united federation. People like JKF and others have answered this question in the affirmative. But he belongs to the group of honest and serious-minded brokers who do not dismiss those who question Nigeria’s continued viability even when they radically disagree with such people. If you examine some of the most vociferous voices that want Nigeria’s history to end, particularly from this part of the polity, they are erstwhile fervent patriots who have spent most of their adult lives making sacrifices for the creation of a just, equitable and egalitarian polity in which Nigeria’s stupendous natural and human resources will be harnessed to build an African power state. Their efforts have been frustrated at every turn and they have watched how the energized and resolute termites continue to eat away at the fabric of the national union while claiming that Nigeria’s unity is not negotiable. Any serious political initiative to frustrate this class of people who have, for all intent and purposes, resigned from Nigeria must therefore settle this question in a way that involves addressing the question of political architecture – which is the basis of Nigeria’s corporate deformities and deficiencies.
The second challenge is about this architecture. JKF has spent a considerable part of his public life, before and since gaining political power, reflecting on this question of how to re-engineer the political architecture of Nigeria to make life more livable in what the combined forces of terrorism, fundamentalist Islam, kidnapping, and different forms of hate, if left to their devices, are attempting to turn into a hell-hole. Despite the absurdity that we hear constantly from those benefiting from the collapsing edifice of unearned privilege, there is something fundamentally wrong with the way this country has been run, particularly in the last five decades plus. And that problem is not merely one of governance, it is a structural problem. This country is largely a federation in name only, despite the best efforts of some patriotic forces, including some important social and political forces. We are not asking for a perfect federal state. There is no such thing. But there are some ground rules which have to be addressed. As the massive and unrelenting borrowing by the federal government even to fund the payment of salaries shows, the barn has been stolen dry. And the farmers have gone home. There is no future harvest, unless we call a town meeting and rearrange the political economy of pillage that is the Nigerian “federation.” However, I recognize that, in the present circumstances, there is no sufficient collective will to embrace this task. The absence of that will is also insufficient to lead some of us to abandon the advocacy, even while working with and within the existing system to improve it, even if we cannot transform it yet.
The third challenge is good governance by whatever name it is called. This challenge is often confused or elided by the two sides to the national debate. Those who think that there is no need for restructuring speak glibly about good governance as if that is all that is needed for Nigeria to be turned into a paradise. I call this group the “reformists.” For this group, once you have competent people in power who are capable of delivering good governance, all will be well with Nigeria. For the other group, who insist on a national conference and/or restructuring of the federation, they are convinced that once Nigeria is restructured, all will be well. I call this group the “restructurists.” I suggest that both positions have limitations. Good governance is not sufficient for the deep crisis of Nigerian state. In fact, as evident in the last five decades, good governance is not sustainable in the extant circumstances in Nigeria. Even where you have good governance in one of the component parts of the country, such is the manner of the deep crisis at the centre that those at the centre can, in one broad stroke, or by their inactions, destroy the quality of good governance in the component part. For instance, if they steal most of the money accruing from crude oil sale at the centre, how much can the good administrator do to pursue his or her lofty programmes at the state level? If the national currency loses value, what can a state governor do in the face of an irresponsible Governor of the Central Bank? Beyond these questions, what the core members of the “reformist” group really want to accomplish is to narrow the questions that we can ask about Nigeria’s history and future, and thus constrict the possibilities of national transformation which they regard as a threat to their entrenched interests.
However, while good governance is not sufficient to fix Nigeria’s problems, as the “reformists” generally assume, the “restructurists” must also accept that restructuring, while critical, will not constitute the terminal point for the process of redressing the dark history of national relations and national rule. It is, therefore, important, beyond the institutions and principles, to pay attention to the processes of governance that will follow the process of structural transformation. Yet, there is no gainsaying the fact that a restructured Nigeria will need to ensure that all the elements of good governance are present for Nigeria to be able to meet what Chief Obafemi Awolowo believed fervently was the country’s manifest destiny.
Linked to the question of restructuring and good governance, is the question of the political economy – which is the fourth challenge. I am not talking only about the economy but the ways in which the economic is linked with the political. You can pay off a substantial part of your national debt, as Nigeria did under President Olusegun Obasanjo, but if you do not transform the political economy, other regimes would emerge that would acquire more debts than you paid off in the past. Nigeria used to be classified as a Heavily-Indebted Country (HIC), I think it should now be designated as a heavily-re-indebted country” (HRIC). As a country, we have a problem that could be described as “debt-recidivism” – that is, the capacity for a heavily indebted country to reoffend after settling its debt.
Our economic horizon induces deep disillusionment. Even while the election fever is upon us, as Ebenezer Obadare of the United States Council on Foreign Relations notes in wondering whether economic collapse will precede political transition in Nigeria: “there is … genuine cause for apprehension as a dire combination of falling revenue, bloated deficit spending, massive borrowing, and spiraling inflation threatens to topple the [Nigerias] economy.” International financial institutions have warned that Nigerias current economic situation is unsustainable. In the last seven years, public debt has grown thrice more than the combined figures for the previous 16 years. For instance, in the first quarter of this year, the country generated 1.6 trillion naira but spent 4.7 trillion, thus financing the budget deficit of 3.09 trillion through debt. Even governments official statistics show that, in the first quarter of this year, the amount spent to service (not to repay) debt stood at 1.94 trillion naira as against the total revenue of 1.63 trillion naira. Let me it break it down for some members of the audience who might have some problems with high sounding numbers. As at 2020, the share of the national debt per person was $718 dollars – in today’s naira value, that’s more than N500,000 per person.
But the problem, as I noted earlier, is deeper than this. It is not just that what the country pays to service its debt is greater than the revenue accruing to the national purse, the problem is that the dire circumstances of our economy are mere superstructural reflections of the political economy base. It is a profligate and unsustainable political economy that will in the long term destroy any short-term economic growth.
Therefore, in a restructured country with good governance, there will be a need to change the structure of our political economy from a consumptive economy to a productive one. There are several questions that will need to be addressed in a new political economy. Can such a political economy be constructed around the present configuration of states and local governments, glorified and emasculated outposts of an irresponsible federation in name? How do we move away from a monocultural economy as the world moves away from dependence on fossil fuel? How do we harness the energies of our youthful population to turn them from mere statistics into not only a part of the population that produces, but also one that is nurtured in every way possible, both as a group and individuals, to harness their full capacities?
The last two challenges, good governance and a political economy that is fundamentally based on production rather than consumption, are impossible without the security and safety of lives and property – which is the fifth challenge. Since the end of the civil war, Nigeria has never witnessed anything remotely comparable to the current spate of low intensity war. From the Islamist insurgency by the Boko Haram and the Islamic State West Africa Province (ISWAP), farmer-herder clashes to banditry, kidnapping and ransoming and separatist insurgency, no part of the country has been spared the fury of unrelenting blood-letting and massive displacement of millions of citizens. South-west Nigeria, which used to constitute an oasis of peace, has been forced into this cauldron of violence. As the gallant governor of Ondo State, Arakunrin Oluwarotimi Akeredolu reminded the country recently, and as the governor of Kaduna State, Mallam Nasir el-Rufai, did in a different way before him, elected leaders in the different parts of the country cannot fold their arms as the central government betrays its incapacity to stem the tide of the crisis. The truth is that the current overlapping security challenges have been long in gestation. All the unresolved fundamental questions, some of which I have raised here and the attendant economic challenges which, among others have led to the current 32 percent youth unemployment in a country with the largest youth population in the world (70 percent of Nigeria’s population are under 30, and 42 percent are under 15) created these tragic circumstances.
The sixth and final challenge, which is particularly critical for us in this region of Nigeria, is the collapse in socio-cultural value system, the immaterial technology that is at the foundation of every civilization and every democratic polity. The debasement of values that we have witnessed since the mid-1980s, particularly in the last two decades, is astounding. This is not just at the level of leadership. Even the kind of electorate that the current socio-political culture has produced cannot nurture or sustain deep democratic practices and institutions. Again, I say this is particularly critical for us in this part of Nigeria. At the founding of modern democratic politics in Nigeria, Western Nigeria under the leadership of Obafemi Awolowo and his departed successors, Adekunle Ajasin, Abraham Adesanya, Bola Ige and their living peers, turned politics into a morality play, or, if you prefer, ethical performance. Public political life was judged by the quality of devotion to public good displayed.
Progressive political leaders in these parts were an example to the rest of the country in egalitarian politics and egalitarian governance. Unfortunately, several years of military rule, followed by years of default military rule in the guise of civil rule, have ensured that, rather than raise the game of the others, this region, for the most part, and despite the gallant efforts of a few, has succumbed to the despoliation that is the core feature of Nigerian politics. As I argued recently, rather than force the rest of the country to attain the Highest Common Factor (HCF), south-western Nigeria has been forced to submit to be Lowest Common Denominator (LCD) – described, at one point in this state, as “stomach infrastructure.”
Which brings me to this. In his post-office life, what does JKF propose to do about these challenges given the legacy that he embodies – as symbolized by the famous cap that he wears?
After four years in office under some of the most difficult economic and political circumstances, including some years as federal minister preceded by the four years of his first term, JKF might plead that he deserves some rest. But the country faces an uncertain future which precludes anyone who has had any significant role to play taking a leave. If JKF does not want to return to exile, it has to be clear to him that he must redouble his efforts to ensure that Nigeria is reclaimed in an obviously much more difficult circumstances than when he reclaimed his own mandate twice in Ekiti State. Gladly, there is sufficient number of people capable of strategic thinking, planning and action to form the critical core of this mission.
Why is this important and why is JKF critical to the next phase of the battle for Nigeria’s future? I have addressed some of the fundamental challenges that Nigeria faces, including why it is important to confront these challenges. I will now speak to why the most critical faction of the Nigerian political elite that are best equipped to address these challenges are those we broadly call progressives. Thus, let me conclude by addressing the outgoing governor directly regarding the role he has to play in this historic charge.
Governor Fayemi, you spent the better part of the first half of your life at the barricades, working hard to make Nigeria a democratic, truly federal and egalitarian polity. Are you prepared to spend the other half of your life in a country not of your dreams but of your worst nightmare? If not, then your next task is cut out for you. Happily, the new barricades that are being raised do not require that you go into exile. Given the devastating effects of the challenges that I have outlined, the human toll resulting from them, and Nigeria’s staggering and devastating Human Development Index, there is no room for further error. In terms of the three basic dimensions of human development, that is, a long and healthy life, access to knowledge, and a decent standard of living, in the latest report, Nigeria ranks 163rd among 191 countries in the world – behind Togo, Côte d’Ivoire and Cameroon.
Why am I laying this charge on your shoulder? I have three reasons:
One, the progressive movement in Nigeria, though in remission, is largely organized around resolving the six core issues that I have outlined. Even though a section of this formation has given up on Nigeria, the core of this group still believes that Nigeria is savable and that, if these issues are resolved, particularly the structural problems, Nigeria will not only have a chance to survive, but she will also be able to meet what Obafemi Awolowo famously described as her manifest destiny.
Two, as we move towards 2023, the more things change, the more they remain the same. Elections are not the way to save the country. While the next elections are unavoidable as a way to continue the formalist democratic journey, they cannot, at a fundamental, structural level, facilitate the creation of the egalitarian polity that the progressives have always hoped for – an ideal to which you have devoted your public political life. Therefore, even as you join your political party in the current struggle for power, your people will expect you to recognize the limitation of the next elections in the more important struggle to ensure that Nigeria’s history survives this century.
Three, the progressive movement which has, since the late colonial era, been at the vanguard of making Nigeria a democratic, truly federal and egalitarian polity and which has prevented what Professor Adebayo Williams described as the “homogenization of the Nigerian ruling class,” is currently somewhat in remission. Therefore, at this juncture in your political life, it is pertinent to ask what you propose to do about the problems identified. You have to go beyond personal political ambition to embrace collective political responsibility that is the heritage of your forebears as well as your political forerunners. As I speak, there is vacuum of leadership in the progressive formation that needs to be filled by a visionary, selfless, committed, intellectual, who is devoted to strategic thinking and planning. Again, as you prepare to join the short-term campaign of the party in power, I invite you to consider these matters regarding how to lead the long-term movement of the party of the people.
For those of us who remain fervent believers in the Nigerian project, JKF being a notable member of this group, we are convinced that no other polity on the African continent, indeed, in the black world, has better potentials to be a great country: A land literally, as affirmed by our old national credo, “flowing with milk and honey.” But far greater than that is nature’s endowment as regards human potentialities and possibilities. No other people in the black world have our human resources. And I am not talking only in terms of numbers. In every corner of this otherwise wonderful country, in the existing totality, we could not have asked for more from nature. In fact, we can say that the natural and human arithmetic was, initially, already rigged in our favour. What is left is for us is to rework the regrettable equation of squalor that had resulted from this national arithmetic to produce a mathematics of national glory. We require urgently, beyond party affiliation, a national movement to achieve this goal.
JKF, I happen to know that you have the political intelligence, the vision, the experience and the necessary national and international networks to take up this task. More importantly, you are a product of a tradition of public intellection, egalitarian politics and social democracy geared towards addressing these questions. Your past public life, between and betwixt civil society, political society and the state provides the warrant to confront these challenges. You are also an institution-builder, a deft politician with the capacity to swim with, and at the same time, swim against the current.
As a scholar-in-power, a remarkable activist who has made genuine contributions to the struggle for constitutional rule, a public administrator, a progressive political leader with significant capacity for patience and strategically deployed taciturnity – which can be unnerving to both friends and foes alike – though you have found yourself in an amebic political system, in your post-office political life, if you cannot lead, you must definitely join, the movement to build a healthier political system. On page 222 of your book, Reclaiming the Trust, you declared that Nigeria “need(s) a movement to escape further calamity.”
As you leave Ekiti State in capable hands, are you prepared to lead this movement?
Distinguished guests, ladies and gentlemen, please grant me the indulgence to dedicate this valedictory lecture to two remarkable women who were, in different ways, the pillars of the JKF era in Ekiti State. For a leader who committed himself to gender-inclusivity at the start of his public life, no other two women could reflect this reality better than Erelu Bisi Adeleye-Fayemi and the late Deputy Governor of Ekiti State, Mrs. Olufunmilayo Aduni Olayinka, née Famuagun. As Governor Fayemi would readily admit, without Erelu’s muscular support, unflinching confidence and shinning assuredness – not to talk of her no-nonsense comportment – the governor would not have been able to accomplish his public, political purposes. As for Mrs. Olufunmilayo Olayinka, as running-mate to JKF, a partner in the struggle for the restoration of the people’ mandate, and as deputy governor between 2010 and 2013, the late banker was a study in quiet grace, steely determination and uncommon refinement. May Olufunmilayo Olayinka continue to rest in peace. The public lives of these two womanifestoes remind us again that no system deserves to be called a democracy where women are not central to the configuration and operation of power at every level.
As I congratulate the Governor-elect who will step into your shoes, Governor Fayemi, I wish you well in your post-office life and hope that you will recommit yourself to the efforts to make this country truly a federal republic, a democracy, and an egalitarian polity.
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By Prof Mike Ozekhome SAN, CON, OFR, LL.D.
“Freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed” (Martin Luther King, Jnr). Justice Walter Onnoghen who was unfairly disgraced out of office presumably as a crook by former dictator President, General Muhammadu Buhari, has just demonstrated this apophthegum through three appeals, namely CA/A/375/2019; CA/A/37/SC/2019 and CA/373C/2019. He valiantly fought for his freedom through these three appeals against his April 18, 2019 outrageous conviction which was schemed by Buhari and his kitchen cabinet to humiliate Onnoghen out of the Bench so as to make CJN, his preferred candidate (Justice Tanko Mohammed), CJN (rtd.) on the eve of the 2019 presidential election. Buhari knew he had performed dismally and would be rejected at the polls by angry and hungry Nigerians. So he went Judge-shopping. The rest as they say is history. The legal saga of Justice Walter Onnoghen is not just the story of one man’s acquittal, but a larger commentary on the poor state of Nigeria’s judiciary and the ever-present tensions between political power wielders and judicial independence. It is a story fit for a Grammy Award movie. His acquittal on 4th November, 2024, by the Court of Appeal in Abuja, marked a significant chapter in Nigeria’s legal history, casting a powerful shadow of doubt and curious spotlight on the principles of separation of power, due process, the sanctity of judicial independence and the perils inherent in political intervention. The appeal that restored Justice Onnoghen’s hard-earned reputation and returned his assets to him is also a profound testament to the importance of procedural integrity and jurisdictional boundaries in any democratic society.
I had the opportunity in the nineties to appear before the brilliant Judex while he was a High Court Judge of the Cross River State Judiciary, Calabar. I know he was a man of integrity and character. During the infamous Onnoghen’s trial by ordeal, I made many interventions. In one, I said:
“A strong judiciary is one of the irreducible fundamental platforms for any meaningful constitutional democracy. If you terrorise, intimidate, harass and humiliate the judiciary, using strong hand and brute force, it is a stage set for bidding democracy farewell”- Mike Ozekhome, SAN (https://dailytrust.com/ozekhome-charges-judiciary-to-shut-down-courts-over-onnoghen/). (13th January, 2019).
In a world where the judiciary stands as the final arbiter of justice, Justice Onnoghen’s story is one of a victim who faced unprecedented tribulations, endured a long agonising path to redemption. He ultimately emerged victorious. The appeal process that culminated in his acquittal is a reminder that justice may sometimes be delayed, but it can never be forever denied.
HOW THE APPEAL COURT ACQUITED ONNOGHEN
The verdict by the Court of Appeal represented a turning point in a legal drama that had captivated Nigerians and raised profound questions about the nature and quality of justice in the country. On the 4th of November, 2024, a three-member panel led by Justice Abba Mohammed ruled in favour of the ex-CJN, Walter Onnoghen, acquitting him of the charges initially levied in 2019 by the Code of Conduct Tribunal (CCT) in 2019. This decision not only vacated the earlier conviction but also ordered the unfreezing of all his bank accounts, thus restoring his financial freedom that had been denied him since the controversial trial began.
I have been overwhelmingly vindicated in all my angst and ventilations against the victimhood suffered by Onnoghen. Hear me:
“The CJN can be removed from office either if he has been convicted or if under section 291 of the constitution, the Senate affirms a request by the President to remove him by two-third majority vote” – Prof. Mike Ozekhome, SAN (https://www.pulse.ng/news/politics/mike-ozekhome-reacts-to-allegations-against-cjn-onnoghen/zdx9del). (12th January, 2019).
The acquittal judgement was predicated on a legal principle central to the Nigerian jurisprudence which articulates around jurisdiction. The Court of Appeal asserted that the CCT had no authority in the first instance to try and convict Justice Onnoghen having not passed through the National Judicial Council (NJC). This oversight, the appellate court argued, rendered the entire proceedings null and void. This requirement had been emphasized in Nigerian case law with decisions such as FRN v. NGANJIWA (2022) LPELR-58066(SC) and OPENE v. NJC & ORS (2011) LPELR-4795(CA), which clearly emphasise that judicial officers must first be vetted by the NJC before facing any criminal trial by a tribunal or court. This process is designed to protect the judiciary and its judexes from strong-hand politicians and political interference, thus ensuring that judges are treated with the respect, dignity and due process that their offices richly deserve. I had angrily queried:
“…Our system of justice being Anglo-Saxon based, which is accusatorial, meaning that the innocence of a person is presumed. It is different from the criminal justice system of the French model which is inquisitorial, wherein the guilt of an accused person is presumed. This doctrine has been encapsulated in section 36 of the 1999 Constitution, as amended, that the person’s innocence is presumed until he has been proven guilty. Assuming for example that Senator Bukola Saraki had been forced to resign his office when charges were brought against him before the same Code of Conduct Tribunal almost three years ago, what would have happened and what would have been his fate when the Supreme Court eventually discharged and acquitted him of the charge, following judgements and earlier order of the Court of Appeal and the Code of Conduct Tribunal itself? If you ask me, I sense serious political undertones oozing from this so-called imminent arraignment of the noble CJN. Question, when did they discover the alleged offence for which they now want to charge him on Monday? Was it just yesterday, was it last week, two weeks or six months ago? The CJN has been in office now for well over one year, how come that this misconduct or whatever offence that he is being alleged, was not seen up to now? How come, that it is just less than 40 days to the 2019 Presidential election, when the CJN is going to play the major role in constituting the Presidential election petition tribunal, that he is being moved against? Who is afraid of the Judiciary? Who is afraid of Justice Onnoghen and his impartiality and straightforwardness? How come we are reducing governance in Nigeria to one of impunity, one of despotism and one of absolutism. Don’t this people know that the world is laughing at us? Did we not see how Dino Melaye was yanked out from police hospital and taken to DSS quarters when he had no business or case with the DSS and DSS had no case against him. Did they not see Dino Melaye, a serving Senator of the Federal Republic of Nigeria, sleeping in the open yesterday? Do they go on social media and do they watch international televisions? Do they know how the whole world is deriding us in this country? That governance has been reduced to mere witch-hunt, very opaque, very unaccountable, very un-transparent and very very fascist! Can’t they see that?”- Prof. Mike Ozekhome, SAN (https://www.pulse.ng/news/politics/mike-ozekhome-reacts-to-allegations-against-cjn-onnoghen/zdx9del). (12th January, 2019).
My intervention as far back as 2019 served as a reality-check, pointing out that removing a Chief Justice can never be a whimsical decision; it is bound by the checks and balances that keep our justice system watered. My then reference to “impunity, despotism, and absolutism” hit like a huge hammer, evoking the imagery of a judiciary under siege of political transaintionists. By drawing parallels with then Senators Saraki and Dino Melaye’s own public tribulations, I attempted to paint a vivid picture of a prostrate justice system afflicted by power jackbootism.
Justice Onnoghen’s acquittal is a clear victory for judicial integrity, independence and an affirmation that the judiciary cannot be used as a pawn on political chessboards. The ruling also reinforces the fact that procedural lapses, especially in matters bordering on citizens right and high-ranking judicial officers, are unacceptable and grossly violate the principle of fair trial. As the Bible counsels in Proverbs 31:9, “Speak up and judge fairly; defend the rights of the poor and needy.” This verse captures the essence of due process, emphasizing that justice must be dispensed with fairness and respect for established procedures. I did not mince words then in condemning the executive lawlessness unleashed on Onnoghen:
“It must be pointed out that this latest step by the CCT… appears to be teleguided by the dictatorial Executive, especially the presidency” – Prof. Mike Ozekhome, SAN (https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/). (14th February, 2019).
The ugly circumstances surrounding Justice Onnoghen’s initial trial and conviction by the CCT underscore the potential dangers when procedural norms are bypassed. My passionate critique of the dastardly role played by the Buhari-led administration from 2015 to 2023 as regards Onnoghen’s trial by ordeal revealed the high stakes which were at play. By overstepping the NJC, I had warned then that unchecked executive power could encroach upon the independence of the judiciary which will ultimately undermine the very foundation of democracy.
THE PRECEDENT OF JURISDICTION AND JUDICIAL INDEPENDENCE
Justice Walter Onnoghen’s acquittal by the Court of Appeal is not just a victory for one individual, but a landmark affirmation of a fundamental principle of law, that jurisdiction is the bedrock of any valid legal proceeding. Without proper jurisdiction, any judgement rendered is, as many legal scholars have agreed on, will merely be an exercise in futility. This principle is enshrined in our legal jurisprudence to protect the sanctity of judicial offices and prevent arbitrary persecution. The Court of Appeal’s decision to vacate Justice Walter Onnoghen’s conviction reaffirmed this core legal tenet, sending a clear message that the judiciary is not a toothless bulldog and tool to be wielded by the executive or any other arm of government.
“Injustice anywhere is a threat to justice everywhere” – Martin Luther King Jr. The Nigerian legal framework, supported by landmark cases such as FRN v. NGANJIWA (Supra) and OPENE v. NJC & ORS (Supra), outlines that the NJC must first investigate and make recommendations regarding any allegations against judicial officers before any trial can commence at the CCT. This process serves as a bulwark against arbitrary trials, ensuring that judges are not subjected to undue pressure or political intimidation. I had also then warned about the dangers posed whenever these procedural safeguards are disregarded: “The CCT was unrelenting: it discarded its earlier precedents; ignored court rulings barring it from trying Onnoghen. It was the case of the falcon not hearing the falconer”- Prof. Mike Ozekhome, SAN (https://www.thecable.ng/ozekhome-onnoghen-resigned-because-the-cabal-had-sealed-his-fate/). (6th April, 2019).
Thus, five years ago (2019), I was nothing short of prophetic. I had foreseen the critical blunders and overreaches that would compromise the integrity of the judiciary in the Onnoghen saga. My warnings were very clear then about the dangerous precedent that was being set in bypassing due process and using the judiciary as a tool for political manoeuvring. As events have now unfolded, my observations then have proven me to be a visionary critic who critiques (not criticises) a justice system that was then on the brink. I had cautioned against the erosion of judicial independence in the face of executive influence. I had given nine reasons why the CCT’s arrest order on and trial of Justice Onnoghen could not stand. See:
(https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/).
My list was not just a check-list of procedural irregularities; it was also an indictment of a system seemingly hijacked by political buccaneers. Each point landed like a blow, revealing layers of oversight that were by-passed; up to the requirement for humane treatment under the ACJA that was ignored. I meticulously built my case, demonstrating that Onnoghen’s trials were not just about one man, but about the sanctity of the judicial process itself. It was persecution, not prosecution.
My vivid metaphor of the then CJN being “mob-lynched,” painted a grotesque picture of a judiciary cornered by hidoues forces intent on humiliation rather than achieving justice.
Justice Onnoghen’s acquittal by the Court of Appeal thus serves as a reaffirmation of judicial independence, reminding all branches of government that the rule of law cannot be compromised for political expediency. As the Bible says in Psalm 82:3, “Defend the weak and the fatherless; uphold the cause of the poor and the oppressed.” These words resonate deeply in the context of Onnoghen’s trial, encapsulating the judiciary’s duty to protect the innocent from unwarranted persecution and uphold the principles of justice.
POLITICAL UNDERTONES AND THE QUEST FOR JUDICIAL AUTONOMY
Justice Walter Onnoghen’s journey from indictment to acquittal reflects a deeper narrative about the political undertones that permeated his trial. His suspension by then President Muhammadu Buhari which took place only weeks before the 2019 presidential election, had raised significant concerns about the timing and motivations behind the charges. Many saw it as an attempt to influence the judiciary ahead of a critical election, a sentiment I shared and eloquently captured in “Onnoghen… knew that his fate had been pre-determined by the cabal, signed, sealed and delivered”- Prof. Mike Ozekhome, SAN (https://www.thecable.ng/ozekhome-onnoghen-resigned-because-the-cabal-had-sealed-his-fate/). (6th April, 2019)
The timing of the charges, as well as the swiftness with which Onnoghen was brought to trial, laid validation to public perception that Justice Onnoghen was merely targeted for his position and influence within the judiciary. Like I put it then, “Many facts bear this simple deduction out. The petitioner, an NGO, actually committed the Freudian slip by anchoring its petition on ‘bearing in mind the imminence of the 2019 general elections’” – Prof. Mike Ozekhome, SAN (https://dailytrust.com/ozekhome-charges-judiciary-to-shut-down-courts-over-onnoghen/). (13th January, 2019).
The Bible, in Proverbs 21:15, declares, “When justice is done, it brings joy to the righteous but terror to evildoers.” The acquittal of Justice Onnoghen, in this light, is therefore not just a personal victory but a broader triumph for all who value justice and integrity.
Like I noted then, “Justice Onnoghen’s removal was also an attempt by the executive arm of government to have a firm control of the nation’s judiciary”- Prof. Mike Ozekhome, SAN (https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/). (13th February, 2019).
CONCLUSION
Ultimately, Justice Walter Onnoghen’s acquittal is a landmark victory for judicial independence and a testament to the enduring principles of justice and due process. His journey from indictment to acquittal serves as a potent reminder that the rule of law must remain inviolable, even in the face of political pressures.
Onnoghen’s case will remain a watershed moment in Nigeria’s legal history, a vivid reminder that the judiciary’s role is to safeguard the rule of law, protect citizens’ rights and ensure that democracy even when faced with formidable forces of political influence, triumphs. It should be able to skillfully navigate through the ever present interplay of centripetal and centrifugal forces.
As Nigeria continues to evolve as a work-in-progress, Justice Onnoghen’s exoneration stands as a powerful reminder to us all that, in the words of Proverbs 21:3, “To do what is right and just is more acceptable to the Lord than sacrifice.” Congratulations, Milord. Enjoy your hard won-back integrity, honour and dignity.
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Opinion
Masquerade of Excellence: Celebrating Prof Mike Ozekhome’s Remarkable Journey @ 67
Published
1 month agoon
October 14, 2024By
EricBy CDS Omon-Irabor Esq
Chief Prof. Dr. Mike A.A. Ozekhome SAN,
the only masquerade that dances in the farm without cutting a single reed of the yam tendrils.
The Gadfly is climbing the 67th rung on the ladder. From the hills of Agenebode down to the plains of the Iviukwe, the celestials, the principalities and the gods of Weppa and Wano Kingdoms are celebrating this colossus, who came in disguise as a little rough village boy; but very comely and handsome, his divine intelligence surpasses those of his peers.
Taking a sudden flight through primary and secondary schools casaded him into the land of Oduduwa. He anchored his life voyage at the ancestral home of the Yorubas, Ile-ife. Here his projenitors believed to have a temporary abode before sending the last born of the Ogisos Ile-ife (I ran and I became rich, Benin translation). Omonoyan (wrongly called Oromiyan) was sent to go to the land of Igodomigodo where today Chief Mike Ozekhome holds the title of Enobakhare of Benin Kingdom.
This great man had all his trappings, equipped himself and became a lawyer, taking abode in the Delphic Oracle (that is what we called the Chambers of Chief Gani Fawehim). There he became the Aristostle, tampering with the Apologia left at the eye of euroba.
He journeyed on, for no destiny, no chance, no faith, nor circumstance could hinder, control or circumvent the firm resolve of a determined soul in Chief Mike Agbedor Abu Ozekhome as epitomised or postulated.
The great learned Senior Advocate of the masses grudges on, defending the most vulnerable and giving voice to the voiceless and muscle to the powerless.
The Okporokpo of Oleh kingdom, Delta State; the Aimotekpe of Okpeland, the Agbamofin of Ijanikinland, Lagos; the Ohamadike1 of Obibi Ochasi, Imo State; the Ada Idaha of Efik land and the great Akpakpa Vighi Vighi of Edo Land, the land of my ancestors, I salute you for it is morning yet.
There is no space here,for my ink is running dry; but before I drop, I remember your words to me while I was in the dock of the Warri High Court on the 12th day of July, 2013, “Omon, you look worried; mind you, those who think that they can cover the shinning sun with their palms will soon find the heat unbearable”.
Those who stopped you from becoming our Governor in 2003 indirectly made you Governor of all Governors.
In all these odyssey you traversed, behind the dìm unknown standeth God, watching over you, His own.
Obokhian, amonghon, iyare iyare, mooooooh.
CDS Omon-Irabor Esq writes from the hill and the cave of Ebudinland
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Opinion
Mr. President: Affordable Fuel is Possible at Zero Subsidy
Published
1 month agoon
October 12, 2024By
EricBy Dr. Aliyu U. Tilde
Yesterday evening, I listened attentively to a panel of experts and stakeholders on the BBC program Ra’ayi Riga, anchored by Umaima Sani Abdulmumin. The program ended with a big doubt in my mind regarding a matter purported to be a provision of OPEC and crucial to the price of petrol in Nigeria.
Tyranny
I could not fathom how particularly the representatives of NNPC and IPMAN stressed that Nigerians will be at the mercy of two variables: the international market and the price of the US Dollar in Nigeria. They said OPEC agreement compels member countries to sell allocated domestic crude at international rate even if refined locally. One of them even said the Iran-Israel conflict can cause domestic price of petrol in Nigeria to rise.
So we should expect higher fuel prices anytime the rate of the dollar appreciates in Nigeria and also when, for any reason, there is a rise in the cost of crude in the international market. It is the rule, according to them. Our fate, they claim, is sealed, regardless of our OPEC membership and Dangote refinery. Nigerians will no longer have a stable fuel price.
Trust me, in Nigeria, the equation will be simultaneous. At any given moment, a reason will be found to use either or both parameters to increase pump price. The target of government is to extract more revenue from citizens while the businessmen in Dangote, Major Marketers, NNPCL and IPMAN continue to feed their greed for endless profit with our blood.
One would wonder why OPEC would be so oppressive in inflicting such tyranny on the citizens of its members. Senator Ndume, who was in the panel, said if he cannot understand why, how would they expect a commoner sitting under the tree to do so?
The truth
The truth is that there is no provision like that in OPEC agreements. In fact, the very idea of domestic crude quota arose in realization that citizens of member countries may need to enjoy cheaper oil than the international market price. That is why those citizens have been enjoying cheaper fuel for the past five decades in different countries. Many still do. Why not Nigerians?
If you ask ChatGPT whether OPEC agreement compels member countries to sell crude for domestic consumption at international market price only, this is the answer you get:
“OPEC (Organization of the Petroleum Exporting Countries) does not directly compel member countries to sell crude oil for domestic consumption at international market prices. OPEC’s primary role is to coordinate and unify petroleum policies among member countries to stabilize oil markets and secure a steady supply of oil.
“However, OPEC’s production quotas, agreements on output levels, and policies can indirectly influence domestic oil pricing. In practice, many OPEC members choose to sell crude oil domestically at subsidized rates or prices lower than the international market. This decision is made at the discretion of individual member countries, often as part of national energy policies aimed at supporting domestic economies and industries. Nonetheless, these policies may vary from one member country to another depending on domestic priorities and economic strategies.
“There is no formal OPEC rule that requires domestic sales to match international prices, though it can be influenced by international agreements and market pressures.”
The Truth
The truth is that the President and Minister of Petroleum can sell our 445,000 barrels a day to Dangote at even N50,000/barrel after taking into consideration the cost of extraction and OPEC will not raise any eyebrow. Dangote can charge the cost of refining, add his profit and sell to NNPCL and IPMAN at, say, N300/litre. On their part the marketers will add their cost of transportation, storage, profit, etc., and sell it to Nigerians at N400/litre. And—boom—we all will be happy.
It is entirely the discretion of the President and his government. So whoever wants to sell our locally produced fuel by that simultaneous equation is on his own. There is no OPEC in the equation.
The Squeeze
Also, among those who would fight against Nigerians enjoying affordable fuel rates are the IMF, World Bank and the West generally. They want the government to squeeze us the more such that we can service our debts and collect more loans from the Shylock. The age long philosophy is: our poverty, their wealth; our pain, their joy.
Added to these are local liberal economists who believe in high taxation, claiming that the blood money will be used to develop our infrastructure, health, education, etc. It is just the same old bunkum selling since 1986 at the debut of Naira devaluation while our infrastructure, hospitals and schools continue to deteriorate in rebuttal of that thesis.
A Call
I call on the President to consider the low income status of our citizen. Only affordable fuel price will hold together our social fabric, ensure our prosperity and guarantee our security. It is zero subsidy because we are not buying it from anyone. It is our oil.
The President must keep in mind that the IMF and oil magnates are not his partners in 2027. He is on his own. They will be there to outlive him and work with the next President. Let this sink into his psyche. Tam!
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