Opinion

Niger’s War of Blood and Water

Published

1 year ago

August 7, 2023

Eric

By Lasisi Olagunju

One of the bitter lessons Bola Tinubu may have learnt in his abortive war against Niger Republic’s military junta is that with northern Nigeria, blood will always be thicker than water. In this matter, Niger Republic is blood; Nigeria, especially the part of it outside the Muslim north, is water. Northern Nigerians will not sacrifice their brothers and sisters in Niger for anything, not for a nebulous concept called ‘democracy’ and definitely not in defence of Western interests.

Last week, I looked at the geography of West Africa, its map and where Niger stands. I queried the rigour (or, even the wisdom) in ECOWAS slapping border closure on Niger when it should be clear to the leaders there that you cannot close a door you do not control: Benin Republic and Nigeria which are in Niger’s southern borders have frontier populations that would do anything to protect their brothers and sisters in Niger. Niger’s northern borders are shared with non-ECOWAS members, Libya and Algeria, who share very strong Muslim brotherhood ties with Niger. The other borders are with Burkina Faso in the southeast, with Mali in the west, and with Chad in the east – all under military rule, like Niger.

The last five days have been very testing for Nigeria. Tinubu last Thursday sent Sultan Muhammad Sa’ad Abubakar (a retired Brigadier General) and General Abdulsalami Abubakar to Niamey to negotiate with the coup leaders. They came back empty-handed. That very day, northern Nigeria issued a carefully worded warning to Tinubu’s government to back off the course of attacking Niger. The north spoke through its umbrella group, Arewa Consultative Forum (ACF), which described a military action against Niger as “certainly not an adventure to be led by Nigeria.” The people on the other side, the north said, are “our brothers and sisters.” It reminded Tinubu that Nigeria and Niger “share a long historical border of more than one thousand five hundred kilometers with families and communities sharing common facilities including farmlands, markets, cultural bonds, and languages for many centuries predating the Trans Saharan Trade and colonial times.” Still, the president did not appear to have read the North. On Friday morning, Tinubu sent a letter to the Senate asking for approval to carry out ECOWAS resolutions on the Niger crisis. Military intervention is one of those resolutions. On Friday night, northern senators released a statement urging their colleagues from other parts of the country to join them to reject that call for war. The Senate on Saturday afternoon voted against the war plans of ECOWAS. Its chair and our president, Tinubu, can now smile away from the odious shame of defeat.

Because of Niger Republic, the North was restive throughout Friday and for much of Saturday its volcano was humming. Northern Nigeria was saying that it wouldn’t have Nigeria fight Niger, a country with which it had been one family before the British created Nigeria. Uthman dan Fodio was born in Maratta in the Tahoua region, present-day Niger; he died in 1817 in Sokoto, present-day Nigeria. Read Oxford Research Encyclopedia of African History. Nothing, not Nigeria, not democracy, neither coup nor pressure from any patron abroad would make northern Nigeria cut its family tie with Niger. What clever leader walks so headily into a trap as Tinubu has done? He is, however, lucky; he has a Senate of night soil men that has helped him to clear the mess. But why did he think he could pull off a military campaign against Niger by Nigerian forces? Who would have helped him pull the trigger and fire the tanks? Why did he write the Senate? Why did he not look carefully at the ethno-religious demography of the Senate before unleashing his war whim on that chamber? He should have weighed the options he had.

Talking about weighing options before actions are taken. Reports say our North was/is not just against military action against Niger; it is also against plunging the neighbouring country into darkness by the Nigerian government. Watching your brother’s back is what family means. We supply about 75 percent of Niger’s electricity. This was disconnected some days ago on the orders of Tinubu. How wise was that option?

Long after this coup flood would have dried off, its tributaries will continue to ravage Nigeria-Niger relations. How right (or righteous) was that act of disconnection of electricity from Niger? Or how legal or illegal was it? The use of international waters is governed by international law moderated by bilateral/multilateral treaties, agreements and Acts. For River Niger (post-colonial), there are about six of such, starting with the Act of Niamey of 1963, the Agreement of November 1964, the Niamey Agreement of 1973, the 1980 Convention, the Protocol of December 1982 and the Water Charter of 2008, among others. These laws lay out “general principles for equitable and reasonable participation and use of the water of River Niger” and obligated parties “not to cause harm to other states” in accordance with the laws. A key agreement here was the decision not to have River Niger dammed by any of the upper-course states so as not to injure downstream Nigeria’s hydroelectric dams while Nigeria undertook to supply electricity to the upper riparian countries. Until last week, Nigeria kept to that agreement; but Niger Republic has long violated the pact. Our neighbour is building an ambitious dam,
Kandadji Dam, with a height of 280m, a length of 8,780m and a reservoir covering an area of 282 hectares. The dam, 489km away from Nigeria, should be ready by 2024 – next year- or 2025, but the injury envisaged in 1963 is already taking its toll.

The Niger Basin Authority manages River Niger for all its riparian states. Its National Focal Structure (NBA-NFS) meeting of 14 July, 2017 discussed what it described as “the dwindling flow of the River Niger, the development of Kandadji Dam project upstream of River Niger and other related issues.” Whatever that meeting decided did not stop Niger from going ahead with the project. In September 2021, the now deposed President Bazoum visited the construction site, he sounded upbeat and said that “all the obstacles have been lifted..in a few months you will see the project taking shape.” He explained that the dam was aimed at addressing dependence on Nigeria for electricity supply. Bazoum’s predecessor, Mahamadou Issoufou, who started the project, was also quoted as explaining the dam’s objectives: “It is not only a question of producing electricity, but also of regenerating the river’s ecosystem, while creating the conditions for local development.” What has happened to the treaties and their implications? Article 17 of the 1964 Agreement says “The Act of Niamey together with this Agreement may be denounced by any one of the riparian states after the expiration of a period of ten years from the date of its coming into force.” The Agreement goes further to prescribe the procedure for the denunciation. Did Niger Republic follow that process before starting the project in 2017? If it did, what did our government do? Because blood is thicker than water, Niger’s negative activities and their ‘injurious effects’ went on under the watch of President Muhammadu Buhari without a word of protest from our leader. He, instead, feted Issoufou and his successor, Bazoum; they feted him so much also that he publicly announced that he would relocate to Niger if Nigeria became unliveable for him.

If northern Nigeria needs to throw the south of Nigeria into the Atlantic to save Niger Republic, it will. This should not rile us. A former US Ambassador to Nigeria, John Campbell, once noted that “the Niger-Nigeria border is artificial.” He said “it was drawn in the colonial period by London and Paris…to check German expansion in West Africa rather than recognition of ethnicities or other indigenous factors.” Niger’s population is 25.25 million. The Hausa share of that figure is 13.07 million – more than half of the total. We have Fulani, Kanuri, Tuareg Arabs in our northern population; Niger has them too. So, the people along that axis share much more than geography; they see no border, what they see is family. An American political scientist, Williams Miles, about 18 years ago looked at what he called “local versus external perceptions of Niger-Nigeria boundary” and submitted that “for the border-line Hausa, identity is not zero-sum: feeling more and more Nigérien/Nigerian does not result in diminution of their ‘Hausa-ness'”(see Williams F. S. Miles, 2005: 297). Their ethnicity and religion are their country, not Nigeria, not Niger. In that corridor, you can’t define the concepts of citizenship and nationality and get them right. Each person there belongs, daily, to the country where dawn meets them. Miles (2005:307) says that in 1998, the Nigeria-Niger Border Commission identified eight ‘Nigerian’ villages in Nigerien territory and nine ‘Nigerien’ villages on Nigerian soil. He adds that there are tens of villages halved between the two countries and that there are “inhabitants with farmland straddling the boundary (who) had to choose one colonial side or the other. French subjects were not supposed to farm on ‘English’ territory, and vice versa. As a result of ‘intermarriage’ (e.g., a ‘French’ Hausa man marrying an ‘English’ Hausa woman) and ensuing inheritance
complexities, it has become quite possible for a son to claim his family and heritage in Niger, even if he himself grew up in Nigeria and is a citizen thereof.”

If Tinubu did not appreciate these facts before he started his Niger misadventure, he should now. His teacher is the torrent of negative vibes from northern Nigeria because of its twin brother- Niger Republic.

Can we leave Niger alone to decide what it wants? It is not the first (and won’t be the last) to suffer a military coup. My people say that it is with one’s mouth that one rejects what one does not want to eat. When Nigerians wanted democracy, we were in the trenches for almost two decades fighting for it. We’ve not heard a word of condemnation of the coup from inside Niger. Al’ára ní ara ò ro òun; why are we taking analgesic on behalf of neighbours who insist they feel no pain? Nigerians are hungry, they are talking food; their president is talking war. Should it be like that? Why the undue interest in Niger’s affairs by Nigeria and its ECOWAS? We can understand the superpowers and the unease around them that almost threatens a world war. There is something in Niger for them. Canadian news agency, Reuters, last Friday gave a further hint. It wrote that Niger Republic has strategic significance for the United States, for China, Europe and Russia given its uranium and oil riches and pivotal role in the war with Islamist rebels in the Sahel region. Niger has one of the largest uranium deposits in the world. It, in fact, accounts for about five percent of global uranium supplies. United States Energy Information Administration (EIA) statistics shows that France, with 56 operable nuclear reactors, has one of the largest nuclear power programmes in the world. Its nuclear reactors generated 361 billion kilowatt-hours of electricity in 2021 – 68 percent of the country’s annual electricity generation. That feat is from Niger’s high-grade uranium. Niger gives electricity to rich France, but because Africa has leaders who sleep on their brains, uranium-rich Niger has no reactor – and cannot have a reactor; over 80 percent of Niger is in darkness and the country itself is one of the world’s poorest.

So, why is the world in turmoil because of a tiny, poverty-ridden country in backwater Africa? The drivers of global politics do not get serious to benefit others. In international relations and politics, national interest is an instrument of political action; it justifies anything and everything. And, because Africa’s husbands’ national interest must prevail at all times, sometimes without their footfalls being heard, they use, misuse and misgovern our leaders; they send them on slave errands. That is very manifest in the current Niger debacle. Tinubu and his brother West African presidents should reread 17th-century poet, Jean de La Fontaine’s tale of The Monkey and the Cat: “shrewd, wily monkey convinces unwitting (or downright stupid) Cat to pull chestnuts from a hot fire. Cat scoops chestnuts from the fire one by one, burning his paw as he does so; Monkey eagerly gobbles them up, leaving none for the Cat.” They should also read about Vladmir Lenin’s “useful idiots”, a ‘simple’ people routinely used cynically by their lords and masters to push a cause they know little or nothing about and is of no benefit to them.

What will Tinubu look like after this time out? Studies upon studies have shown that leaders who drag their nations into unnecessary war expose themselves to a condition that threatens their retention of political power. Luckily for our president, his puny Senate has saved his face for him with a soft landing. But let him stop acting Reagan without the depth of Ronald Reagan. As Emeritus Professor Toyin Falola said in a private group discussion yesterday, Tinubu’s friends should tell him to recalibrate: “His handling of the coup in Niger is terrible: he forgets the large Hausa population; he forgets the Yoruba-Sabarumo alliance in Niger which can cause genocide to his Yoruba people…he forgets refugees; he forgets the pipeline passing through Niger to Morocco; he even forgets the rams needed for Ileya. His friends should tell him to recalibrate. As Mr. Macaroni would ask: “Are you normal?” Is Tinubu normal? In my only public piece on him, Adán, I explained the danger he represents, using the bat as a metaphor: a shifting character that feeds on its environment, destroys it, and moves away.”

Because Tinubu is famed to be smart and wise, this final word should be enough counsel for him.

First Published in the Nigerian Tribune

Opinion

Onnoghen, Free at Last

Published

1 month ago

November 12, 2024

Eric

By Prof Mike Ozekhome SAN, CON, OFR, LL.D.

“Freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed” (Martin Luther King, Jnr). Justice Walter Onnoghen who was unfairly disgraced out of office presumably as a crook by former dictator President, General Muhammadu Buhari, has just demonstrated this apophthegum through three appeals, namely CA/A/375/2019; CA/A/37/SC/2019 and CA/373C/2019. He valiantly fought for his freedom through these three appeals against his April 18, 2019 outrageous conviction which was schemed by Buhari and his kitchen cabinet to humiliate Onnoghen out of the Bench so as to make CJN, his preferred candidate (Justice Tanko Mohammed), CJN (rtd.) on the eve of the 2019 presidential election. Buhari knew he had performed dismally and would be rejected at the polls by angry and hungry Nigerians. So he went Judge-shopping. The rest as they say is history. The legal saga of Justice Walter Onnoghen is not just the story of one man’s acquittal, but a larger commentary on the poor state of Nigeria’s judiciary and the ever-present tensions between political power wielders and judicial independence. It is a story fit for a Grammy Award movie. His acquittal on 4th November, 2024, by the Court of Appeal in Abuja, marked a significant chapter in Nigeria’s legal history, casting a powerful shadow of doubt and curious spotlight on the principles of separation of power, due process, the sanctity of judicial independence and the perils inherent in political intervention. The appeal that restored Justice Onnoghen’s hard-earned reputation and returned his assets to him is also a profound testament to the importance of procedural integrity and jurisdictional boundaries in any democratic society.

I had the opportunity in the nineties to appear before the brilliant Judex while he was a High Court Judge of the Cross River State Judiciary, Calabar. I know he was a man of integrity and character. During the infamous Onnoghen’s trial by ordeal, I made many interventions. In one, I said:

“A strong judiciary is one of the irreducible fundamental platforms for any meaningful constitutional democracy. If you terrorise, intimidate, harass and humiliate the judiciary, using strong hand and brute force, it is a stage set for bidding democracy farewell”- Mike Ozekhome, SAN (https://dailytrust.com/ozekhome-charges-judiciary-to-shut-down-courts-over-onnoghen/). (13th January, 2019).

In a world where the judiciary stands as the final arbiter of justice, Justice Onnoghen’s story is one of a victim who faced unprecedented tribulations, endured a long agonising path to redemption. He ultimately emerged victorious. The appeal process that culminated in his acquittal is a reminder that justice may sometimes be delayed, but it can never be forever denied.

HOW THE APPEAL COURT ACQUITED ONNOGHEN
The verdict by the Court of Appeal represented a turning point in a legal drama that had captivated Nigerians and raised profound questions about the nature and quality of justice in the country. On the 4th of November, 2024, a three-member panel led by Justice Abba Mohammed ruled in favour of the ex-CJN, Walter Onnoghen, acquitting him of the charges initially levied in 2019 by the Code of Conduct Tribunal (CCT) in 2019. This decision not only vacated the earlier conviction but also ordered the unfreezing of all his bank accounts, thus restoring his financial freedom that had been denied him since the controversial trial began.

I have been overwhelmingly vindicated in all my angst and ventilations against the victimhood suffered by Onnoghen. Hear me:

“The CJN can be removed from office either if he has been convicted or if under section 291 of the constitution, the Senate affirms a request by the President to remove him by two-third majority vote” – Prof. Mike Ozekhome, SAN (https://www.pulse.ng/news/politics/mike-ozekhome-reacts-to-allegations-against-cjn-onnoghen/zdx9del). (12th January, 2019).

The acquittal judgement was predicated on a legal principle central to the Nigerian jurisprudence which articulates around jurisdiction. The Court of Appeal asserted that the CCT had no authority in the first instance to try and convict Justice Onnoghen having not passed through the National Judicial Council (NJC). This oversight, the appellate court argued, rendered the entire proceedings null and void. This requirement had been emphasized in Nigerian case law with decisions such as FRN v. NGANJIWA (2022) LPELR-58066(SC) and OPENE v. NJC & ORS (2011) LPELR-4795(CA), which clearly emphasise that judicial officers must first be vetted by the NJC before facing any criminal trial by a tribunal or court. This process is designed to protect the judiciary and its judexes from strong-hand politicians and political interference, thus ensuring that judges are treated with the respect, dignity and due process that their offices richly deserve. I had angrily queried:
“…Our system of justice being Anglo-Saxon based, which is accusatorial, meaning that the innocence of a person is presumed. It is different from the criminal justice system of the French model which is inquisitorial, wherein the guilt of an accused person is presumed. This doctrine has been encapsulated in section 36 of the 1999 Constitution, as amended, that the person’s innocence is presumed until he has been proven guilty. Assuming for example that Senator Bukola Saraki had been forced to resign his office when charges were brought against him before the same Code of Conduct Tribunal almost three years ago, what would have happened and what would have been his fate when the Supreme Court eventually discharged and acquitted him of the charge, following judgements and earlier order of the Court of Appeal and the Code of Conduct Tribunal itself? If you ask me, I sense serious political undertones oozing from this so-called imminent arraignment of the noble CJN. Question, when did they discover the alleged offence for which they now want to charge him on Monday? Was it just yesterday, was it last week, two weeks or six months ago? The CJN has been in office now for well over one year, how come that this misconduct or whatever offence that he is being alleged, was not seen up to now? How come, that it is just less than 40 days to the 2019 Presidential election, when the CJN is going to play the major role in constituting the Presidential election petition tribunal, that he is being moved against? Who is afraid of the Judiciary? Who is afraid of Justice Onnoghen and his impartiality and straightforwardness? How come we are reducing governance in Nigeria to one of impunity, one of despotism and one of absolutism. Don’t this people know that the world is laughing at us? Did we not see how Dino Melaye was yanked out from police hospital and taken to DSS quarters when he had no business or case with the DSS and DSS had no case against him. Did they not see Dino Melaye, a serving Senator of the Federal Republic of Nigeria, sleeping in the open yesterday? Do they go on social media and do they watch international televisions? Do they know how the whole world is deriding us in this country? That governance has been reduced to mere witch-hunt, very opaque, very unaccountable, very un-transparent and very very fascist! Can’t they see that?”- Prof. Mike Ozekhome, SAN (https://www.pulse.ng/news/politics/mike-ozekhome-reacts-to-allegations-against-cjn-onnoghen/zdx9del). (12th January, 2019).

My intervention as far back as 2019 served as a reality-check, pointing out that removing a Chief Justice can never be a whimsical decision; it is bound by the checks and balances that keep our justice system watered. My then reference to “impunity, despotism, and absolutism” hit like a huge hammer, evoking the imagery of a judiciary under siege of political transaintionists. By drawing parallels with then Senators Saraki and Dino Melaye’s own public tribulations, I attempted to paint a vivid picture of a prostrate justice system afflicted by power jackbootism.

Justice Onnoghen’s acquittal is a clear victory for judicial integrity, independence and an affirmation that the judiciary cannot be used as a pawn on political chessboards. The ruling also reinforces the fact that procedural lapses, especially in matters bordering on citizens right and high-ranking judicial officers, are unacceptable and grossly violate the principle of fair trial. As the Bible counsels in Proverbs 31:9, “Speak up and judge fairly; defend the rights of the poor and needy.” This verse captures the essence of due process, emphasizing that justice must be dispensed with fairness and respect for established procedures. I did not mince words then in condemning the executive lawlessness unleashed on Onnoghen:
“It must be pointed out that this latest step by the CCT… appears to be teleguided by the dictatorial Executive, especially the presidency” – Prof. Mike Ozekhome, SAN (https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/). (14th February, 2019).

The ugly circumstances surrounding Justice Onnoghen’s initial trial and conviction by the CCT underscore the potential dangers when procedural norms are bypassed. My passionate critique of the dastardly role played by the Buhari-led administration from 2015 to 2023 as regards Onnoghen’s trial by ordeal revealed the high stakes which were at play. By overstepping the NJC, I had warned then that unchecked executive power could encroach upon the independence of the judiciary which will ultimately undermine the very foundation of democracy.

THE PRECEDENT OF JURISDICTION AND JUDICIAL INDEPENDENCE
Justice Walter Onnoghen’s acquittal by the Court of Appeal is not just a victory for one individual, but a landmark affirmation of a fundamental principle of law, that jurisdiction is the bedrock of any valid legal proceeding. Without proper jurisdiction, any judgement rendered is, as many legal scholars have agreed on, will merely be an exercise in futility. This principle is enshrined in our legal jurisprudence to protect the sanctity of judicial offices and prevent arbitrary persecution. The Court of Appeal’s decision to vacate Justice Walter Onnoghen’s conviction reaffirmed this core legal tenet, sending a clear message that the judiciary is not a toothless bulldog and tool to be wielded by the executive or any other arm of government.

“Injustice anywhere is a threat to justice everywhere” – Martin Luther King Jr. The Nigerian legal framework, supported by landmark cases such as FRN v. NGANJIWA (Supra) and OPENE v. NJC & ORS (Supra), outlines that the NJC must first investigate and make recommendations regarding any allegations against judicial officers before any trial can commence at the CCT. This process serves as a bulwark against arbitrary trials, ensuring that judges are not subjected to undue pressure or political intimidation. I had also then warned about the dangers posed whenever these procedural safeguards are disregarded: “The CCT was unrelenting: it discarded its earlier precedents; ignored court rulings barring it from trying Onnoghen. It was the case of the falcon not hearing the falconer”- Prof. Mike Ozekhome, SAN (https://www.thecable.ng/ozekhome-onnoghen-resigned-because-the-cabal-had-sealed-his-fate/). (6th April, 2019).

Thus, five years ago (2019), I was nothing short of prophetic. I had foreseen the critical blunders and overreaches that would compromise the integrity of the judiciary in the Onnoghen saga. My warnings were very clear then about the dangerous precedent that was being set in bypassing due process and using the judiciary as a tool for political manoeuvring. As events have now unfolded, my observations then have proven me to be a visionary critic who critiques (not criticises) a justice system that was then on the brink. I had cautioned against the erosion of judicial independence in the face of executive influence. I had given nine reasons why the CCT’s arrest order on and trial of Justice Onnoghen could not stand. See:
(https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/).

My list was not just a check-list of procedural irregularities; it was also an indictment of a system seemingly hijacked by political buccaneers. Each point landed like a blow, revealing layers of oversight that were by-passed; up to the requirement for humane treatment under the ACJA that was ignored. I meticulously built my case, demonstrating that Onnoghen’s trials were not just about one man, but about the sanctity of the judicial process itself. It was persecution, not prosecution.

My vivid metaphor of the then CJN being “mob-lynched,” painted a grotesque picture of a judiciary cornered by hidoues forces intent on humiliation rather than achieving justice.

Justice Onnoghen’s acquittal by the Court of Appeal thus serves as a reaffirmation of judicial independence, reminding all branches of government that the rule of law cannot be compromised for political expediency. As the Bible says in Psalm 82:3, “Defend the weak and the fatherless; uphold the cause of the poor and the oppressed.” These words resonate deeply in the context of Onnoghen’s trial, encapsulating the judiciary’s duty to protect the innocent from unwarranted persecution and uphold the principles of justice.

POLITICAL UNDERTONES AND THE QUEST FOR JUDICIAL AUTONOMY
Justice Walter Onnoghen’s journey from indictment to acquittal reflects a deeper narrative about the political undertones that permeated his trial. His suspension by then President Muhammadu Buhari which took place only weeks before the 2019 presidential election, had raised significant concerns about the timing and motivations behind the charges. Many saw it as an attempt to influence the judiciary ahead of a critical election, a sentiment I shared and eloquently captured in “Onnoghen… knew that his fate had been pre-determined by the cabal, signed, sealed and delivered”- Prof. Mike Ozekhome, SAN (https://www.thecable.ng/ozekhome-onnoghen-resigned-because-the-cabal-had-sealed-his-fate/). (6th April, 2019)

The timing of the charges, as well as the swiftness with which Onnoghen was brought to trial, laid validation to public perception that Justice Onnoghen was merely targeted for his position and influence within the judiciary. Like I put it then, “Many facts bear this simple deduction out. The petitioner, an NGO, actually committed the Freudian slip by anchoring its petition on ‘bearing in mind the imminence of the 2019 general elections’” – Prof. Mike Ozekhome, SAN (https://dailytrust.com/ozekhome-charges-judiciary-to-shut-down-courts-over-onnoghen/). (13th January, 2019).

The Bible, in Proverbs 21:15, declares, “When justice is done, it brings joy to the righteous but terror to evildoers.” The acquittal of Justice Onnoghen, in this light, is therefore not just a personal victory but a broader triumph for all who value justice and integrity.

Like I noted then, “Justice Onnoghen’s removal was also an attempt by the executive arm of government to have a firm control of the nation’s judiciary”- Prof. Mike Ozekhome, SAN (https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/). (13th February, 2019).

CONCLUSION

Ultimately, Justice Walter Onnoghen’s acquittal is a landmark victory for judicial independence and a testament to the enduring principles of justice and due process. His journey from indictment to acquittal serves as a potent reminder that the rule of law must remain inviolable, even in the face of political pressures.
Onnoghen’s case will remain a watershed moment in Nigeria’s legal history, a vivid reminder that the judiciary’s role is to safeguard the rule of law, protect citizens’ rights and ensure that democracy even when faced with formidable forces of political influence, triumphs. It should be able to skillfully navigate through the ever present interplay of centripetal and centrifugal forces.

As Nigeria continues to evolve as a work-in-progress, Justice Onnoghen’s exoneration stands as a powerful reminder to us all that, in the words of Proverbs 21:3, “To do what is right and just is more acceptable to the Lord than sacrifice.” Congratulations, Milord. Enjoy your hard won-back integrity, honour and dignity.

Opinion

Masquerade of Excellence: Celebrating Prof Mike Ozekhome’s Remarkable Journey @ 67

Published

2 months ago

October 14, 2024

Eric

By CDS Omon-Irabor Esq

Chief Prof. Dr. Mike A.A. Ozekhome SAN,
the only masquerade that dances in the farm without cutting a single reed of the yam tendrils.

The Gadfly is climbing the 67th rung on the ladder. From the hills of Agenebode down to the plains of the Iviukwe, the celestials, the principalities and the gods of Weppa and Wano Kingdoms are celebrating this colossus, who came in disguise as a little rough village boy; but very comely and handsome, his divine intelligence surpasses those of his peers.

Taking a sudden flight through primary and secondary schools casaded him into the land of Oduduwa. He anchored his life voyage at the ancestral home of the Yorubas, Ile-ife. Here his projenitors believed to have a temporary abode before sending the last born of the Ogisos Ile-ife (I ran and I became rich, Benin translation). Omonoyan (wrongly called Oromiyan) was sent to go to the land of Igodomigodo where today Chief Mike Ozekhome holds the title of Enobakhare of Benin Kingdom.

This great man had all his trappings, equipped himself and became a lawyer, taking abode in the Delphic Oracle (that is what we called the Chambers of Chief Gani Fawehim). There he became the Aristostle, tampering with the Apologia left at the eye of euroba.

He journeyed on, for no destiny, no chance, no faith, nor circumstance could hinder, control or circumvent the firm resolve of a determined soul in Chief Mike Agbedor Abu Ozekhome as epitomised or postulated.

The great learned Senior Advocate of the masses grudges on, defending the most vulnerable and giving voice to the voiceless and muscle to the powerless.

The Okporokpo of Oleh kingdom, Delta State; the Aimotekpe of Okpeland, the Agbamofin of Ijanikinland, Lagos; the Ohamadike1 of Obibi Ochasi, Imo State; the Ada Idaha of Efik land and the great Akpakpa Vighi Vighi of Edo Land, the land of my ancestors, I salute you for it is morning yet.

There is no space here,for my ink is running dry; but before I drop, I remember your words to me while I was in the dock of the Warri High Court on the 12th day of July, 2013, “Omon, you look worried; mind you, those who think that they can cover the shinning sun with their palms will soon find the heat unbearable”.

Those who stopped you from becoming our Governor in 2003 indirectly made you Governor of all Governors.

In all these odyssey you traversed, behind the dìm unknown standeth God, watching over you, His own.

Obokhian, amonghon, iyare iyare, mooooooh.

CDS Omon-Irabor Esq writes from the hill and the cave of Ebudinland

Opinion

Mr. President: Affordable Fuel is Possible at Zero Subsidy

Published

2 months ago

October 12, 2024

Eric

By Dr. Aliyu U. Tilde

Yesterday evening, I listened attentively to a panel of experts and stakeholders on the BBC program Ra’ayi Riga, anchored by Umaima Sani Abdulmumin. The program ended with a big doubt in my mind regarding a matter purported to be a provision of OPEC and crucial to the price of petrol in Nigeria.

Tyranny

I could not fathom how particularly the representatives of NNPC and IPMAN stressed that Nigerians will be at the mercy of two variables: the international market and the price of the US Dollar in Nigeria. They said OPEC agreement compels member countries to sell allocated domestic crude at international rate even if refined locally. One of them even said the Iran-Israel conflict can cause domestic price of petrol in Nigeria to rise.

So we should expect higher fuel prices anytime the rate of the dollar appreciates in Nigeria and also when, for any reason, there is a rise in the cost of crude in the international market. It is the rule, according to them. Our fate, they claim, is sealed, regardless of our OPEC membership and Dangote refinery. Nigerians will no longer have a stable fuel price.

Trust me, in Nigeria, the equation will be simultaneous. At any given moment, a reason will be found to use either or both parameters to increase pump price. The target of government is to extract more revenue from citizens while the businessmen in Dangote, Major Marketers, NNPCL and IPMAN continue to feed their greed for endless profit with our blood.

One would wonder why OPEC would be so oppressive in inflicting such tyranny on the citizens of its members. Senator Ndume, who was in the panel, said if he cannot understand why, how would they expect a commoner sitting under the tree to do so?

The truth

The truth is that there is no provision like that in OPEC agreements. In fact, the very idea of domestic crude quota arose in realization that citizens of member countries may need to enjoy cheaper oil than the international market price. That is why those citizens have been enjoying cheaper fuel for the past five decades in different countries. Many still do. Why not Nigerians?

If you ask ChatGPT whether OPEC agreement compels member countries to sell crude for domestic consumption at international market price only, this is the answer you get:

“OPEC (Organization of the Petroleum Exporting Countries) does not directly compel member countries to sell crude oil for domestic consumption at international market prices. OPEC’s primary role is to coordinate and unify petroleum policies among member countries to stabilize oil markets and secure a steady supply of oil.

“However, OPEC’s production quotas, agreements on output levels, and policies can indirectly influence domestic oil pricing. In practice, many OPEC members choose to sell crude oil domestically at subsidized rates or prices lower than the international market. This decision is made at the discretion of individual member countries, often as part of national energy policies aimed at supporting domestic economies and industries. Nonetheless, these policies may vary from one member country to another depending on domestic priorities and economic strategies.

“There is no formal OPEC rule that requires domestic sales to match international prices, though it can be influenced by international agreements and market pressures.”

The Truth

The truth is that the President and Minister of Petroleum can sell our 445,000 barrels a day to Dangote at even N50,000/barrel after taking into consideration the cost of extraction and OPEC will not raise any eyebrow. Dangote can charge the cost of refining, add his profit and sell to NNPCL and IPMAN at, say, N300/litre. On their part the marketers will add their cost of transportation, storage, profit, etc., and sell it to Nigerians at N400/litre. And—boom—we all will be happy.

It is entirely the discretion of the President and his government. So whoever wants to sell our locally produced fuel by that simultaneous equation is on his own. There is no OPEC in the equation.

The Squeeze

Also, among those who would fight against Nigerians enjoying affordable fuel rates are the IMF, World Bank and the West generally. They want the government to squeeze us the more such that we can service our debts and collect more loans from the Shylock. The age long philosophy is: our poverty, their wealth; our pain, their joy.

Added to these are local liberal economists who believe in high taxation, claiming that the blood money will be used to develop our infrastructure, health, education, etc. It is just the same old bunkum selling since 1986 at the debut of Naira devaluation while our infrastructure, hospitals and schools continue to deteriorate in rebuttal of that thesis.

A Call

I call on the President to consider the low income status of our citizen. Only affordable fuel price will hold together our social fabric, ensure our prosperity and guarantee our security. It is zero subsidy because we are not buying it from anyone. It is our oil.

The President must keep in mind that the IMF and oil magnates are not his partners in 2027. He is on his own. They will be there to outlive him and work with the next President. Let this sink into his psyche. Tam!