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The Oracle: Nigeria in Search of an Enduring Political Structure: Imperatives of Structural Reform (Pt. 2)

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By Mike Ozekhome

INTRODUCTION

Politics reigns supreme over the current economy as the determinant of who gets what, when, where and how. Politics is at the root of the country’s endless problems. Across the various levels of government, there is scant evidence that authorities have a handle on problems. On this sad note, we shall continue our discourse on this vexed issue. Read on.

A FUNNY COUNTRY: MISPLACED PRIORITIES (continues)

Meanwhile, an assortment of Non- State Actors – from armed serenaded bandits to kidnappers and terrorists – have laid vicious siege on large swathes of the country, holding hapless citizens hostage with their campaign of unremitting terror and brigandage. No one and nowhere is either safe or immune – including the capital city, Abuja, the President’s home State (and home-town) of Kastina and Daura, respectively. Some of those abducted have remained in captivity for almost a decade (the Chibok and Dapchi hostages), Infrastructure such as prisons and trains/rail tracks are targeted seemingly at will – with little or no resistance from those paid to safeguard such assets and our very lives. With the next general elections half a year away, the political class have resumed their 4-yearly ritual of promise-making and mudslinging. Nigeria practices Electionocracy, plutocracy, gerotencracy, judocracy, Executocracy, and legistocracy but never democracy as defined by Abraham Lincoln in his November, 19, 1863 Getty’s Burg declaration of democracy being a government of the people, by the people and for the people.

The only difference this time is that the usual suspects have been joined by a seeming upstart who is giving the former a run for their money. Is he a genuine hope of a break from the past? Does he represent the future which his supporters (and they are legion) portray him to be?

THE SPECTACULAR FAILURE OF THE BUHARI GOVERNMENT

Time will tell. If the late Chinua Achebe and other informed analysts are correct (and there is no reason to believe that they are not), the historical failure of governance at all levels continues to this day with the incumbent Government at the center led by President Muhammed Buhari being particularly blameworthy. This is not political partisanship, but simply an informed, objective, conclusion from verifiable facts.

We all recall the enthusiasm and hope which greeted his election in 2015. The belief was that, at the very least, being a retired General, he would deal decisively with the rampant insecurity in the form of the dreaded, now proscribed Boko Haram terrorist organization within 3 months. Beyond that, there was also a perception (perhaps based on his seeming no-nonsense persona), that he would not condone official corruption. A young man Mohammed Isah) trekked from Lagos to Lokoja; Dahiru Buba from Gombe to Abuja, Suleiman Hashiman walked 750 kilometers from Lagos to Abuja (1.12 hours per day to celebrate Buhari’s victory in 2015. Mohammed Kabiru rode a bike from Kaduna to Abuja. Such euphoria that a messiah had come at last. Alas, both beliefs have turned out to be misplaced, as both ills have not only thrived under his watch, they have increased exponentially. The situation appears to be worse than it might actually be because of the President’s apparent insensitivity, as he always gives the impression (from media interviews and his famed dead-pan and inscrutinable ‘body language’) that he is detached from reality. His frequent foreign trips (some call them junkets) lend credence to this – especially their timing in the midst of the latest outrage by the aforesaid Non-State Actors. To many Nigerians, the President is simply not in charge – even if he is in office. He has perhaps never heard of Harry Truman’s dictum that “the buck stops here”.
Nigeria’s passport holders are regularly isolate for special checks and scrutiny in foreign airports because they have earned, as a class, a reputation for crime – especially economic crime. But, this is just the tip of the ice-berg. Among ourselves, back home, we are routinely uncharitable, unkind and unpatriotic. We see public property (especially public funds) as bona vacantia (ownerless property) to the mismanaged and, where possible plundered at will – with impunity. Critical institution which ought to make a difference in curbing such excesses – particularly law enforcement organizations and the judiciary – are themselves either gasping for breath, playing catch-up, or in some instances, willfully complicit in the various malfeasances of the polity.

HOW SOCIETAL VALUES DISAPPEARED

Our values have gone thrown overboard and jettisoned in the mad rush by seemingly everyone (but particularly our youths, the supposed future of tomorrow) to get rich quick by all means, fair or foul. Religious institutions are not left out. Many of them glorify wealth and openly glorify its acquisition and its conspicuous display, with celebrity clergy now rubbing shoulders with the jet-set and becoming as glamorous as rock stars, actors, politicians and other celebrities. Known thieves and celebrated criminals are given front rows in churches; front row mats in mosques and are garlanded with national honours and doctorate degrees in our university. All these in a atmosphere were, as a result of the activities of a motley crew of terrorists, bandits and kidnappers, life has – to quote John Hobbes – became increasingly solitary nasty, brutish and short. This is not an exaggeration, as even egg-heads – university lecturers – have joined in the scramble for the good things of life and they are presently involved in an industrial action (for the umpteenth time) which is in its seventh month – and it doesn’t look like it will end any time soon.

In short, everything that can possibly go wrong with Nigeria seems to have been done or is doing so. There is seemingly no end in sight as the outlook is all doom and gloom. The political class must be sampled out for blame – for obvious reasons: they control the levers of power. Unfortunately, they have failed, calamitously, to wield it for the public good and have, collectively, been responsible – more than any other group of Nigerians (except, perhaps, the Military) – for the sorry state in which we find ourselves. Each of them, to a man (or woman), has been singularly (and shockingly) selfish clannish, uninspiring and largely incompetent and unpatriotic. As role models, they have been anything except that. On the contrary, Nigerians are routinely regaled with stories of official corruption and graft, which in some instances, assumed bizarre – if not comical – dimensions, with an assortment of wild animals – from chimpanzees, to snakes and even termites being blamed for the disappearance of humongous amounts of cash in public coffers. Civil servants have graduated from crèches under President Yar’ Adua and Jonathan where they fleeced the country of few billions, to tertiary and post-graduate institution where they now pocket hundred of billion of naira.

It is hardly surprising, then, that an increasing number of young Nigerians have become disillusioned and lost hope in their country and, as a consequence, taken their destinies in their hands by choosing to vote with their feet and emigrating, some by road, other through the deserts and seas.
The demographics of those involved is diverse – from the not-so-educated to professionals, with Nigeria doctors and nurses, in particularly, reportedly among the highest arrivals in the EU,UK, Canada, the US, the UAE and elsewhere.

The cost of this obvious brain-drain is incalculable and it remains to be seen how it will affect our development and future generations. Beyond even all that, it is equally clear that, politically, Nigeria has never been as divided as now, with large sections of the country openly clamouring for secession while others, who are not going that far, ask for the country to be re-structured with more power devolved to its component parts, particularly in the areas of security and fiscal federalism paradox of our situation than the following by an anonymous online analyst 1:

NIGERIA HAS SINCE BORROWED HER FUTURE

The D-G of the Debt Management Office (DMO) recently alarmed Nigerians when she casually confirmed that Nigeria’s total debt as at March, 2022, stands at N41.60 trillion. Nigeria has been running serious budget defiats. According to the World bank Survey report of 197 Countries, Nigeria came 195 beating only Yemen and Afghanistan.

Nigeria that used N10trillion for the 2022, oil subsidy regime is expected to use N9trillion in 2023. The size of the borrowing is 62% of the budget. Nigeria now borrows to service debt interest; not the debt itself. We have literally become a vassal of and dependant on China, that has its shy lock fingers on different aspects of the economy, ranging from metrol light rails, hydro power dams, free trade zones, to transportation and telecommunications. The trade deficit between Nigeria and China is 80% – 200% of bilateral trade volumes. Nigeria imports 10 times more than it exports to China.

NIGERIA PAYS FOR DARKNESS

Nigeria ought to be producing at least 12,522 MW of electricity today with abundant sources of power through coal, hydro, oil (petroleum) and natural gas, Nigeria has every options the TCN (Transmission Companies of Nigeria) and the Discos that distribute electricity generated by Gencos. The Discos call the shot, forcing Nigeria to pay for darkness. Small Kenya of ….. people generates 1.043 gigawatts; Ghana installed capacity of 3,655.5 MW. Compare Nigeria, a country of 217.4 million people generating … of electricity, less than 1000 of South Africa with 60.9 million people which generates 5,095MW. What a shame!

THE DESERTION AND RELOCATION OF INDUSTRIES

Most major industries that were very famous in Nigeria in the 70%, 80% and 90% have either withered and died away or relocated to neighboring countries due to incumbent and uncondusive prevailing conditions. Between 2009-2014, 322 private firms closed down in Nigeria due to strangulating business regulations, corruption and unstable political environment, according to a World Bank Enterprise Survey.

Factories and companies that have folded up in Nigeria include Berec Batteries, Exide Batteries, Okin Biscuits, Aladja, Jos and Osogbo Steel Rolling Mills; Nigeria Sugar Company, Tale and Lyle sugar company; Nigeria Paper Mill Ltd, Nigerian Newsprint Manufacturing Company at Oku-Iboku; and the Nigeria National Paper Manufacturing Company in Ogun State.

Six Automobile Assembly Plants, including Peugeot, Volkswagen, Anambra Motor Manufacturing Ltd, Steyr, National Truck Manufacturers, Fiat and Leyland, have all kissed the canvas and gone into extinction. 38 textile companies, including Afprint, Aswani, Arewa Textiles, Unitex, Supertex, Asaba, Odua, Edo and Aba Textile Mills; Nigerian Synthethic Fabrics, First Spinners, Kaduna and United Nigeria Textile Mills, have gone into historical oblivion. What about the Ughelli Glass Industry; Okpella Cement Factory? Glaxo Smithe Khline, Agbare, Industrial hub? Gone or, about to.

To be continued…

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Opinion

Day Dele Momodu Made Me Live Above My Means

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By Uzor Maxim Uzoatu

These are dangerous days of gross shamelessness in totalitarian Nigeria.
Pathetic flaunting of clannish power is all the rage, and a good number of supposedly modern-day Nigerians have thrown their brains into the primordial ring.

One pathetic character came to me the other day stressing that the only way I can prove to him that I am not an ethnic bigot is to write an article attacking Dele Momodu!

I could not make any head or tail of the bloke’s proposition because I did not understand how ethnic bigotry can come up in an issue concerning Dele Momodu and my poor self.

The dotty guy made the further elaboration that I stand accused of turning into a “philosopher of the right” instead of supporting the government of the day which belongs to the left!

A toast to Karl Marx in presidential jet and presidential yacht!

I nearly expired with laughter as I remembered how one fat kept man who spells his surname as “San” (for Senior Advocate of Nigeria – SAN) wrote a wretched piece on me as an ethnic bigot and compelled one boozy rascal that dubiously studied law in my time at Great Ife to put it on my Facebook wall!

The excited tribesmen of Nigerian democracy and their giddy slaves have been greased to use attack as the first aspect of defence by calling all dissenting voices “ethnic bigots” as balm on their rotted consciences.

The bloke urging me to attack Dele Momodu was saddened when he learnt that I regarded the Ovation publisher as “my brother”!

Even amid the strange doings in Nigeria of the moment I can still count on some famous brothers who have not denied me such as Senator Babafemi Ojudu who privileged me to read his soon-to-be-published memoir as a fellow Guerrilla Journalist, and the lionized actor Richard Mofe-Damijo (RMD) who while on a recent film project in faraway Canada made my professor cousin over there to know that “Uzor is my brother!”

It is now incumbent on me to tell the world of the day that Dele Momodu made me live above my means.

All the court jesters, toadies, fawners, bootlickers and ill-assorted jobbers and hirelings put together can never be renewed with enough palliatives to countermand my respect for Dele Momodu who once told our friend in London who was boasting that he was chased out of Nigeria by General Babangida because of his activism: “Babangida did not chase you out of Nigeria. You found love with an oyinbo woman and followed her to London. Leave Babangida out of the matter!”

Dele Momodu takes his writing seriously, and does let me have a look at his manuscripts – even the one written on his presidential campaign by his campaign manager.

Unlike most Nigerians who are given to half measures, Dele Momodu writes so well and insists on having different fresh eyes to look at his works.

It was a sunny day in Lagos that I got a call from the Ovation publisher that I should stand by to do some work on a biography he was about to publish.

He warned me that I have only one day to do the work, and I replied him that I was raring to go because I love impossible challenges.

The manuscript of the biography hit my email in fast seconds, and before I could say Bob Dee a fat alert burst my spare bank account!

Being a ragged-trousered philanthropist, a la the title of Robert Tressel’s proletarian novel, I protested to Dele that it’s only beer money I needed but, kind and ever rendering soul that he is, he would not hear of it.

I went to Lagos Country Club, Ikeja and sacked my young brother, Vitus Akudinobi, from his office in the club so that I can concentrate fully on the work.

Many phone calls came my way, and I told my friends to go to my divine watering-hole to wait for me there and eat and drink all that they wanted because “money is not my problem!”

More calls came from my guys and their groupies asking for all makes of booze, isiewu, nkwobi and the assorted lots, and I asked them to continue to have a ball in my absence, that I would join them later to pick up the bill!

The many friends of the poor poet were astonished at the new-fangled wealth and confidence of the new member of the idle rich class!

It was a beautiful read that Dele Momodu had on offer, and by late evening I had read the entire book, and done some minor editing here and there.

It was then up to me to conclude the task by doing routine editing – or adding “style” as Tom Sawyer would tell his buddy Huckleberry Finn in the eponymous adventure books of Mark Twain.

I chose the style option, and I was indeed in my elements, enjoying all aspects of the book until it was getting to ten in the night, and my partying friends were frantically calling for my appearance.

I was totally satisfied with my effort such that I felt proud pressing the “Send” button on my laptop for onward transmission to Dele Momodu’s email.

I then rushed to the restaurant where my friends were waiting for me, and I had hardly settled down when one of Dele’s assistants called to say that there were some issues with the script I sent!

I had to perforce reopen up my computer in the bar, and I could not immediately fathom which of the saved copies happened to be the real deal.

One then remembered that there were tell-tale signs when the computer kept warning that I was putting too much on the clipboard or whatever.

It’s such a downer that after feeling so high that one had done the best possible work only to be left with the words of James Hadley Chase in The Sucker Punch: “It’s only when a guy gets full of confidence that he’s wide open for the sucker punch.”
Lesson learnt: keep it simple – even if you have been made to live above your means by Dele Momodu!

To end, how can a wannabe state agent and government apologist, a hired askari, hope to get me to write an article against a brother who has done me no harm whatsoever? Mba!

I admire Dele Momodu immensely for his courage of conviction to tell truth to power.

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Opinion

PDP at 26, A Time for Reflection not Celebration

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By Obianuju Kanu-Ogoko

At 26 years, the People’s Democratic Party (PDP) should have been a pillar of strength, a beacon of hope and a testament to the enduring promise of democracy in Nigeria.*

Yet, as we stand at this milestone, it is clear that we have little, if anything, to celebrate. Instead, this anniversary marks a sobering moment of reflection, a time to confront the hard truths that have plagued our journey and to acknowledge the gap between our potential and our reality.

Twenty-six years should have seen us mature into a force for good, a party that consistently upholds the values of integrity, unity and progress for all Nigerians.

But the reality is far from this ideal. Instead of celebrating, we must face the uncomfortable truth: *at 26, the PDP has failed to live up to the promise that once inspired millions.*

We cannot celebrate when our internal divisions have weakened our ability to lead. We cannot celebrate when the very principles that should guide us: justice, fairness and accountability,have been sidelined in favor of personal ambition and short-term gains. We cannot celebrate when the Nigerian people, who once looked to the PDP for leadership, now question our relevance and our commitment to their welfare.

This is not a time for self-congratulation. It is a time for deep introspection and honest assessment. What have we truly achieved? Where did we go wrong? And most importantly, how do we rebuild the trust that has been lost? These are the questions we must ask ourselves, not just as a party, but as individuals who believe in the ideals that the PDP was founded upon.

At 26, we should be at the height of our powers, but instead, we find ourselves at a crossroads. The path forward is not easy, but it is necessary. We must return to our roots, to the values that once made the PDP a symbol of hope and possibility. We must rebuild from within, embracing transparency, unity and a renewed commitment to serving the people of Nigeria.

There is no celebration today, only the recognition that we have a long road ahead. But if we use this moment wisely, if we truly learn from our past mistakes, there is still hope for a future where the PDP can once again stand tall, not just in name, but in action and impact. The journey begins now, not with *fanfare but with resolve.

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Opinion

Is the Recent Supreme Court Judgment on Payments Being Made Directly to Local Government Councils from the Federation Account Enforceable?

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By Prof Mike Ozekhome SAN, CON, OFR

Many Nigerians and non-Nigerians alike have repeatedly asked me if the Supreme Court was not wrong in its interpretation of section 162(3), (4), (5) and (6) of the 1999 Constitution and what happens to the allegedly wrong judgement. They want to know if the judgment is superior to the said “clear” provisions of the Constitution and if it is ENFORCEABLE or capable of being enforced. They also want to know how,in the event that I say it is enforceable.My simple answers to both questions are yes, yes and yes. Let’s take them one after the other.

1. THE JUDGMENT OF THE SUPREME COURT IS SUPERIOR TO THE PROVISIONS OF THE CONSTITUTION.

A law is only what the courts interpret it to be, not what it says on bare paper. That was why Oliver Wendell Holmes Jnr, a very influential civil rights Jurist, Brevet Colonel during the American Civil War and longest serving Justice of the US Supreme Court (1902-1932), who retired from the US Supreme Court at 90, once famously declared that, “the prophesies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law”.

In other words, the law (whether constitutional, substantive, statutory, or adjectival) remains what it is-inanimate and dead on paper-until the life and the oxygen of interpretation are breathed into it by a court of law. Consequently, it is thus the interpretation which was given by the Supreme Court to the entire section 162 of the Constitution on the sharing procedure between the Federal government, states and the LGCs, and not the bare provisions of the Constitution that prevails.

IS THE JUDGMENT ENFORCEABLE?

The answer is also in the affirmative. Section 287(1) of the 1999 Constitution comes to our rescue by providing that “the decisions of the Supreme Court shall be enforced by in any part of the Federation by all authorities and persons, and by courts of subordinate jurisdiction to that of the Supreme Court”.

Even if the Supreme Court was wrong in its interpretation of section 162 dealing with the State Joint Local Government Account, the judgement remains binding on all and for all times.It is only an amendment of the Constitution under section 9 thereof that can override the decision. No person or authority can decide,whimsically and arbitrarily to disobey the judgement, or pick and choose what portions of the judgment to obey or which to discard. In Rt Hon Michael Balonwu & Ors V Governor of Anambra State& Ors (2007) 5 NWLR ( Pt 1028) 488, the intermediate court held that “an order of court whether valid or not must be obeyed until it is set aside. An order of court must be obeyed as long as it is subsisting by all no matter how lowly or lightly placed in the society. This is what the rule of law is all about, hence the courts have always stressed the need for obedience to court orders”. It therefore does not matter that the judgment is downright stupid, illogical, or not well researched; or that parties affected do not like it. That is what the rule of law dictatesb and is all about. See AG Anambra v AG FRN (2008) LPELR-13(SC); Abeke v Odunsi & Anor (2013) LPELR-20640( SC); Ngere v Okuruket & Ors ( 2014) LPELR-22883 ( SC).

Right or wrong therefore, court judgements must be obeyed until set aside by a higher court, or a challenged section is amended by the Legislature. Since no court is higher than the Supreme Court of Nigeria, only an amendment to the Constitution by the NASS under section 9 can override the judgment: Obineche & ORS v. Akusobi & ORS (2010) LPELR-2178 (SC); Anchorage Leisures LTD & Ors V. Ecobank (NIG) LTD (2023) LPELR-59978 (SC) . That was why the same Supreme Court, acutely aware that it is susceptible to mistakes and errors being constituted by mere mortals and not almighty God or angels, once famously declared through late venerable Socrates of the Nigerian Bench, Honourable Justice Chukwudifu Oputa, in the causa celebre of Adegoke Motors Ltd v Adesanya (1989) NWLR ( Pt 109) 250, that “the Supreme Court is final not because it is infallible, it is infallible because it is final”.

2. ON HOW THE SUPREME COURT JUDGMENT IS IMPLEMENTABLE

The answer is equally simple. The FG, states and LGCs should now meet (and I am told they have been meeting) at FAAC and decide on modalities and procedures of opening up accounts for LGCs so that their allocation under section 162 is paid directly to them and not to the joint state LG account that is oftentimes waylaid by state Governors and fleeced without the helpless and hamstrung LGCs being able to raise a finger.

This is not rocket science. That refusal by state governors to remit to the LGCs was the ugly mischief the apex court judgment sought to cure; and it did so perfectly, loud and clear, in my own humble opinion. Inter alia, the apex court had declared emphatically that, “by virtue of section 162(3) and (5) of the Constitution of Nigeria, 1999, the amount standing to the credit of LGCs in the Federation Account shall be distributed to them and be paid directly to them”; that “a state, either by itself or Governor or other agencies, has no power to keep, control, manage, or disburse in any manner, allocations from the Federation Account to LGCs”.

The apex court also granted injunctive orders restraining “Governors and their agents, officials or privies from tampering with funds meant for the LGCs in the Federation Account” ; and further ordered “immediate compliance by the states, through their appointed officials and public officers with the terms of the judgment and orders”.

The apex court further ordered the “Federation or Federal Government of Nigeria through its relevant officials, to forthwith commence the direct payment to each LGC of the amount standing to the credit of each of them in the Federation Account”.

The content, terms and directives contained in this judgement, are in my humble opinion, very straight forward, unambiguous and are as clear and clean as a whistle. All parties concerned, – FG, states and LGCs- must therefore obey and enforce this judgement IMMEDIATELY. There is no option.I had earlier made public this same opinion of mine. I had written and stated on several TV stations that in my humble understanding of the principles of interpretation, the Supreme Court was right in the interpretation it gave to section 162 of the Constitution, so as to prevent continuation of years of wanton abuse of the provisions of section 162 by state governors. (See “LG Autonomy: Supreme Court’s verdict timely, regenerative-Ozekhome”, www.vanguard.com., 11, July, 2024 ). I still stand very firmly by this my earlier opinion.

God bless Nigeria as we collectively seek true fiscal federalism and not the present unitary system of government that we are currently operating under the thin guise of federalism.

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