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The Oracle

President Buhari Cannot Overrule the Supreme Court

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By Prof. Mike A. A. Ozekhome, SAN, CON, OFR, FCIArb, LL.M, Ph.D, LL.D, D.Litt.

Buhari in his broadcast on Thursday, February 16, 2023, unilaterally varied the apex court’s extant order of maintenance of status quo, by directing the CBN Governor to the effect that “the old N200 banknotes be released back into circulation…to circulate as legal tender with the new N200, N500 and N1000 bank notes for 60 days…”. The President then issued a dicta, more in the form of a military Decree, that, “in line with section 20 (3) of the CBN Act, 2007, all existing old N1000 and N500 notes remain redeemable at the CBN and designated prints”.

This order is a clear violation of and disobedience to the existing order of the apex court which had already maintained the status quo ante bellum of all parties involved in the Naira re-design dispute.

The Supreme Court had on Wednesday, 15th February, 2023, after the first interim order, adjourned the suit originally filed by the Attorneys-General of Kano, Kogi and Zamfara States (other interested parties were later joined) to the 22nd of February, to enable it hear the entire matter holistically. Without saying so in many words, every person very well knew that this adjournment was a further elongation of its earlier interim order granted against the CBN and the Federal Government, represented by the Attorney-General of the Federation; restraining it from carrying out its directives that the old naira notes would cease to be legal tender by 10th of February, 2023. The order was to have lasted till 15th February, 2023. During the proceedings of that day, the matter was again adjourned to 22nd February, for full hearing. Every Nigerian had expected that the Federal Government would respect this apex court’s position. But President Buhari demurred. He made himself Supreme Leader; an Emperor; Potentate, Mikado and Overlord.

Buhari’s broadcast to the Nation therefore, literally overruled the Supreme Court of the land, in a way and manner only a military tyrant could ever contemplate. Buhari’s action is a reminder of the apocryphal saying of autocratic and despotic Emperor Louis XIV, who, on 13th April, 1655, stood in front of Parliament and imperiously declared, “L’Etat C’est Moi (I am the State)”. This was to underline the fact that he and he alone, had absolute power over his Nation. His father had abdicated the throne due to mass protests. Louis XIV himself met the same fate. His reign over France and Navarre was short lived. It only lasted for 20 minutes, after which he too abdicated the throne.
Buhari’s imperious order was a frontal call to chaos, anarchy and national upheaval. It was a direct assault on the authority of the Supreme Court, the highest court of the land; and also the head of the entire Judiciary, the 3rd arm of government under the doctrine of separation of powers, most ably popularized in 1748 by Baron de Montesque, a great French Philosopher.
To have whimsically and capriciously varied the order of the Supreme Court was to pick and choose what order to obey or disobey. This breaches the supremacy of the 1999 Constitution provided for in section 1(1) thereof. It also frontally assaults the provisions of section 287(1) of the Constitution which provides that “the decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court”.

Once given, an order of the court is binding on all. The Apex Court in ROSSEK V. ACB LTD (1993) 8 NWLR (Pt. 312) 382 at 434 re-stated the law to the effect that: “A judgment remains binding until it is set aside by a competent Court… To hold otherwise is to clothe a party against whom a judgment has been obtained with the discretion to decide, in his wisdom that the judgment is invalid and not binding on him. This to my mind, is an invitation to anarchy. I do not understand the law to be so.” – per Ogundare, JSC.

Also, in STATE v. SOLOMON (2020) LPELR-55598(SC), the Supreme Court held thus: “It is the law that a decision of a Court of competent jurisdiction, no matter that it is seems palpably null and void, unattractive or insupportable, remains good law and uncompromisingly binding until set aside by a superior Court of competent jurisdiction.”

The Supreme Court, in the case of ABACHA V. FAWEHINMI (2000) 6 NWLR (Pt. 660) 228 at page 317 E-F, held as follows:-
“A Court order must be obeyed and even if it is a nullity, it has to be set aside on appeal against it”. Per NWALI SYLVESTER NGWUTA, JSC (Pp 25 – 25 Paras D – E).
See also the locus classicus of GOVERNOR OF LAGOS STATE VS. OJUKWU (1986) 1 NWLR PT. 18, PG. 621.

This is one instance where the apex court should bare its teeth and bite. This is more so because President Buhari had himself acknowledged in his speech, the pendency of the matter before the Supreme Court. Surely, no one is above the law; not even President Muhammadu Buhari himself.

Buhari’s broadcast rather than be re-assuring and balming the frayed nerves of a traumatized citizenry and a beleaguered nation, was the exact opposite; a complete anti-climax. It was a clarion call for total disenchantment, disillusionment, despair and desolation. The speech was not only highly unpresidential; but was vividly insensate and insensitive to the suffering of Nigerian citizens, who, due to no fault of theirs, can neither now use the old currency, nor access the new one. Banks claim not to have the new currency in their vaults.

What manner of government would consciously and deliberately throw its country into a spin, and its citizens under the bus, in a policy that could have been handled with better planning and more decency, efficiency and human face? This is the first time in my life I watch Nigerians buy money with money – buying Naira with Naira – at exorbitant exchange rates.

When Queen Elizabeth II died in September, 2022, the British government set about changing its governance template to reflect the realities of the moment. It decided to change the portrait of Queen Elizabeth II on the British Pound Sterling to that of King Charles III, her son who had succeeded her. The effective take-off date of the new Pound Sterling was fixed for middle of 2024; nearly two years from the announcement of the change. There were no violent protests or any upheavals because the citizens immediately bought into the historic and laudable project, as it afforded them enough time to put their house in order.

How many Nigerians know that Queen’s Counsel (QC)(the equivalent of Senior Advocate of Nigeria (SAN) has since been changed to King’s Counsel (KC); and that Queen’s English is now King’s English? We have seen the ugly scenes of frustrated Nigerians fighting at ATMs; or going completely nude; students and soldiers fighting each other; some POS holders being burnt alive; while Police shot and killed unarmed Nigerians. Are we a cursed Nation, that an otherwise beautiful policy whose fiscal, monetary, economic, and development advantages are unquantifiable should be so mishandled and so grossly messed up as to lead to widespread national protests; burning of banks; destruction; mayhem and killings. Just what is wrong with us as a Nation? I do not know; or do you?

The Russian Ruble which had been used since the 14th Century is the second-oldest currency in the world, next only to the British Sterling. Following the dissolution and fall of the Soviet Union in 1991, the Soviet Ruble remained the currency of the Russian Federation until 1992, when in 1993; a new set of coins was issued with a new set of banknotes in the name of the Bank of Russia. There were no killings and mayhem.

Chinese currency comes by two names – the Chinese Yuan (CNY) and the People’s Renminbi (RMB). The distinction is subtle: because while the Renminbi is the official currency of China, the Yuan is the principal unit of account for that currency.

Today, the Renminbi is one of the top-five most-used currencies in the world, in addition to the U.S. Dollar, Euro, Yen, and the British Pound. Yet, the Naira which is not even recognised as a legal tender in any part of the world is being used by the government to oppress and torment its citizens.

The Euro is the new ‘single currency’ of the European Monetary Union. Adopted on January 1, 1999, by 11 Member States. Greece became the 12th Member state to adopt the Euro on January 1, 2001. On January 1, 2002, these 12 countries officially introduced the Euro banknotes and coins as legal tender. Slovenia became the 13th member state to adopt the Euro on January 1, 2007.

Venezuela debuted with a new currency in 2018, a currency that featured six fewer zeros. This was a response to years of spirally inflation.

In December, 2019, eight West African countries agreed to change the name of their common currencies to ECO. This effectively severed these countries from the CFA Franc; and therefore, their former colonial masters. The countries are Benin, Burkina – Faso, Guinea Bissau, Ivory Coast, Mali, Niger, Senegal, and Togo.

On January 1, 2023, Croatia joined the Euro Zone, replacing its Kuna with the Euro.
When these independent countries changed from their original currency to the new Euro, there was no ruckus; no brouhaha; no wahala, donnybrook or rhubarb.

Yet, some Nigerians, for political exigencies or correctness, are shamelessly celebrating a bare-faced assault on the common man and woman and the authority of the Supreme Court. This was the same way despotic Hitler of Germany was celebrated, applauded and deified during the third Reich, until it became irredeemably too late to retreat. Read the immortal words of Martin Niemoller (1892 – 1984), a German theologian and Lutheran Pastor who bemoaned Hitler’s atrocities and their debilitating effect on millions of Jews.

Though having a cashless economy appears quite inviting, appealing, titillating and tantalizing, it must be appreciated that advanced countries such as the UK, US and the EU that have full complement of infrastructure, still use coins. A cent in the US, or penny in the UK are still valued and in wide circulation. When last did you see one Kobo, five Kobo or ten Kobo coins in Nigeria? I have not seen any for years. Or have you?

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The Oracle

The Oracle: Chief Ayo Adebanjo: A Member of the Dwindling Mohicans

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By Mike Ozekhome

This title of Michael Mann movie (released in 1992) and an earlier novel of the same name (released in 1826) is most apposite for our celebrant. As the title suggests, Chief Ayo Adebanjo is a member of the fast dwindling tribe of heroes. One of the very few last men standing. Yes, of a fast-depleting breed of nationalists and ideologues, committed and principled politicians who refuse to compromise or bend in tune with the latest fad – or the dictates of personal, parochial, ethnic or self-interest.

His likes are, indeed, very hard to find in today’s Nigeria – a country of never ending oddities. Little wonder the encomiums which have been poured (and continue to be showered) on him on the occasion of his 96th birthday a few days ago – on the 10th of April, to be precise. That makes him a nonagenarian. Accordingly, this is as good an occasion as any to take stock and reflect on a life less ordinary: the remarkable times of a man of the world, who both defined and was defined by it. Here is a man who stood up to be counted. Here is a man of rare courage – a man of principle. A man for all seasons.

Given all of these, does the man, Chief Ayo Adebanjo really need any introduction? What can be said about him that has not already been said – or, has he not said of himself in his biography “Tell It As It Is”?. What? Little, if anything, to be honest. Accordingly, I will only dwell briefly on Chief’s glittering past and illustrious antecedents. Chief Ayo Adebanjo made his earthly debut on the 10th of April, 1928, in Ijebu-Igbo, in the South-West of Nigeria. His early life showed the promise of what was to come when he slapped a British colonial officer reportedly for lacking in manners, retorting audaciously: “Is that how you say ‘good morning’ in your country?”. That singular act of courage (some might call it foolhardiness) and his refusal to apologize cost Chief his job in the colonial civil service; and this has defined him ever since.

Chief Adebanjo started life as a journalist with a regional newspaper before the lure of politics (his first love) beckoned. It was not difficult for him to pitch his camp with the foremost progressive politician of our time, Chief Obafemi Awolowo, under whose tutelage, Chief Adebanjo thrived and blossomed, becoming an effective grass-roots mobilizer. His political career was only interrupted by his legal studies in the UK, which he successfully completed, after which he was called to the English Bar in 1961. Back home in Nigeria, he continued his sojourn with Chief Awolowo – this time in the latter’s law firm.

Their relationship continued into the tumultuous politics of the First Republic, which saw both men face criminal trial for treason leading to the incarceration of Chief Awolowo. With such an ominous fate befalling his leader, Chief Adebanjo needed no prompting to seek refuge in Ghana. This was unfortunately short-lived, as the new military government in that country promptly rounded him and his co-exiles up and bundled them back to Nigeria. Fortunately for Chief Adebanjo, and other political prisoners in Nigeria, they benefitted from the magnanimity of the government of Gen. Yakubu Gowon which after seizing power in July, 1966, freed them

The onset of the 2nd Republic in 1978 saw Chief Adebanjo becoming part of the Constituent Assembly which ushered in democracy under a new Constitution in 1979. Once again, Chief Adebanjo found a natural platform under Chief Obafemi Awolowo and, together, they made a clean sweep of the seats they contested for in the South-West – including Lagos. Chief Adebanjo was an integral part of that success – something he repeated 20 years later, in 1999, under another progressive platform – this time without Chief Awolowo, who had transitioned to the Great Beyond in 1987.

In the intervening period, Chief Adebanjo has remained consistent in championing the cause of good governance, social justice, political restructuring and devolution of powers along the lines of the autonomy which the sub-national entities (the regions) had enjoyed in the First Republic. Even though his Yoruba ethnic base was Chief Adebanjo’s original platform, it would be uncharitable to say that he is an ethnic jingoist or tribalist. Far from it. Chief’s record has shown that he’s a detribalised Nigerian who does not hesitate to speak truth to power – no matter whose ox is gored – sometimes at great personal risk and cost.

This was amply demonstrated during the struggle to validate the results of the presidential elections held on June 12, 1993, which were annulled by the military government at the time – and more recently, the last presidential elections in 2023. The latter saw Chief Adebanjo (and the Pan-Yoruba pressure group which he leads, Afenifere) take the courageous position to back the Igbo candidate of the Labour Party, Peter Obi, against one of their own, incumbent President Bola Ahmed Tinubu. Many a commentator has since opined that this singular act might be counted among Chief Adebanjo’s greatest legacies. I agree.

Indeed, if there is one word which defines Chief Adebanjo, it is courage – raw courage; daring bravado. The kind that looks fear in the eye and does not blink. Courage in the face of adversity. Courage to speak his mind without mincing words: to tell it as it is (pun intended!). Little wonder, then, that Chief Adebanjo was and is always at home in the trenches. I recall one incident in 1998. General Abacha who had torpedoed the short-lived interim government of Ernest Shonekan, had released his goons to arrest and detain us at an anti-military campaign rally held in the Ajao, Surulere residence of Chief Supo Shonibare, a distinguished patriot and one of the leaders of the June 12 struggle. I led my Universal Defenders of Democracy (UDD). Present at the protest rally were Chief Gani Fawehinmi, our fearless leader in the struggle; Walter Carrington, the then American Ambassador to Nigeria; his wife, Arese (a Delta, Nigerian lady); Chief Ayo Adebanjo, the intrepid gadfly; Chief Ayo Opadokun, General Secretary of the National Democratic Coalition (NADECO); and other patriots and Nationalists who participated. I still have the picture taken of the brutal invasion of our peaceful rally made by fully armed military and Police personnel who insisted that the rally must break up. We refused and beat their tight security network by dispersing and secretly escaping. Unknown to them, we had used sign language to agree to meet at Chief Ayo Adebanjo’s then residence at Aguda, Surulere, Lagos. By the time they got wind of our plans and arrived at the new venue, we had concluded our successful rally. Those were the locust days that tried men’s souls.

Chief Adebanjo is at his best when he engages in one hot-button issue or the other – either discussing it enthusiastically or otherwise articulating it in his usual characteristic pugnacious way. No. Chief Adebanjo does not shy away from controversy. In fact, you could say that controversy is his second name. Many who have dared to lock horns with him have lived to regret it.

Only on 18th March, 2024, at the Patriots’ Colloquium organized in honour of late Prof Ben Nwabueze, Chief Adebanjo, in ringing baritone voice only perhaps matched by another living legend, Chief E.K. Clark, called for a new autochthonous people’s Constitution. He had maintained this position over the years. He is a consistent man – always as constant as the Northern Star. Perhaps, Emperor Julius Caesar had Chief Adebanjo in mind when he said, in “Julius Caesar”, by William Shakespare (Act III Scene i): “But I am constant as the northern star, Of whose true-fixed and resting quality There is no fellow in the firmament. The skies are painted with unnumbered sparks. They are all fire and every one doth shine, But there’s but one in all doth hold his place. So in the world.
‘Tis furnished well with men, And men are flesh and blood, and apprehensive, Yet in the number I do know but one That unassailable holds on his rank, Unshaked of motion. And that I am he Let me a little show it even in this That I was constant Cimber should be banished, And constant do remain to keep him So”.

Thus, he continues to be engaged even at an age when he is just 4 years shy of a century. His energy and stamina are truly amazing, something men young enough to be his grand-sons can only marvel at – which they can never dream of matching. What is his secret? Perhaps his genes (his father lived to be 105). But, part of it must surely be his Spartan, disciplined lifestyle, marked by a daily exercise regime which he has faithfully observed for as long as he cares to remember.

CONCLUSION

To say that Chief Ayo Adebanjo is one of Nigeria’s few surviving nationalists is to merely state the obvious. He has transcended his origins and regional roots to become, today, a National icon, a colossus of progressive, populist and people-oriented politics. He is a pan- Nigerian politician in the mould of the late Herbert Macaulay and Dr Nnamdi Azikiwe. Indeed, he follows rigidly, the footsteps of his mentor and leader, Chief Obafemi Awolowo, who was described by the irrepressible Chief Odumegwu Ojukwu as “the greatest president Nigeria ever had”. While both Awo, Ojukwu and other contemporaries of Chief Adebanjo have since transitioned to the great beyond, Adebanjo remains strong and stoically struggles on with all his faculties intact. He is truly one of the very last of the Mohicans – the last men standing. Here’s wishing and praying that he outlives his father and continues well beyond his 100 year anniversary in good health, fine cheer, and peace that passeth all understanding. All for the benefit of Nigeria and Nigerians. We desire to continue to drink from and draw from his inexhaustible wealth of experience, wisdom and sagacity and to keep being inspired by his life of courage and achievements. Many happy returns Chief! God bless you, papa.

PROF. MIKE OZEKHOME, SAN, CON, OFR, FCIArb, LL.M, Ph.D, LL.D, D.LITT, D.Sc. is a notable constitutional lawyer

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The Oracle

The Oracle: Is This the Nigeria of Our Dream? (Pt. 5)

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By Mike Ozekhome

INTRODUCTION

In the last episode, we looked at how insecurity in Nigeria is endangered by a prostrate supine government. We then proffered some panaceas including true fiscal federalism. Today, we shall continue the Nigerian panacea vide true fiscal federalism after which we will leap into the miracle of the Asian Tigers- and lessons therein for Nigeria. We shall further look at the European and United State’s experience in search of more lessons for Nigeria. Thereafter, we shall arrive at the “Big Picture” in searching for ways to fix Nigeria. Come with me.

NIGERIA PANACEA VIDE TRUE FISCAL FEDERALISM (continues)

In western Region, the late Sage, Chief Obafemi Awolowo, used proceeds from the coca product to build the Western Nigeria Broadcasting Corporation, the first television station in Africa, (1957); introduced free universal primary education and free health service; The liberty stadium and Cocoa House in Ibadan and the University of Ife (now OAU) were built by him. Because he controlled the resources of the West.

In the Mid west Region, Dr Dennis Osadebay spear headed the setting up of the Ughelli Glass Industry and the Okpellla Cement Factory, amongst others. What has changed? Why do we now operate a Unitary System of government, with centralized powers, a behemoth Central federal government and beleaguered, subservient states as federating units. Commissioners for finance congregate at Abuja at the end of every month to take state allocations under section 162 of the 1999 Constitution. Nigeria can never grow that way.

So much for the diagnosis. What about the prognosis? Is there a way back or out of this self-inflicted cocktail of challenges? If so, what does it take – and how do we realize or achieve it? In other words, what is the solution to the puzzle implied in the title of this piece? How do we pull Nigeria from the brink? There is no doubt that there are no easy answers to these posers and it is simplistic to assume that what has been tried successfully elsewhere will necessarily work here. In other words, there is no one-size-fits-all solution. It is equally true, however, that, while it is fool-hardy to seek to re-invent the wheel, valuable lessons can be learned from those who have trodden similar paths as ours and have emerged stronger, more prosperous and stable in every possible way. Indeed, in some cases – particularly, the so-called ‘Asian Tigers’, their transformation from Third World status to First World economies, has been as dramatic as it is unprecedented. How did they achieve it? Is there any magic wand? Is it appropriate to apply them to Nigeria or would that be comparing grapes to apples?
THE ASIAN TIGERS: HOW THEY DID IT
I believe the answers to all these posers are self-evident, given the common history of backwardness and virtually complete non-industrialization (with the exception of Japan) which the so-called Asian Tigers shared with Nigeria at independence. This is because all the Tigers – South Korea, Taiwan, Hong Kong, Malaysia and Indonesia – were, like Nigeria, under prolonged periods of colonial and/or military rule. Even Japan, which was a relatively prosperous and industrialized society, prior to the Second World War, had to start virtually from scratch afterwards, following its defeat in that conflict. Accordingly, these comparisons are in no way odious. The question, then is: how did these countries do it? In terms of strategy, it appears that the following are key to the seeming miracle achieved by these erstwhile developing countries:
 Investment in skills;
 Advancements in Technology;
 Engagement of specialized agencies;
 Establishment of pilot projects; and
 Involvement of International Agencies such as the U.N.

LESSONS FOR NIGERIA FROM THE ASIAN TIGERS

Scholars have suggested that Nigeria can benefit from the experience of the Asian Tigers in the following ways:
 Formulating and implementing deliberate government policies;
 Strengthening the development of agriculture;
 Encouraging industrial development;
 Developing small and medium scale enterprises (SMEs).

The following have also been proffered as additional take-away from the ‘miracle’ of the Asian Tigers, which can be adopted or applied profitably in Nigeria, viz:
Focus on exports. Domestic production should be encouraged especially targeted at exports, through government policies such as high import tariffs to discourage the latter;
Human capital development. This focuses on developing specialized skills aimed at enhancing productivity through improved educational standards;
Creating a sound financial system. A well- developed capital market will facilitate mobilization of capital for industrial and economic development;
Maintenance of political, social as well as macroeconomic stability;
Leadership that priorities citizens’ welfare thereby motivating labour to increase productivity;
Encouraging a savings culture in order to increase capital formation (preferably through private institutions);
Developing export-oriented industries to produce selected goods with a relatively competitive advantage in world markets,
The Specific Case of Japan
The following have been identified as lessons for Nigeria from the so-called ‘Japanese Miracle’, viz:
Massive investments in research and development with a view to developing, inter alia, efficient production techniques;
Adaptation of foreign/imported technology;
Massive investments in infrastructure and heavy manufacturing industries;
Proper and prudent management of our natural resources (particularly oil and gas);
A disciplined, relatively cheap, highly educated and skilled work-force, with reasonable wage demands;
Targeting high literacy rate and high education standards;
Private Sector-driven investment. The profit incentive of the private sector results in large-scale investment culminating in economies of scale in production.

WHAT OF EUROPE AND THE U.S.?

In addition to the foregoing, it does appear that both Europe and the US offer valuable lessons in economic integration or co-operation with regional countries which will eliminate waste and create economies of scale and increase investment levels.

THE BIG PICTURE

On a broader, political and macro-economic level, Onigbinde identified the following as key issues in the quest to solve the riddle of “How to Fix Nigeria,” viz: – Enhancing Security; Promoting National Unity; Improving Public Health; Economic Competitiveness and Diversity (away from oil and natural gas); Tackling the Revenue or Income Challenge; Putting People to Work; and Governance Accountability. He, then, concludes, insightfully, that “Nigeria will only move forward as a nation forged in unity, by optimizing every single public resource and making the health, safety and prosperity of its people an urgent concern. There are no short-cuts; fixing Nigeria requires a consistent, long-term approach, not those constantly watching four-year elections, like a ‘dieter watching the scale every hour”.

To the foregoing, we agree that tackling corruption, promoting the rule of law, and strengthening civil society organizations, are also relevant touchstones. Beyond even that, however, we must include leadership by example, as well as re-orientation of the citizenry on the benefits of a new national ethos of true patriotism, which de-emphasizes the prevailing culture of primitive acquisition of wealth by all means, fair or foul – and its obscene display.

The benefits of a committed and conscientious, leadership-driven attempt at re-directing the Nigerian ship away from its calamitous down-ward slide, are too obvious to need re-telling. Suffice it to say that it might literally be the difference between our survival as a nation and our much-predicted collapse or fragmentation into any number of sub-national, ethnic-based units. In other words, the challenge is simply existential. Such an outcome should be avoided at all costs – unless its benefits outweigh its costs. Such perceived benefits are, frankly, hard to envisage and, the more desirable option is to cultivate an elite consensus towards an orderly resolution by means of a suitable medium – such as a referendum.

Though it seems that many are averse to the potential outcome of this option (because, it is apparently a Pandora’s Box of sorts), the alternative might be far worse, with some predicting a Somalia-style No Man’s Land where there is no viable Central Government worthy of that name and where literally anything goes. This scenario might be unduly pessimistic but, the possibility that it will become our reality is a scenario which no reasonable person can dismiss with a wave of the hand. All hands must, therefore, be on deck to save this ship. This nation must not fail and, by the grace of God, it will not fail.

Given the above depressing scenario and narrative, the question to be asked is: how did we get here and how can be ‘get out of jail,’ as it were? How do we resolve our diverse, hydra-headed challenges?

THOUGHT FOR WEEK

“We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; which is the stage of the darkest periods of human history, the stage of rule by brute force”. (Ayn Rand).

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The Oracle

The Oracle: Is This the Nigeria of Our Dream? (Pt. 4)

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By Mike Ozekhome

INTRODUCTION

In the last episode of the piece, we posed the question: “Have we always been doomed” “We answered it by highlighting some notable achievements by eminent Nigerians. We then considered the notion of Nigeria as a failed state where insecurity reigns supreme. This is continued in this week’s episode, after which we lament the spectacle of a prostrate government followed by suggested panaceas including practicing true fiscal federalism. Read on.

INSECURITY REIGNS SUPREME (Continues)

Even in Uwheru, Oreba, Ovwor, Onicha-Olona and Abraka in Delta State; to Okpanku, Ozzala, UkpabiNimbo, Ngwoko, Ebor, Umuome, Ugwuijoro and Ugwuachara in Enugu State, the story is the same: gory and hideous blood-letting and festival of blood. The greatest worry of it all is that these killers are not ghosts or apparitions. They are known. They even come out openly, thump their chests, confess and own up to their criminal acts. The Herdsmen umbrella, Miyetti-Allah, claimed the blood-chilling murder of over 200 Plateau citizens was because 300 of its cows were rustled. It boasted that no one could have expected peace without retaliation, under such circumstances. The same group has, over time, infamously given various reasons for its herdsmen’s killings: Nimbo massacre, Enugu State (deadly attack): “we killed because they stole our cows”. Benue State (several progroms): “we killed because of anti-grazing law”. Taraba State (several): “we killed because they blocked our grazing routes”. Adamawa State (many Communities): “we killed because they broke our cow’s leg”. Zamfara State: “we killed because the farmers said we were grazing on their farm lands”. Haba!

A PROSTRATE GOVERNMENT

For over seven years, there were no arrests, no prosecution, no arraignment, no convictions. Rather, some five Christians were arrested in Adamawa, tried and sentenced to death by hanging, for allegedly killing one Fulani herdsman. Some lives are now more precious than others. Rather than kill cow for meal to celebrate occasions, as we know it, we now kill human beings to celebrate cows. The government not only looks the other way, but actually condones the heartless cold-blooded slaughter. Nigeria cannot continue like this. The federal government must rise up to the occasion, draft military personnel to these volatile areas and wash its hands off, like Pontius Pilate, of compromise, condonation, aiding and abetting, of this national horror. The saddest and deepest of all the national cuts and travesty of justice is that there is no one to complain to. The president himself, the very C–in–C, who had promised to lead from the front during his campaigns in 2015, wrings his hands in utter helplessness, and moans (like any of us): “There is nothing I can do to help the situation except to pray to God to help us out of the security challenges.”

Interpretation: “I am helpless; Be prepared to take what you get”. But, the Holy Bible tells us that “God helps those who help themselves” (Hezekiah 6:1). In 2 Thessalonians 3:10, we are admonished that “the one who is unwilling to work shall not eat”. In the Holy Quran, it is, “Allah helps those who help themselves” 13:11; (Tafsir of Chapter 022 verse 40). Is the president being fed the true and genuine situation of horrific and grisly events across Nigeria? Can he, when virtually all his security apparatchik consists of nepotic and cronystic appointees from his ethnic and religious groups only: Minister of Defence, Minister of Interior, Chief of Army Staff, Chief of Air Staff, IGP, DSS, EFCC, Immigration, Customs, NSCDC, Prisons, NSA, C of S, etc, etc? Are we in the Fulani Republic of Nigeria, or Republic of Northern Nigeria?

The non-prosecution of these marauding herdsmen has emboldened them to commit more crimes. Daily carnage and spilling of innocent blood have become the norm. Nigerians now appear unshockable. Many lamentably try to justify this modern day genocide with partisan political interpretations, pretending all is well.

Meanwhile, Nigeria dies by installment. Most Nigerians have become more cowardly than ever before, afraid even of their own shadows. Nigerians should stand and speak up before we are all eclipsed in dismemberment. Reasonating voices appear suddenly mute. Where is the “Occupy Nigeria” group that vehemently protested against GEJ across Nigeria, especially in Lagos and Abuja. Even PMB had himself joined them. Where is General Yakubu Gowon and his praying Orchestral? Where is the voice of gap-toothed IBB? What of roving Ambassador, General Abdusallam Abubakar? Where is GEJ’s voice (even if he will be accused of partisanship, having lost the last elections)? Where are the human rights activists, emergency NGOs proprietors, CSOs, FBOs, etc? I cannot hear the voice of strong willed Ebitu Ukiwe? Where is respected Col. Dangiwa?
Why is everyone keeping silent when Nigeria is sliding towards totalitarianism, absolutism and even fascism? May God forbid “Ruandanization” of our already beleaguered contraption called Nigeria.

Perhaps, to prick government’s conscience on the daily butchery of innocent Nigerians in their homes and farms, and the consequential seizure and renaming of their ancestral communities, we should implement the recent suggestion of my good friend, Senator Shehu Sani. He said:“We need a graveyard in the three arms zone of Abuja so that victims of the mindless killings in the country can be buried close to the seat of power. Then the Executive, Legislators & the Judiciary can feel the pains of the helpless widows and orphans we failed to protect.” Nigerians are crying. There is lamentation in the land. There is gnashing of teeth. Melancholy, despondency, hopelessness and regrets stare people in the face. These times are frightening.

Public trust that had initially been ballooned to a myth and anchored on the dizzying height of change mantra and PMB’s much touted integrity, has since considerably dwindled to a near zero level. Hear the sorrowful dirge of a victim of the Plateau genocide, Paul Wyom Zakka: “They told us to go to the farms because they could not provide us with jobs. We went to the farms without knowing that our produce were meant to feed their cows. When the cows came, we stopped them from destroying our farm produce; Today, they kill us daily so their cows can feed.”Thomas Jefferson, American president from 1801 to 1809, once famously said:“Does the government fear us? Or do we fear the government? When governments fear the people, there is liberty. When the people fear the government, there is tyranny. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.”

From the forgoing it can be seen that, in the words of Sulaimon Olanrewaju (lanresulaimon@yahoo.com), “Nigeria is a paradox; so wealthy, yet so poor; so endowed, yet so deprived. Nigeria makes more money than many countries of the world but is unfortunately ranked among the poorest because many Nigerians live below the poverty line as they earn less than two dollars a day. According to the Brookings Institution in a report, The Start of a New Poverty Narrative, Nigeria is now home to the highest number of people living in extreme poverty on the globe. Similarly, a United Nations report on Nigeria’s Common Country Analysis, says youth unemployment is 42 per cent, while the United Nations Education, Scientific and Cultural Organisation (UNESCO) puts the number of out of school children at over 10.5million. Infant mortality rate is 85.8 of 1000 live births, while the country has the highest rate of under-five mortality in the world. Malnutrition prevalence, according to the UN, ranges between approximately 46.9 per cent in the South West to 74.3 per cent in North West and North East.”

NIGERIA PANACEA VIDE TRUE FISCAL FEDERALISM

Before the 15th January, 1966 Military Coup led by Major Kaduna Nzeogwu Chukwuma from Okpanam, Nigeria operated true fiscal federalism amongst the then three regions-Western, Northern and Eastern Regions. They were later joined by the Midwest region which was excised out of Western region by popular Plebiscite and referendum on the 10th of August, 1963. The Architects of that federalist feat were Dr Dennis Osadebay (later Prime Minister); Oba Akenzua II; Dr Christopher Okojie; Justice Kessington Momoh, Chief James Otoboh, Chief Humphrey Omo-Osagie; Chief Festus Okotie-Eboh (Omimi Ejoh) abd Chief Jereton Mariere and Chief David Edebiri, the Esogban of Benin Kingdom.

Section 140 of the 1963 Republican Constitution which replicated section 134 of the 1960 Independence Constitution provided that 50% proceeds of royalty received by the Federation in respect of minerals extracted from a region, including any mining rents derived by the federation belonged to a Region. Effectively, this made the Regions which also had their separate regional Constitution (with a Federal one at the centre) to control their resources. Only 20% was paid to the Federation; and another 30% shared by all the Regions, including those that had already shared 50%.

In the Northern Region, Sir Ahmadu Bello, the Northern Premier who had sent his NPC Deputy (Sir Abubakar Tafawa Balewa) to the centre to be Prime Minister, preferring to govern his people, utilized the resources of Northern Nigeria. With the famous Kano groundnut pyramid, cotton, Hides and skin, the imperious by cerebral Sardauna, who had valiantly fought for, but failed to become the Sultan of Sokoto at 29, losing to Sultan Siddiq Abubakar III, who reigned for 50 years till 1988. The great grandson of Uthman Dan Fodio (of “Conscience is an open wound; only the truth can heal it” fame), built the Ahmadu Bello University (ABU) which stretched from Samaru, Zaria, to Funtua in the present day Katsina. He set up the Northern Nigeria Development Company (NNDC); built the Yankari Games Reserve; the Ahmadu Bello Stadium; and the Hamdala hotel, Kaduna.

In the Eastern Region, Dr Nnamdi Azikiwe (First Premier 1954-1959) and later Dr Michael Okpara, and his Governor, Dr Akanu Ibiom and others with Dr Mbonu Ojike embarked upon major organ on revolution; they built the Trans-Amadi Industrial Estates and Presidential hotels in Enugu and Portharcourt. They built the University of Enugu; the Obudu Cattle Ranch and Resort, the Eastern Nigeria Development Corporation (ENDC); Cement fatory at Nkalagu, breweries, textile Mills and Enugu Stadium. They could do this because they controlled their palm produce. This was time fiscal federalism at work.

To be continued…

THOUGHT FOR WEEK

“Good governance is one of the most important factors in economic growth and social well-being”. (Joe Lonsdale).

 

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