Opinion

The Oracle: Ozekpedia and the Toxicity of Buharocracy (Pt.5)

Published

1 year ago

August 4, 2023

Eric

By Mike Ozekhome

Ozekpedia has, in the last four weeks, dealt with “Buharocracy” as a concept of government that is antithetical to democracy and its tenets. The first three trenches were titled: “How Buharocracy put Nigeria in Throes”. The fourth tranche was advisedly titled: “Buharocracy: Know Ye the Concept?”. Today, Ozekpedia rolls out the fifth part which is titled, “Ozekpedia and The Toxicity of Buharocracy”.

For those who have not been following these series, Ozekpedia (2023) is my newly coined neologism modeled after Encyclopedia (1751-1772); Smithsonia (1846); Wikipedia (2001); Scholarpedia (2006); Legalpedia (2007); Europedia (2008) and Osepedia (2021). Ozekpedia has now debuted in 2023.

As promised in our last outing, we shall henceforth “take a peep into some specific instance of the use, misuse and negative impact of Buharocracy, instead of democracy”.

OZEKPEDIA AND THE TOXICITY OF BUHAROCRACY

The behavior of a man becomes his mark in the long run.
Do you really know Buhari? If yes, how much of him? What qualities does he possess? Have you ever heard about the term Buharism? I have now renamed it “Buharocracy”. The latter concept is wider and deeper. I would take you down historical memory lane, albeit briefly, to fathom a one time dictator that bestrode the narrow world of Nigeria like a colossus, while “we petty men walked under his huge legs and peep about to find ourselves dishonouurable graves” (Cassius to Btrutus in Julius Caeser, by William Shakespeare, Act I Scene II).

It was Jakande, who first used the term “Buharism”, after his incaseration ordeal. This was what happened. Recall that upon assumption of office as military Head of State, Buhari – then within his thirties – arrested all former public officers and dumped them into military detention. On a certain day in February, 1984, Brigadier Tunde Idiagbon, the then Chief of Staff and second-in-command to Buhari (the brain box of the Buhari military junta), announced that three (3) Governors of the Unity Party of Nigeria (UPN), had allegedly confessed to receiving monies amounting to #2.8 million from a French Company – Bouygues Nig. Ltd. He hinted that they would be charged before the Special Military Tribunal. This unverified statement of Idiagbon was publicly refuted by Chief Obafemi Awolowo – the then leader of the UPN. Upon trial, Chief Bola Ige of Oyo State, and Adekunle Ajasin of Ondo State, were discharged and acquitted. Olusegun Onabanjo was convicted for alleged knowledge of the donation to the party. It was established that Idiagbon had lied to the nation; but who had the guts or kidney to tell them that they lied to the nation? Moreso at in a time when embarrassment to public officers was made a crime pursuant to Decree No. 4 (Public Officers Protection Decree)?.

It did not simply end there. In a bid to cleanse his party’s name from oozing the mess, Awolowo (ever so strong in principles) published the entire accounts of the party (UPN). He noted that contributions were received by the party; and that the Lagos State Government had contributed 20 million naira. Buhari promptly arrested Lateef Jakande – the Governor- for no reason, other than daring to reveal Lagos’ own contribution. Jakande would have rotted in Buhari’s military gulag into which he was clamped if not for the hand of fate that brought the Buhari dictatorial military regime to an abrupt end. Talk about Deus Ex Machiina. It was when Jakande was released and he addressed the press, that he used the term, – Buharism. “Buharism” – a disastrous ideological mantra based on executive lawlessness, religious fanaticism, high – handedness, ethnic jingoism and sheer ignorance is what I have now turned into “Buharocracy” “Buharocracy” is the art of practising all other “crazies” such as Selectocracy, Judocracy, Electionocracy, Executocracy and legislotocracy. It is a pretentious tendency, clothed with devilish, janus-faced wield of power. It is anchored on anti-democratic practices by a clamorous and vainglorious demagogue. It is a form of government that is shambolic and duplicitous and signposts ignoble show of national ignorance and global failure. The concept is bad for all intents and purposes. Let us take a look at some specific instances.

PRE – 2015 AND THE ECLIPSE OF NATIONAL DISASTER

Before May 29, 2015, Nigeria was governed by Dr. Goodluck Ebele Jonathan – after his 2011 presidential victory. I would not say Nigeria was at it’s best; but the economy was manageable, fair enough for habitation and good living. It overthrew South Africa as the biggest economy with over $500 billion rebased economy. But, the administration was greeted with rising insecurity and insurgency – especially in the North East- which was believed by close watchers to have been orchestrated by persons that desperately wanted the government to fail at all cost, so as to remove Jonathan from power. The abduction of 276 Chiboks girls by the Boko Haram was the last straw that broke the carmel’s back. It finally sealed the fate of the Jonathan administration. There was therefore the urgent need for an alternative government. The alternative came under the guise of “change”. But, did we know the change?. Did Nigerians care to know? I think not. How I wish Nigerians could foresee the 8 years of Buhari’s disastrous misgovernance of Nigeria. I had warned serially and continually. But, Nigerians, like the Bourbons of European history who learnt nothing and forgot nothing, paid deaf ears to me. Like the Egyptian king Ramesse II. (c. 1279- 1213BC), Nigerians chose to be deaf. By the time they woke up from their cocooned deep slumber, it was too late to ward off a ferocious dictator dressed in the beautiful garb of white babariga and sokoto.

Buhari has, surprisingly, beaten his chest many times, trumpeting his purported achievements.

In his response to Bloomberg’s questions published on June 21, 2022, Buhari said that his administration will be leaving Nigeria “in a far better place than he found it.” Did I hear him well? Is it Nigeria from planets Mars, Neptune, Mercury, Venus, Jupiter, Saturn or Uranus? I do not. Or do you? But one this is clear to me, Behari was certainly not referring to our mother-Earth planet.

He blurted out, narcistically, as usual: “We leave Nigeria in a far better place than we found it. Corruption is less hidden for Nigerians feel empowered to report it without fear, while money is returned; terrorists no longer hold any territory in Nigeria, and their leaders are deceased, and vast infrastructure development sets the country on course for sustainable and equitable growth.” … In the area of corruption, as you are all aware, I am determined to ensure that we do not have a repeat of what has gone on in previous administrations and we have taken a strong stand against pervasive corruption.”

These words of a true posear and an obviously unfulfilled despot, defile the many facts that stare Nigerians in the face. He spoke exactly the opposite of what is on ground. The words also defy scriptural admonitions.

The Holy Bible admonishes, “Let someone else praise you, and not your own mouth; an outsider, and not your own lips.” – Proverbs 27:2 (NIV). Islam’s Imam Ali (A.S) said, “a man who praises himself displays his defiency of intellect.” In the same vein, Imam Malik was more pungent, “verily, when a man starts praising himself, then his honour will leave him.”

There are many reasons why people resort to praising themselves, such as Buhari did and still does:
1.) They lack confidence in their abilities and judgement; as they have a low esteem.

2.) On the other extreme, they may have too much and overblown confidence in their abilities and judgement.

3.) They need compensation over their low esteem through validation and praises from others.

4.) Such persons are arrogant and prideful: have a narcistic personality disorder, with an inflamed sense of self-importance that requires constant admiration, attention and praises.

What could be the reason for Buhari’s vainglorious self – praises? I do not know. Or, do you? Your answer may be good as mine.

To hit the nail on the head of the nuclueos of this discourse, an analysis of the tripodal agenda of the Buhari – led administration in comparison with the pre – 2015 status would help out. But it should be noted that, at the very early stage of his administration, I had pleaded; even admonished him; but all fell on deaf ears. – https://ww.nairaland.com/2416049/buharis-first-30-days-office/1 ; Buhari’s First 30 Days In Office Dismal, Uninspiring – Ozekhome – Politics (2) ; June 30, 2015; “https://www.premiumtimesng.com/features-and-interviews/195427-how-others-view-the-present-government-part-2-by-mike-ozekhome.html?tztc=1; How others view the present government (Part 2), By Mike Ozekhome; December 25, 2015”. Some Nigerians – sycophantic Buharists and Buharadeens-had bayed for my patriotic innocent blood. Most later recanted, called me and apologized. Some still do today. Let us take some samples of his performance c.

THE ECONOMIC MELT DOWN THAT WAS BEYOND REPAIRS
During his first term as President, after making three executive orders, the economic environment became more toxic and more unconducive for investors.

Major economic indicators such as unemployment, oil depletion, capital flight, dis-investment, etc, surfaced. I would blaze through the GDP and Inflation rates in the last 8 years.

GROSS DOMESTIC PRODUCT (GDP)
The growth of Nigeria’s economy dropped drastically during the fourth quarter of 2015, from 2.84 percent to 2.11 percent; and in the fourth quarter of 2016 to 0.36 percent. In the second quarter of 2016, the economy worsened and a decline of – 2.06 per cent was recorded. Hence, the first ever recession experienced since 25 years’. In the third quarter of 2016, a decline of – 1.3 percent was recorded. The first quarter of 2017 saw the growth of our GDP at – 0.92 per cent, the remaining quarters growth rate were at 0.72, 1.17 and 2.11 respectively.

There was a real economic turn down in 2018. The GDP growth declined and never rose above 2 percent. In 2019, the GDP growth rate was 2.21%, a 0.29 increase from 2018. In 2020, it reduced to -1.79%, a 4% decline from 2019. In 2021, the GDP growth rate was 3.65%, a 5.44% increase from 2020.

Our GDP continued reducing and wallowing in the aqua of uncertainty till Q3 2022 growth rate recorded a decrease by 1.78% points from the 4.03% growth rate recorded in Q3 2021 and decreased by 1.29% points relative to 3.54% in Q2 2022. However, quarter-on-quarter, real GDP grew at 9.68% in Q3 2022, reflecting a higher economic activity in Q3 2022 than the preceding quarter. The World Bank forecasts the Nigerian economy to grow by 2.8 percent in 2023, down from 3.3 percent in 2022. What a pity! Is this how a country grows and develops? Whoever eventually emerges president after the Presidential Election petition hearing is surely going to inherent the abysmal and wanton failure of Buhari, his predecessor. May God help us.

INFLATION
It is the consensus of reports that after Buahri took over as President in 2015, inflation rate rose from 9.0 per cent to 9.2 per cent in June of that year. By November and December, 2015, it was already 9.37 and 9.55, respectively. In 2016, we witnessed our first recession due to decline in oil and non oil businesses. Before the end of 2017, the inflation was measured at an alarming 8.72 per cent.

It was only in 2018, that the country did not record consecutive rise of inflation. However, the year ended with an 11.28 and 11.44 per cent rise within November and December respectively. In 2019, the inflation rate increased in January, through April and May; and then the borders were shut down by the Federal Government under the guise of fighting criminal smugglers. This caused unbearable hardship and suffering to Nigerians. Inflation still rose during the closure. In the wake of 2020, the world was greeted with the unwavering and unsavory effect of the Covid 19 pandemic; shutting down the entire global economic affairs; leading again to another recession. By the middle of 2021, inflation hit about 18.17 per cent.

Inflation continued till 2022, and by November, it hit had 21.47 per cent. By April this year, inflation was 22.22 percent. Thus, the administration recorded the highest inflation at its tail end. Could this be deliberate?. Fellow Nigerians, No be juju be that? I do not know. Or do you?

NIGERIA: A GRUESOME CRIME SCENE UNDER BUHARI
Buhari’s administration inherited the Boko Haram which was then the predominant security challenge in Nigeria. While death from Boko Haram insurgency has reduced drastically, there has been an upsurge of other violent crimes such as armed bandits, violent herdsmen, ransome-taking kidnappers, deadly armed robbers, unknown gun men and other non-state actors, that threaten and challenge Nigeria’s sovereignty and suzerainty.

Before now, we were only afraid to travel through the Northern routes. But today, we are all afraid to travel through the North, South, East and West. This is because, anything can happen, as the roads are quite unsafe. Imagine a country were military officers are kidnapped, military colleges are invaded, a train station is invaded and people kidnapped, without government intervention. Cases of broad day light robbery, amongst others, have been common place.

Between 1st of January and 31st July 2021, at least 279 government institutions were confirmed attacked. The deadly operation of unknown gun men and the discovery of death bodies in the South East is another major challenge. The robbery attack on the office of the Chief of Staff to the President showed that even the presidency was not secure. Sometime in 2021, about 807 students were kidnapped. See my writeup then: “https://saharareporters.com/2021/02/28/807-school-pupils-stolen-under-buhari-hope-nigeria-itself-wont-be-abducted-ozekhome; 807 School Pupils Stolen Under Buhari; Hope Nigeria Itself Won’t Be Abducted? – Ozekhome; February 28, 2021”.

Buhari was that President that never knew what was going on in his government. He denied knowledge of almost anything and everything. Some Nigerians started thinking he was deaf because, he was always missing in action. See my intervention: “https://thenigerialawyer.com/insecurity-president-buhari-missing-in-action-his-capacity-has-been-tested-ozekhome-san/; Insecurity: President Buhari Missing In Action, His Capacity Has Been Tested — Ozekhome, SAN; April 28, 2021. Methinks he was sleeping, so I called for his wake. – https://thisnigeria.com/wake-up-president-buhari-from-his-deep-slumber-self-denial-ozekhome/; Wake up President Buhari from his deep slumber, self-denial – Ozekhome 29th April, 2021”. The Universities were no longer safe for Nigerian students; coupled with neglect of settling the long-drawn strike issue between the FG and ASUU. Armed banditry and kidnapping became the order of the day. See “https://nigeriannewsdirect.com/nigerian-universities-kidnapping-and-banditry/; Nigerian universities, kidnapping and banditry; December 10, 2021”. School children were kidnapped from Universities; and their parents were forced by kidnappers to purchase for the sustenance of their children for the purpose of ransome, bags of rice; beans; millet; tomatoes; tarodo; palm oil; pepper; vegetable oil; salt; sugar; onions; vegetable; and even magi cubes and locust beans. Nigerians never had it so bad.

The Nigerian Security Tracker of the Council for Foreign Relations reported that, 63, 111 Nigerians were killed since the Buhari administration took off: 27,311 during first term; and 35,800 during the second term. Yet, this was an administration that spent up to eight trillion naira (N8tn) in the last eight years on defence budget alone. From further conservative report by the press, at least 21 people were killed every day during Buahri’s 2,555 days in office!

In 2019, Nigeria was ranked 3rd below Afghanistan and Iraq out of 138 countries in the Global Terrorism Index. Again, Nigeria was ranked the 14th most fragile country in the world and the 9th in Africa, according to the Fragile States Index. That same year, Nigeria also ranked 148th out of 163 countries in the Global Peace Index, far below former war-ravaged countries like Sierra Leone, Liberia and Rwanda. Thus, the citizens clamoured for the removal of the Service Chiefs due to zero performance after so many setbacks, uncertainties, deaths, mayhem, arson etc. Nigeria under Buhari was simply a grisly crime scene. Period.

Opinion

Day Dele Momodu Made Me Live Above My Means

Published

2 weeks ago

September 1, 2024

Eric

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.

Opinion

PDP at 26, A Time for Reflection not Celebration

Published

2 weeks ago

September 1, 2024

Eric

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.

Opinion

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

Published

1 month ago

August 9, 2024

Eric

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.