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The Oracle

Disputes Between States and Federation: Examining the Jurisdiction of the Supreme Court (Pt. 4)

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By Mike Ozekhome

Introduction

In the last episode of this discourse, we concluded our discussion of the meaning of ‘dispute’ for the purpose of the original jurisdiction of the Supreme Court. We then examined the legal dimensions of disputes between the States and the Federation, defining the Federation and the conceptual link between it and the Federal Government of Nigeria. We concluded it with a discussion of the principles for the invocation of the original jurisdiction of the Supreme Court in disputes between States and the Federation.

In today’s episode, we shall conclude our discussion of the principles for the invocation of the original jurisdiction of the Supreme Court, highlighting instances where the jurisdiction of the court cannot be invoked. We will then consider the possibility of an individual invoking the original jurisdiction of the court, and consider an apparent shift in the position in two circumstances which are discussed, starting with the locus standi of a State to sue in the court to protect its inhabitants or indigenes. Enjoy.

Principles For The Invocation Of The Jurisdiction Of The Supreme Court (continues)
However, some cases have also been struck out for feigning ignorance of this dividing thin line. For instance, in ATTORNEY-GENERAL OF LAGOS STATE v. ATTORNEY-GENERAL OF THE FEDERATION, Ibid the Supreme Court declined original jurisdiction to entertain the action and struck it out. The plaintiff had sought a declaration that the Value Added Tax Act, Cap. VI, Laws of the Federation of Nigeria, 2004, is null and void, to the extent that it provides for the imposition and collection of taxes on goods and services in Lagos State, outside the legislative competence of the National Assembly, and perpetual injunction, restraining the Federal Government from continuing to give effect to the provisions of the said Act. The 1st defendant filed a notice of preliminary objection, urging the court to strike out and/or dismiss the action, stating that the allegation of the plaintiffs is absurd and is trying to usurp the acts of an agency of the Federal Government. In its lead judgement delivered by DATTIJO MUHAMMAD, JSC, the apex court held that “the plaintiff had approached the wrong court because its claim clearly relates to the revenue of the government of the Federation, consequent upon the taxes of one of its agencies levies, and or/seeks the interpretation of the Constitution as to how the operation of the Constitution affects the 1st defendant or any of its agencies. The dispute pertained to the operation of the Federal Inland Revenue Service (FIRS), in relation to an agency of the plaintiff. Rather, it was the Federal High Court that had jurisdiction on matters agency in relation to taxation of companies and other bodies”.

In the same breath, in the case of ATTORNEY GENERAL OF ABIA STATE V. ATTORNEY GENERAL OF THE FEDERATION, NWLR (2007) 2 SC 146, the action of the plaintiff was a challenge against the establishment and functions of the Economic and Financial Crimes Commission (EFCC), as a federal agency operating in the States of the Federation. The Supreme Court held that this was not a dispute between the plaintiff and the Federal Government; neither was it a dispute between the plaintiff and the rest of the State Governments, which were joined as co-defendants.

Instances Where the Jurisdiction of the Supreme Court Cannot Be Invoked
The jurisdiction of the court cannot be invoked where:
a. There is a dispute on any criminal matter pursuant to the court’s original jurisdiction.
b. Any dispute arising between individuals at first instance.
c. Any dispute between persons and the Federal Government.
d. Any dispute between persons and a State Government.
e. Any action instituted by a corporate or statutory body.
f. Any action wherein a corporate body/institution/organization is made a party.
g. Any dispute between/amongst Local Government or between a Local Government and a State/the Federal Government.

The above instances were stated in the concurring judgement of I.T MUHAMMAD, JSC, as he then was, in the case of ATTORNEY-GENERAL OF RIVERS STATE v. ATTORNEY-GENERAL OF AKWA IBOM STATE 2011) All FWLR (pt. 579) 1023 S.C.

It is almost impossible to have this intriguing discourse without making reference or highlighting the need for locus standi before a matter can be filed at the Supreme Court.

Locus standi: Can An Individual Approach The Supreme Court?
Certainly, the answer to the poser is NO. In RE: LAGOS CHAMBER OF COMMERCE AND INDUSTRY, (2019) 1 NWLR (pt. 1652) 91, the Intervener/Applicant approached the Supreme Court via motion on seeking an order of the court granting leave to be heard in the proceedings between the plaintiffs and the defendant on whether the questions submitted by the plaintiffs for determination in its amended Originating Summons ought to be heard by the Supreme Court in its original jurisdiction. The Supreme Court held that the Applicant was not one of the parties recognized by section 232(1) of the Constitution to invoke the original jurisdiction of the Supreme Court. It further held that to that extent, the application was frivolous and the applicant was a busybody in a matter that did not involve her.

A Shift Of Position

Similarly, in ATTORNEY-GENERAL OF ONDO STATE v. ATTORNEY-GENERAL OF THE FEDERATION& 19 ORS. (1983) 2 SNLR 269. The Ondo State Government brought an action against the Federal Government and 18 other States of the Federation under the Supreme Court’s original jurisdiction. However, the 20th defendant was the then electoral body, that is, the Federal Electoral Commission (FEDECO). The apex court held that the Electoral body, not being a State, cannot properly be brought before it as a court of first Instance.

However, the Supreme Court may have tacitly shifted its earlier position and nodded to this practice in circumstances such as:

1. Where a person suing through or suing the Attorney General; and
2. Where the main claim is between a State or States and the Federation.

Thus in the case of ATTORNEY GENERAL OF RIVERS STATE V. ATTORNEY GENERAL OF BAYELSA STATE, (2013) 3 NWLR (pt. 1340) 123 SC, the apex court held that though section 232(1) has indicated that only governments can be competent parties when the original jurisdiction of the Supreme Court is being invoked, suing through and or suing a sitting Attorney General will not make the suit incompetent, as section 20 of the Supreme Court Act, 2004 permits that.

Also, in ATTORNEY-GENERAL OF RIVERS STATE v. ATTORNEY-GENERAL OF AKWA IBOM STATE, Ibid the Supreme Court held that even if other persons or institutions are made parties to a suit whereby the original jurisdiction of the Supreme Court has been invoked, such original jurisdiction will still avail if the main claims are between the State and the Federal Government or between States, because the existence of such dispute will fulfill the requirements of section 232 of the Constitution.

Locus Standi of States to Protect Their Citizens
Generally, the issue of locus standi was recently addressed by the Supreme Court, in the landmark case of ATTORNEY- GENERAL OF KADUNA STATE & ORS. V. ATTORNEY- GENERAL OF THE FEDERATION & ORS, 2023) LPELR-59936(SC) @(Pp 37 – 39 Paras B – B), where EMMANUEL AKOMAYE AGIM, JSC, illuminated thus:
“Let me now consider the argument that the plaintiffs have no locus standi to bring the suit because the questions raised for determination and the reliefs sought for in the Originating Summons and the affidavit in support thereof do not show any dispute of facts or law on which the existence or extent of their legal right depends. It is correct that S.232(1) of the 1999 Constitution provides that the dispute between the Federation and a State or between States, over which this Court can exercise original jurisdiction, must be one that involves any question of law or fact on which the existence or extent of a legal right depends.

In other words, the dispute must arise over the plaintiff’s claim or assertion of the existence or extent of a right created or recognized and enforceable by law. This is the right, the breach of which entitles the plaintiff to remedy and gives him a right of action and a cause of action. The rights they assert in this suit are the right to be first consulted by the President as constituents of the Federation and the right to reasonable notice as such constituents before the President gave the directive or approval to the CBN to implement the change of currency notes, the right to protection of their states’ governance, economic and social order against massive disruptions and hardships that has resulted from the hasty and not well thought through and organized implementation of the change and the right to the establishment of adequate infrastructure and measures to prevent the said disruptions and hardships. It is obvious that the directive has been carried out. The fact is common knowledge, is not reasonably open to question and does not require proof, that the implementation of the directive has continued to deprive all persons and the plaintiffs access to a substantial part of their funds in banks, thereby forcefully and illegally depriving them their rights of ownership and use of the said funds for state functions. The President’s national broadcast of 16-2-2023 confirms this. Inherent in their status as constituents of the Federation under a democratic constitution, is their right to be consulted by the President before the exercise of any executive power of such magnitude as can have a far-reaching effect on the governance, economic and social order of each constituent of the Federation. Such a right is inherent in the idea of a Federation in a democracy. Without it, the Federation losses its sovereignty and the President becomes the sovereign and the Government of Nigeria a dictatorship.” (To be concluded next week).

Thought For The Week

“Presidents come and go, but the Supreme Court goes on forever”. (William Howard Taft).

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The Oracle

Is this the Nigeria of Our Dream? (Part 7)

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By Mike Ozekhome

INTRODUCTION

For the past two weeks, we had to step down on this series to mourn the passing away of Dr. Christopher Ogbonnaya Onu, the first civilian Governor of old Abia State. We also felicitated with a prominent Nigerian- Chief Ayo Adebanjo who turned 96 on 10th of April. Having in our last installment looked at the following sub themes: A brand new or an amended Constitution?; Re-working Nigeria’s Federal Structure through a new Constitution and the Nigerian experiment with Constitutional Democracy (the Colonial Era. We shall today, continue with an examination of Colonial constitution followed by suggestions for the way forward – specifically, convening a sovereign National Conference and the Imperative for a New Constitution. The latter focuses on the experiences of a selection of countries across the world, including Iraq, Kenya and South Africa. Read on.

THE NIGRERIAN EXPERIMENT WITH CONSTITUTIONAL DEMOCRACY

COLONIAL CONSTITUTIONS (Continues)

In the words of Olu Ariwoola, J.S.C., as he held in the case of UGBA v. SUSWAM (2014) All FWLR (Pt. 748) Page 825 @ 863, “The Constitution is the heart and soul of the people. That explains why the Constitution commences (with the word) ‘We the people…’ all provisions in the Constitution were put in by the accredited representatives of the people.”

Many Nigerians including most of the erudite constitutional law lawyers have expressed serious reservation about the process leading to the making of the 1999 Constitution and the resultant lack of popular acceptability occasioned by the process of its making. Again, Chief Rotimi Williams, SAN, a foremost Constitutional Law Lawyer described the 1999 Constitution as a “document that tells lie against itself.” Professor Itse Sagay, SAN, categorically described the Constitution as a “fraud.” The erudite constitutional law lawyer and a foremost Professor of Law, Professor Ben Nwabueze, SAN, described the Constitution as an “illogicality”. That the 1999 Constitution is a “Unitary Constitution for a Federal System of Government.”

The Constitution was described as a fraud and a document that lies against itself at a seminar on the new Constitution organized by the Nigerian Bar Association, Ikeja Branch, on the 18th of June, 2009, because the Constitution purportedly stated in its opening recital that “We the people of the Federal Republic of Nigeria having firmly and solemnly resolved… do hereby make, enact and give to ourselves the following Constitution.” Since the enactment of the 1999 Constitution, these pertinent questions have been asked repeatedly,
a. “where and when did that resolution take place’’?
b. “How did the people of the Federal Republic of Nigeria arrive at that firm and solid resolution purportedly expressed in the recital to the 1999 Constitution?

Everyone or perhaps almost everyone in the Nigeria today accepts the fact that the Nation is faced with series of structural and systemic challenges, a good number of which are the products of the inadequacies of the 1999 Constitution. It is no longer news that there has been over concentration of power at the centre to the detriment of the federating units. Indeed, over the years the centre has been grabbing and grabbing powers at the expense of the federating units. The long years of military adventure in governance has not helped the situation. For the sake of comparison, the ‘1954 Constitution donated 43 items to the center’ in the Exclusive Legislative List, ‘45 items in the 1960 and 1963 Independence and Republican Constitutions; 66 items in the 1979 Constitution’ and ‘68 items to the center in the 1999 Constitution’ as amended.

THE WAY FORWARD

It is worthy of note that since the 1999 Constitution came into force (The Constitution came into force on 29th May, 1999.), attempts have been made by previous administrations to remedy the situation. Two national (Constitutional) conferences have at different times been held unsuccessfully. The first was by the Obasanjo administration in 2005 tagged the National Political Reform Conference; (National Political Reform Conference, Abuja 2005 (VOLUME TWO; FEDERAL REPUBLIC OF NIGERIA) Paperback – January 1, 2005 by NPRC (Author) and the second was by the Jonathan administration in 2014, simply known as the 2014 National Conference. (The 2014 National Conference was inaugurated by the Nigerian President Dr. Goodluck Ebele Jonathan on 17 March 2014 in Abuja, Nigeria) I was a participant at both Conferences, including the Vision 2009 Conference. Attempts have also been made (and continue to be made) to amend the Constitution. Some of the amendments were successful and some unsuccessful. In 2017 alone, 32 new amendments to the Constitution were proposed by the Senate. Only 5 succeeded at the end of the day. Till date, there are still various Bills pending before the National Assembly for amendment to different provisions of the Constitution.

TWO OPTIONS ARE AVAILABLE

As a way forward, two options are available to us to remedy the defects of the 1999 Constitution. The first option is to continue to amend the Constitution relying on the amendment clause in the 1999 Constitution. This option has its own challenges because the military after handing down the Constitution made it so rigid to amend, to the extent that getting an amendment is almost as difficult as getting a new Constitution. Despite its obvious short comings, this option is ever more appealing to those at the corridors of power because it gives them room to manipulate and promote their selfish interests. No party in power wants to hear about the idea of a new Constitution because they are afraid of losing their existing positions. For instance, the number one item on the APC manifesto was the convocation of a Sovereign National Conference to fashion a new Constitution for Nigeria; but since they came to power, they have resisted every discussion on that.

The second option is to jettison the Constitution completely in favour of a new one. I am more in agreement with this option. In his book ‘Forms of Constitution Making and Theories of Democracy’ (See A. Arato, ‘Forms of Constitution Making and Theories of Democracy’ (1995–96) 17 Cardozo Law Review 191, 194.), Andrew Arato identified five different mechanisms of making a new Constitution in modern times: they are (1) through the Constitutional convention, (2) the sovereign constituent assembly, (3) the normal legislature, (4) the executive, and (5) an evolutionary process.

On his own part, Schmitt, C, in his book ‘Constitutional Theory, (See Schmitt, C, Constitutional Theory, trans Seitzer, Jeffrey (Duke University Press, Durham, NC, 2008) 94 Cross RefGoogle Scholar), insists that for the Constitutional-making process to be considered to be fully democratic, it must pass through five stages. According to him, all previously constituted authorities must first be dissolved, followed by a popularly elected or acclaimed assembly with a sovereign power. The assembly then begins to function as the government on a provisional basis. Next, a new Constitution is drafted and offered to the people to be ratified in a national, popular referendum. As soon as the draft Constitution is finally ratified, the constituent assembly will be dissolved and a new government will be duly formed under the new Constitution.

A SOVEREIGN NATIONAL CONFERENCE?

We believe that this is what is borne in mind by those calling for a Sovereign National Conference (SNC). It is understandable why this call is loudest among those in the opposition, while those in power tends to turn a deaf ear to it, because if this is implemented, they are going to lose their positions.

The truth of the matter is that if Nigeria truly wants to continue to be one indivisible entity and silence the various agitations for self-determination, it cannot shy away from the Sovereign National Conference. There is no amount of amendment of the present Constitution that can truly address the discontent and mutual distrust between the various ethnic nationalities. There must be an avenue where the people can meet and freely decide the way they want to stay together in a nation and be governed. Call it a Sovereign National Conference, Constitutional Conference, Constituent Assembly or simply National Conference, but the body must have the full power (sovereign power) to enact a new Constitution which can only be ratified by the people in a national referendum, devoid of any interference by any governmental authority. This is the only way we can stop running in a circle as a nation.

THE DIRE NEED FOR A NEW CONSTITUTION

Nigeria needs a new people-driven Constitution. It is not rocket sign. It has been done before.

COUNTRIES THAT SUBJECTED THEIR NEW CONSTITUTIONS TO CITIZENS’ REFERENDUM TO GAIN THEIR PEOPLE’S LEGITIMACY AND CREDIBILITY

IRAQ

THE CONSTITUTION OF IRAQ AND REFERENDUM

The first Monarchial Constitution of the Republic of Iraq came into force in 1925 and existed till the 1958 Revolution which established a Republic.

The current Constitution was adopted on September 18, 2005, by the Transitional National Assembly of Iraq, and confirmed by a constitutional referendum, held on October 15, 2005.It was published on December 28, 2005, in the Official Gazette of Iraq (No. 4012), in Arabic original, and thus came into force.

KENYA

There were three versions of the Kenya Constitution; with the most recent being the 2010 redraft. This replaced the 1963 Independence Constitution. This version of 2010 was presented to the Attorney-General of Kenya on 7th April, 2010, officially published on 6th May, 2010, and was subjected to Referendum of the Kenya people on 4th August, 2010. It was voted for and approved by 67% of Kenya citizens. It was then promulgated on 27th August, 2010.

SOUTH AFRICA

THE SOUTH AFRICA CONSTITUTION AND THE PEOPLE’S PARTICIPATION

After the elections of 1994, the new Parliament – working as the Constitutional Assembly (CA) – began writing the final Constitution of South Africa. On May 8, 1996, the Constitutional Assembly completed two years of work on a draft of a final Constitution, replaced the interim Constitution of 1993 by the year 1999.
The objective to submit the draft to the Constitution court was to ensure that the final Constitution was legitimate, credible and accepted by all South Africans. The process of drafting involved many South Africans in the largest public participation programme ever carried out. Nearly two years later, representatives of political parties negotiated the formulations contained in the final draft and ignited an integration of ideas from ordinary citizens, civil society and political parties represented in and outside of the Constitutional Assembly. The Constitution therefore represents the collective wisdom and will of the South African people because it was arrived at by general agreement and consent of all South Africans. (To be continued).

THOUGHT FOR WEEK

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

LAST LINE

God bless my numerous global readers for always keeping faith with the Sunday Sermon on the Mount of the Nigerian Project, by humble me, Prof Mike Ozekhome, SAN, CON, OFR, FCIArb., LL.M, Ph.D, LL.D, D.Litt, D.Sc. kindly, come with me to next week’s exciting dissertation.

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The Oracle

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

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By Mike Ozekhome

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

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

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

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

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

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

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

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

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

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

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

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

CONCLUSION

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

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

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The Oracle

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

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By Mike Ozekhome

INTRODUCTION

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

NIGERIA PANACEA VIDE TRUE FISCAL FEDERALISM (continues)

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

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

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

LESSONS FOR NIGERIA FROM THE ASIAN TIGERS

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

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

WHAT OF EUROPE AND THE U.S.?

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

THE BIG PICTURE

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

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

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

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

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

THOUGHT FOR WEEK

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

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