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The Oracle

The Oracle: The Plateau State Legislators’ Debacle: Between Law and Justice (Pt. 2)

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By Mike Ozekhome

INTRODUCTION

In the first part of this piece, we considered the background and grounds for removing legislators and posed the question: what is jurisdiction? We then examined APC’s case at the Election Tribunal after which we reviewed the consequences of determining a mater without jurisdiction. We further restated the reason why only a co-aspirant is competent to complain about primaries which produced a party’s candidate in an election. We reinstated the trite principle of law that a challenge to the conduct of a party primary ids a pre-election matter.
Today, we shall examine the following: the status of the court of appeal as the final court in legislative appeals, the refusal of the court to review the PDP law makers’ case and why the court cannot review or vary its own order made without jurisdiction. We shall also critically the plateau fiasco vis-à-vis the power of a court to review its own judgement given reasons why the Court of Appeal should have done same in the case of the Plateau state legislators. Enjoy.

COURT OF APPEAL AS FINAL COURT ON LEGISLATORS’ MATTERS

It appears that the Court of Appeal being the Court of last resort in respect of all appeals from the decisions of election petition tribunals in disputes arising from the conduct, outcome and legality of National Assembly and States House of Assembly elections becomes functus officio once it delivers its judgement and cannot reopen a matter it has pronounced upon with finality. In other words, a judgment once delivered by the intermediate court on National and State Houses of Assembly matters cannot be varied where it correctly represents what the Court decided. Nor shall the operative or substantive part of such judgement be varied or substituted. See the cases of Oyetibo & Anor v. Oyinloye (1987) LPELR-2883(SC) at 11-13. Dingyadi & Anor v. INEC & Ors (2011) LPELR 950 (SC); Udende v. Suswam & Ors (2023) LPELR-61304 (CA); and Owoo & Ors v. Edet & Anor (2013) LPELR – 22042 (CA).

THE COURT OF APPEAL’S RECENT DISMISSAL OF THE APPLICATION FOR A REVIEW INSTITUTED BY THE SACKED PDP PLATEAU LAWMAKERS

The sacked Plateau Legislators in an attempt to reclaim their lost positions in the light of the Supreme Court’s judgement in the Caleb Mutfwang case and it’s obiter pronouncement on the legislators’ injustice, filed a fresh application before the same Court of Appeal that had dismissed their appeal from the Plateau State Election Tribunal, requesting a review of the said judgement that sacked them. The appellate court however, as expected, on 28th February, 2024, dismissed the suit, describing it as a waste of judicial time, frivolous and lacking in merit. It further slammed a fine of N128 Million Naira (N8 Million per Applicant) on the already beleaguered Applicants.

BUT CAN A COURT THAT ACTS WITHOUT JURISDICTION IN THE FIRST PLACE NOT VARY ITS OWN JUDGEMENT DELIVERED WITHOUT SUCH JURISDICTION BY WAY OF A REVIEW?

The apex court had observed (on the Plateau Legislators’ case, albeit obiter), while delivering the judgment in the Governor Caleb Mutfwang appeal, that the lower tribunal and Court of Appeal erred as they acted without jurisdiction to have entertained the petitions sacking the lawmakers from the PDP over a matter bothering on internal affairs of their party. Couldn’t this issue of lack of jurisdiction as observed by the apex court have been further explored and subjected to the jurisdiction of the same Court of Appeal that delivered the judgement by way of review? Were the legislators wrong to have asked for a review? Let us have some guidance from earlier decisions of the Appellate courts. In Iteogu v. LPDC (2018) LPELR-43845(SC) 18-26, the Applicant had asked the apex court to revisit its decision concerning him which had been decided by the apex court in 2009. This application for revisitation stemmed from the fact that on the 12th July, 2013 and the 13th May, 2014, respectively, the Supreme Court had held in the cases of Aladejobi v. NBA (2013) 15 NWLR (Pt. 1376) 66, and Rotimi Williams Akintokun v. Legal Practitioners’ Disciplinary Committee that it had no jurisdiction to entertain an appeal directly from the LPDC. The Applicant’s posture in his case was that in those cases, the apex court had held that it lacked the jurisdiction to entertain appeals directly from the LPDC. He had therefore urged that there was the need to revisit his own case and declare that the decision or judgment of the apex court delivered in 2009 pertaining to him was given without vires and so set it aside and have his status restored as a legal practitioner. The apex court, per Justice Mary Ukaego Peter-Odili, JSC, while dismissing the application for review, held at pages 18 -26, inter alia, that aside the exception of the “slip rule”, the Supreme Court may only depart from its earlier decision in subsequent cases and thereby overrule itself. She emphasized that this:
“does not however mean that the previous decisions in those earlier cases differently decided would be given a new lease of life on account of this new development. The reason for this is self-evident as Oputa JSC stated in Adegoke Motors Ltd v Adesanya & Anor. (1989) 5 SCN113: (1989) 3 NWLR (Pt. 109) 250 at 274 thus:”We are final not because we are infallible, rather we are infallible because we are final.” …. In other words, the Supreme Court enjoys the finality of its decisions. Except for clerical mistakes, accidental slips, or omissions, it seldom re-visits its decisions by way of review, variation or setting aside. Once the Supreme Court has entered judgment in a case, that decision is final and will remain so forever. The law may in the future be amended to affect future matters on the same subject, but for cases decided, that is the end of the matter.” (Emphasis supplied)
See also Anyagham v. FBN PLC (2021) LPELR – 55905 (CA); Emezie & Ors v. Linus & Anor (2016) LPELR – 40514 (CA); and Onuh & Anor v. Ogbe (2019) LPELR-48361 (CA).

THE PLATEAU LEGISLATORS’ FIASCO

In the light of the above judgment of the Supreme Court, was there no remedy for those legislators who were wrongly sacked by the Court of Appeal? It is important to note that 22 PDP members in both chambers of the Nation’s and Plateau State Legislature were sacked by the Election Tribunals and the Court of Appeal, a development that left tongues wagging and ruckus generated across Nigeria. The legislators affected included two Senators – Simon Mwadkwon and Napoleon Bali; four members of the House of Representatives – Dachung Bagos, Beni Lar, Isaac Kwalu, and Peter Gyendeng Ibrahim; and 16 members of the Plateau State House of Assembly. They were all in PDP. Their constituents overwhelmingly voted for them. But the tribunal, supported by the Court of Appeal, felt otherwise. They took away the legislators’ victories and donated same on a platter of gold to the APC legislators who were roundedly trounced at the polls. The Plateau State people’s votes were rightly counted but the courts refused to make the votes count. This is what I have termed “Judocracy” in my OZEKPEDIA neologism, “as a genre of government practised only in Nigeria, where Presidents, Governors, Legislators and LG Chairmen are thrown up as having ‘won’ in an election. Their victory is immediately challenged. They get enmeshed in these legal calisthenics for the next 2 to 3 years of their corruption-ridden governance. Then, suddenly, they are conceived, incubated and delivered in the hallowed Chambers and precincts of our law courts, rather than through the ballot box. The will of the people is thereby subsumed in the decision and judgement of courts of law, the non-representatives of the people”. (https://www.youtube.com/watch?v=Yg8ByKVWWj)

SHOULD THIS PLATEAU STATE LEGISLATORS’ DEBACLE HAVE BEEN ALLOWED TO THRIVE UNREMEDIED?

Our case laws are decided based on precedents. Precedent is retrospective and ensures that a given posture is maintained even at the risk that harm may be caused by it.

The apex court in the Mutfwang’s case noted (albeit, by way of obiter), that the Court of Appeal was wrong when it sacked those legislators lawfully elected under the platform of the PDP, as it lacked jurisdiction to do so. However, precedent is saying, “Yes, we admit that there was an error. Nothing can be done about it.” I humbly disagree with this perpetuation of injustice under the thin guise of “my hands are tied”, or “that nothing can be done about it”. Surely, something can be done about it. I agree with Emmanuel Agim, JSC, when he noted in his judgement that, “it is high time the legal profession woke up before it became irrelevant”. This admonition is in tandem with the admonition of venerable Justice Chukwudifu Oputa (JSC), in Adegoke Motors Ltd v. Adesanya & Anor (1989) 3 NWLR (Pt. 109) 250 at 274, 275, to the effect that “When therefore it appears to learned counsel that any decision of this court has been given per incuriam, such counsel should have the boldness and courage to ask that such decision be overruled”. I also find solace in the complimentary and immortal words of Lord Denning in PARKER V. PARKER (1954) 2 All ER 22, where he illuminated thus:
“What is the argument on the other side? Only this, that no case has been found in which it has been done before. That argument does not appeal to me in the least. If we never do anything which has not been done before, we shall never get anywhere. The law will stand still while the rest of the world goes on, and that will be bad for both.”

Afterall, law is but a mere handmaid to deliver justice, which is why “ubi jus ibi remedium” (Bello v. AG Oyo State (1986) 5 NWLR 820). Going by this, I humbly submit that when it comes to the critical issue of the court deciding a case in which it lacked jurisdiction in the first instance, then certainly, such a court has jurisdiction to revisit the said judgement and review it under certain laid down conditions. This is not a blanket or open-ended cheque for exhumation of buried cases. No.

A COURT CAN REVIEW ITS JUDGMENT

Thus, by reason of a long line of decided cases by the Supreme Court itself, a court has the constitutional power to enforce, review or set aside its own judgements under special circumstances as provided for by law. This is not tantamount to the court sitting on appeal over its own judgements. In Stanbic IBTC Bank Plc v. L.G. C. Ltd (2020) 2 NWLR (Pt. 1707), pp. 17-18, paras. D-C, the Supreme Court, per Abba Aji, JSC, held that the court has the power and leeway to set aside its own judgement and rehear a case, inter alia, under the following circumstances:
“…where any of the other parties obtained judgement by fraud or deceit…. When judgement was given without jurisdiction…”.

WHY THE PLATEAU STATE LEGISLATORS’ JUDGEMENT OUGHT TO HAVE BEEN REVIEWED BY THE COURT OF APPEAL

Surely, the judgement in the Plateau Legislators’ matter was dubiously obtained as there was no disobedience to any court order at all as rightly found by the Supreme Court in the sister Mutfwang case. All the cases had emanated from the same facts and circumstances. Secondly, both the Election Tribunal and the Court of Appeal lacked the requisite jurisdiction to have entertained the Legislators’ case the way they did in the first instance.

The reason or rationale behind this position in the above Stanbic IBTC case was graphically painted by Oputa, JSC, in Adegoke Motors Ltd v. Adesanya & Anor (1989) 3 NWLR (Pt. 109) 250 at 274, 275, inter alia, thus:
“We are final not because we are infallible, rather we are infallible because we are final. Justices of this court are human beings, capable of erring. It will certainly be shortsighted arrogance not to accept this obvious truth. It is true that this court can do inestimable good through its wise decisions, similarly, the court can do incalculable harm through its mistakes. When therefore it appears to learned counsel that any decision of this court has been given per incuriam, such counsel should have the boldness and courage to ask that such decision be overruled. This court has the power to overrule itself (and had done so in the past) for it gladly accepts that it is far better to admit an error than to persevere in error.” (Emphasis supplied).
Thus, where a judgment of a court was obtained without jurisdiction; or is tainted with illegality; or was obtained by fraud, the court surely has the vires, constitutional power and jurisdiction to revisit such judgement, even if time had since elapsed. This is because time cannot and does not run against illegality or fraud. A party cannot be allowed to benefit, or continue to benefit from the product of its own illegality and void conduct. This position was emphasized by the Supreme Court in Nwosu v. APP & Ors (2020) 16 NWLR (PT 1749) 28, where it held thus, through many of its justices as follows:

Per Eko, JSC: “No person is allowed to benefit from illegality as illegality confers no right”

Per Peter-Odili, JSC: “It is difficult in the light of the damming facts well pushed in this appeal wherein illegality was enthroned to be surveyed into endorsing of such acts and to allow the perpetrator of such profane acts to derive or profit from his own wrong.”

Per Amina Augie, JSC: “The court cannot close its eyes to it (illegality) and allow itself to be used as a tool to perpetuate illegality, in whatever form or guise”

See also the cases of GTB V. Innoson (Nig.) Ltd (2022) LPELR-56657 (SC); Enterprise Bank Ltd v. Aroso & Ors (2015) LPELR – 24720 (SC); Oladosu & Anor v. Olaojoyetan & Anor (2012) LPELR – 8676 (CA) and Eco Bank v. Teak Naturale Investment Ltd & Ors (2017) LPELR – 42389 (CA).

The Court of Appeal which was approached by the grieving PDP Legislators sure had the power and jurisdiction to have calmly looked at and reviewed its judgements which have since been irretrievably punctured by the Nigerian people and the apex court itself (albeit, obiter). It should have meticulously reviewed its earlier judgements, all of which were delivered without following judicial precedents as laid down by the Supreme Court on the very issues dealt with in those appeals. Law is about justice. Being Siamese twins, one without the other is an orphan. The Plateau Legislators’ cases hallmarked a dangerous precedent where neither the law nor justice was followed or attained. The Court of Appeal ought to have seized the opportunity of the fresh application to correct itself. If for nothing else, at least for the sake of posterity, justice, fairplay, equity and good conscience. I so humbly submit.

(Concluded).

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The Oracle

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

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By Mike Ozekhome

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

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

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

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

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

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

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

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

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

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

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

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

CONCLUSION

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

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

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The Oracle

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

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By Mike Ozekhome

INTRODUCTION

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

NIGERIA PANACEA VIDE TRUE FISCAL FEDERALISM (continues)

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

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

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

LESSONS FOR NIGERIA FROM THE ASIAN TIGERS

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

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

WHAT OF EUROPE AND THE U.S.?

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

THE BIG PICTURE

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

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

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

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

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

THOUGHT FOR WEEK

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

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The Oracle

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

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By Mike Ozekhome

INTRODUCTION

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

INSECURITY REIGNS SUPREME (Continues)

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

A PROSTRATE GOVERNMENT

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

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

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

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

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

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

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

NIGERIA PANACEA VIDE TRUE FISCAL FEDERALISM

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

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

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

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

To be continued…

THOUGHT FOR WEEK

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

 

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