The Oracle
The Oracle: Lucky Nosakhare Igbinedion: The Moustached Lucky Politician and Administrator
Published
5 months agoon
By
EricBy Mike Ozekhome
Today, I pay tribute to my brother and good friend, Chief Lucky Nosakhare Igbinedion, the esteemed former Governor of Edo State. His contributions to society have no doubt left an indelible mark on the landscape of governance and community development in Edo State. Lucky celebrated his special day on May 13, 2024, when he turned 57. It is only fit to reflect on the incredible person he has been and the impact he has had on those around him and others who came across his wonderful personality.
Surely Lucky’s name is a testament to the fortune and blessings he brings into the lives of others. Lucky has indeed been lucky. His presence radiates positivity and his unwavering optimism is a beacon of light for everyone who knows him. His kindness and philanthropy know no bounds. His generosity to the less privileged is as deep as a valley. Whether it is lending a helping hand, offering a listening ear, or simply sharing his accustomed legendary warm smile, he consistently demonstrates genuine care and compassion for others in a manner that is truly amazing, inspiring and energising.
Lucky’s journey in the service to the people of Edo State is not merely a chapter in history, but a testament to the transformative power of leadership fueled by sheer integrity and compassion which he exhibited. Born on the 13th day of May, 1957, into the influential Igbinedion dynasty which is renowned for its uncommon commitment to service to humanity, Lucky Igbinedion embraced this legacy early in life with fervour and eclat, embarking on a path guided by a profound sense of duty and responsibility. Though he was born into a wealthy home, Lucky, unlike his peers, created a niche for himself early in life. Surely, a fruit does not fall far away from the mother tree. Upon graduating in marketing from the University of Wyoming, USA (1982), with a bachelors degree in Business, Lucky knew he needed more training to effectively compete in the unorthodox Nigerian political setting. He proceeded to Jackson State University in Mississippi, USA, where he earned a Master of Business Administration (MBA) before returning to Nigeria in 1984, to manage Okada Air, his father’s pet first Nigerian privately owned airline project.
Not satisfied with this, he ventured into politics, when he was appointed Mayor (Chairman) of the Oredo Municipality between 1987 and 1989. His outstanding performance not only led to his being voted the Best Mayor in Nigeria for his developmental efforts, his sterling performance resonated with Edo people. Though his first shot at Governorship under the National Republican Convention (NRC), was unsuccessful against Chief John Odigie-Oyegun who won on the platform of the Social Democratic Party (SDP), Lucky bounced back and won the Governorship under the Peoples Democratic Party (PDP) in 1999.
As the Governor of Edo State (29th May, 1999 – 29th May, 2007), Lucky demonstrated a rare blend of visionary thinking and pragmatic action, steering Edo State towards a future of prosperity and progress. His administration was characterized by bold initiatives aimed at uplifting the lives of the citizens, fostering economic growth, and promoting social harmony. He it was who established the Edo State Polytechnic at Usen and became the Chairman of the Governors Forum. His lovely wife, Eki Igbinedion, was very active in her pet project which was aimed at wiping out widespread sex trafficking of Edo State women to Europe. She did this through her NGO, Idia Renaissance. In one of the Vanguard newspaper reports in 2016, titled “Edo 2016: Igbinedion and the non-performance fables”, it was stated that human capital development was one of the greatest achievements of Igbinedion’s administration and that Igbinedion provided an enabling environment for a new crop of younger politicians who later formed over 80% of Governor Oshiomhole’s cabinet and leaders of his party. “Some of them include the APC state chairman, Anselm Ojezua and several civil commissioners as well as APC state Secretary, Osaro Idah and several others. Therefore, Chief Igbinedion is the superstructure on which Oshiomhole’s ambition and administration relied on …” the report added.
Under Lucky’s leadership, Edo State witnessed unprecedented infrastructural development, with key sectors such as education, healthcare and transportation receiving much-needed attention and investment. Through strategic policies and partnerships, Lucky Igbinedion laid the groundwork for sustainable development, laying the foundation for generations to come. In 2023, the Edo State Governor, Godwin Obaseki, in recognition of the leadership qualities of Chief Lucky Igbinedion, invited Chief Igbinedion to chair a committee saddled with the responsibility of reconciling aggrieved members of the PDP in Edo State, a responsibility he executed perfectly.
Chief Lucky Nosakhare Igbinedion no doubt faced numerous challenges during his tenure. However, he navigated them with resilience and determination. He implemented various developmental projects, fostered partnerships, and engaged with stakeholders to address pressing issues such as infrastructure, education, and healthcare. Through strategic decision-making and effective governance, he surmounted these challenges, leaving a positive impact on the state’s progress and development.
Beyond the realm of governance, Lucky Igbinedion’s impact in the business world, especially in the fields of hospitality, construction and realty resonates deeply with the people he served. His unwavering commitment to inclusivity and empathy have endeared him to communities across Edo State, and beyond, building bridges of understanding and partnership and fostering a sense of unity and solidarity that transcend local boundaries. Though he has left public office, his convictions and yearnings for Nigeria have never changed. Sometime in January, 2024, he urged President Bola Ahmed Tinubu to provide much needed infrastructure, especially roads, electricity and water, for private businesses to thrive. He submitted further that with these, “people can start creating their employment capabilities, not only for themselves but also employing others, I think that is what the federal government needs to encourage by making sure that the environment is conducive for business.”
Nosakhare has remained quiet in the murky political streams, choosing instead to play the noble role of an Elderstatesman. Not for him, the looming image of obnoxious godfatherism.
Generously endowed with a massive frame, Lucky Igbinedion’s intimidating presence is accentuated by his well tended riotous moustache, which has become his signature and trademark. Over shared moments of joy, I would always tease him with cultivating his moustache with $5,000 per month. When I spoke to him last week, he laughed raucously with a guffaw, and replied, “Akpakpa Vighi Vighi, you are behind times. Due to change in market forces, I now manicure and pedicure my moustache with $7,500 monthly”. Such is the luminous personage of Lucky, a simple and humble man that possesses a large dose of humour and wise cracks.
This is wishing Chief Lucky Igbinedion happy birthday. His legacy shines as a beacon of hope and inspiration, guiding us towards a tomorrow filled with promise and boundless possibilities. His achievements stand as a testament to his hard work and dedication. Whether it is in his professional endeavors, his personal business pursuits, or his contributions to his community, Lucky has always approached every enterprise with an uncommon commitment to excellence. His resilience in the face of challenges is truly admirable, serving as a source of motivation for all who witness his perseverance.
PROF MIKE OZEKHOME SAN, CON, OFR, FCIArb, LL.M, Ph.D, LL.D, D.Litt, D.SC, DA, DHL
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The Oracle
The Oracle: How Nigeria is Bleeding from Oil Theft (Pt. 2)
Published
18 hours agoon
October 12, 2024By
EricBy Prof Mike Ozekhome SAN
INTRODUCTION
We commenced this series last week with a detailed introduction of the subject matter, later we took a look at the history of oil exploration in Nigeria, where oil theft is carried out in Nigeria and those involved in oil theft in Nigeria. Today, we shall continue to x-ray the involvement of the military and other security forces, resident oil companies and the local populace. We shall also try to find out why and how oil theft is being carried out and later the cost of oil theft in Nigeria. Please read on.
MILITARY AND OTHER SECURITY FORCES (CONTINUES)
MILITANT ORGANIZATIONS
According to former Nigerian president Olusegun Obasanjo, militant organizations have often been used by “political godfathers” in the oil sector regions to cause disturbances in regional stability. These ales the whole process to enjoy less supervision by the government. This is disturbing, and considering the poverty rate of citizens according to the World Bank Index, joining any of these groups would mean a breakthrough and great deal as the reward is juicy. These groups primarily serve as armed escorts for the property of the political elite or function as the sabotage mechanism that is necessary for cold-tapping operations.
Due to the large success of the Niger Delta militant operations, Nigeria’s annual output of crude oil decreased from its potential capacity of 2.2 million barrels per day to 1.4. As a consequence of the high influx of oil pipeline sabotage in the Niger Delta, oil spills “devastated mangroves, contaminated soil and groundwater, destroyed the fish habitat, and posed a serious threat to public health.” Buhari failed in his fight against corruption, it was a selective fight.
RESIDENT OIL COMPANIES
Resident oil companies have also been fully involved in oil theft. The means of oil theft – hot and cold tapping – being very complex and dangerous, demands expert knowledge to implement same successfully. Resident oil authorities from multinational oil corporation stationed in oil sectors regions of Nigeria play key roles in facilitating this theft. In addition to providing technical expertise and managing oil withdrawal operations, oil experts offer inside knowledge on the schedule of corporate inspection operations on the pipelines. This is critical for ensuring that illegal secondary pipelines stay intact and that the location of fueling operations are not revealed to Nigerian security forces and multinational corporate authorities.
THE LOCAL POPULACE
It is pitiable and regrettable that the local populace that surrounds the variety of oil pipelines throughout Nigeria often facilitates the local creation and sale of illegally refined oil products as means of alleviating their impoverished condition. Same unscrupulous citizens make use of small-scale oil tapping to collect crude products. Their methods of extraction have contributed largely to pollution in Nigeria. This is due to their lack of technical expertise. In addition to oil pipeline leakages from small-scale tapping, the JTF’s anti-refinery and illegal oil market operations have led to uncontrolled destruction of illegal crude oil reserves. Due to the simple construction of bush refineries and their placement in isolated locations, all efforts by the JTF to mitigate the illegal refinement of oil products have largely been futile. In September 2018, the unemployment rate in Nigeria had reached 23%.
Consequently, in tandem with the high unemployment rate, the pollution of waterways and the contamination of local fish populations forced many young Nigerians to partake in oil theft and illegal refinery activities.
WHY DO THEY STEAL NIGERIA BLIND?
The why of oil theft is so elementary that it can be excused for – why do people steal? The answer is obvious. Theft generally may be as a result of lust, greed, avarice, wickedness, etc. People engage in stealing for diverse reasons. It may even be retaliation or set up. But as regards oil theft, a theft that involves so much expenses to embark on, a theft that involves the conglomeration of human and mechanical know-how, why would a wealthy man invest in oil theft? The reasons may not be farfetched. It may be for increase of wealth; control of economic power; societal recognition; etc. But have you ever thought that, it may be for “political power”? Some of the moguls involve in oil theft do that for political power and protection; and to get international illegal gains. Religious and ethnic sentiments may also be a reason for oil theft; but this is a different and more advanced rationale.
HOW IS THE OIL THEFT CARRIED OUT?
There are different means and methods of oil theft. There are both simple and sophisticated means, but for purposes of this discourse, we shall consider hot tapping, cold tapping and terminal and transportation theft.
Hot-tapping and cold-tapping are extremely sophisticated methods of oil theft and are primarily used in large-scale operations during the crude oil stage. Terminal and vehicle transportation theft involves the re-appropriation of both crude and refined oil products from storage facilities during the process of export transportation.
According to Mr. Mele Kyari, the Group Managing Director (GMD) of NNPCL, the illegal pipeline taps are so sophisticated now that in some cases, they run for 3-4 kilometers and would have involved cranes, and at least 40 workers to build. In fact, to your dismay, an illegal line alone which measures less than 200km, had not less than 295 illegal connections. He also revealed that the rate of theft forced the shutdown of two production fields.
Let’s proceed with the discourse.
HOT – TAPPING
Hot – tapping involved the attachment of an illegal secondary pipeline belonging to oil theft criminals to a high-pressure primary pipeline belonging to a multinational corporation. Thereafter, oil is diverted from the pipeline into to mobile oil bunkering facilities that are attached to the secondary pipeline. This process is normally difficult to discover because, the gradual withdrawal of small amounts of the oil normalizes the high-pressure from the primary pipeline. The process although gradual, is capable of withdrawing oil to fill thousands of metric tons in few hours. The process is very complex and dangerous, and has led to many disastrous events.
COLD TAPPING
Here, a portion of a pipeline is blown up, then a secondary pipeline is attached to the shut-down primary pipeline. It is also difficult to discover this kind of tapping, because, after the primary pipeline is repaired, the flow and pressure still remains same. This process is less dangerous.
TERMINAL AND VEHICULAR TRANSPORTION THEFT
Oil theft is common in the production states. However, it is easier and more rampant at port terminals. Transportation of crude oil at terminals awaiting shipments to international locations are met with serious diversion. During this process, siphoning is facilitated by the corporation of administrators and security agencies. There are reserved into criminal fuel trucks, and then, the trucks are used to transport illegal oil products for sales in neighboring African countries where prices are higher with or without subsidy. The lack of oil meters at the source of production and physical presence only at export facilities by oil corporations, is a lacuna, and thus disrupts the oversights in managing and accounting for the initial value of oil produce an – initio.
THE HUGE COST OF OIL THEFT IN NIGERIA
In the third quarter of 2022, operators of the Trans Niger pipeline and the Forcados export terminal closed their facilities for repairs. The closures triggered a sharp drop in Nigeria’s crude oil output from 1.1 million barrels per day (b/d) in the second quarter to below 1 million b/d in the third quarter. Nigeria’s production recovered by the beginning of 2023; but an oil workers’ strike disrupted production again in April, 2023. Crude oil production in Nigeria fell to slightly more than 1 million b/d in April of this year, dropping below Angola’s production, which was estimated at 1.1 million b/d that month.
Nigeria lost about 13.21 million barrels of crude oil with an estimated worth of N603.64bn between January and August this year, an analysis of the monthly reports of the country’s crude oil and condensate production showed.
Against the 1.69 million barrels per day oil production benchmark in the 2023 budget, Nigeria recorded an output deficit of about 23.7 million barrels of crude oil production in January and February 2023, valued at about N920 billion at the official exchange rate of N460/$; and about # 1.840 Trillion at the black market rate.
According to an analysis of the data from the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) in August, Nigeria’s total oil production shortfall hit 94.5 million barrels in the first half of 2023. When converted to money, the output slump would be an estimated gross revenue loss of $7.1 billion at an average oil price of $75 per barrel during the period between January to June this year.
Nigeria is at the moment, desperately in need of foreign exchange as currently reflected in the weakening value of the naira to the dollar and inability of foreign investors, especially airlines to repatriate funds to their countries of origin.
Few weeks ago, OPEC slashed Nigeria’s production baseline to 1.38 million barrels per day for 2024, due to the prolonged inability of the country to consistently meet its quota for the commodity. And, Nigeria gets over 90 per cent of its foreign exchange earnings from the export of the commodity.
To be continued…
THOUGHT FOR THE WEEK
“A century ago, petroleum – what we call oil – was just an obscure commodity; today it is almost as vital to human existence as water”. (James Buchan).
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The Oracle
The Oracle: How Nigeria is Bleeding from Oil Theft (Pt. 1)
Published
1 week agoon
October 4, 2024By
EricProf Mike Ozekhome SAN
INTRODUCTION
Nigeria is naturally blessed and endowed amongst the comity of nations, this is notwithstanding her chequered colonial history, and the fight for nationalism. As the largest black race in Africa, often referred to as – “the big brother”, she is blessed beyond measures, but regrettably – beyond resource control. The presence of crude oil in the Nigerian soil has made it topical issues de – die – in – diem. The clamour for equitable and fair benefits of same, led to economic and security disruption by some indigenous groups in the Niger Delta region. The region has been the centre of environment encroachment and degradation, inhumane living conditions and zero attention by the government and multi-national companies on concessions. Life in this region is – brutish, nasty, solitary and wicked. Life is almost unbearable by the residents. The lack of democracy, the dividends and concern by government, couple with greedy influential elites, led to rapid and religious oil theft, bunkering and vandalization of oil pipelines in the region. This vista discusses oil theft in Nigeria, where it takes place, how it takes place, who commits this theft, why the theft, and the attendant cost of same to the economic future of the nation.
Nigeria, the giant of Africa, is the second largest oil and gas producer in Africa. Crude oil is majorly produced from the Niger Delta basin in two types: light, and comparatively heavy. The lighter has around 36 gravities while the heavier has 20–25 gravities. Both types are paraffinic and low in Sulphur. Throughout successive years, incomes and revenues generated from the oil and gas sector have accounted largely for supporting the economy and budget of the nation. The income and revenues also account for high level of the entire Gross Domestic Product (GDP). Nigeria is a major exporter of crude oil and petroleum resources to the United States of America. In 2010, Nigeria exported over one million barrels per day to the US, representing 9% of the U.S total crude oil and petroleum products.
HISTORY OF OIL EXPLORATION
Oil exploration originally dates back to 1903, when the Nigerian Bitumen Corporation carried out exploration in the Niger Delta territory. However, the firm’s operations were stopped due World War 1. Later, licences were granted to D’Arcy Exploration Company and Whitehall Petroleum, but same were returned by 1923 due to lack of discovery of oil in commercial quantity. There was an association of Shell D’Arcy Petroleum Development Company of Nigeria, a consortium of Shel and BP – which commenced work 1937. Oil drilling commenced during 1951 in Owerri, and non – commercial quantity was discovered in Akata, near Eket in 1953.
In a bid to discover oil in commercial quantity, the Oloibiri oilfield was discovered in May, 1956. The Oloibiri Oilfield is an onshore oilfield located in Oloibiri in Ogbia LGA of Bayelsa State, Nigeria. It is located about 45 miles (72 km) east of Port Harcourt in the Niger Delta. The field is about 13.75 square kilometres (5.31 sq mi) and lies in a swamp within OML 29.
The field was originally operated by Shell D’Arcy, which changed its name to Shell-BP Petroleum Development Company of Nigeria Limited on 30th April, 1956. Currently, the field is operated by Shell Petroleum Development Company of Nigeria Limited (SPDC). Other wells discovered are the Afam and Bomu wells in Ogoni territory.
Towards the end of the 1950s, non-British firms were granted licence to explore for oil: Mobil in 1955, Tenneco in 1960, Gulf Oil, (later Chevron in 1961); Agip in 1962; and Elf in 1962. Prior to the discovery of oil, Nigeria (like many other African countries) strongly relied on agricultural exports to supply its economy. The first oil field at Oloibiri began production in 1958.
Now, it would have been naturally expected that, with these resources, Nigerian citizens would cry no more, and worry no more; but the reverse is the case. Government takes almost all the benefits; the citizens are left with nothing; while rich elites illegally smuggle oil out the country.
Having blazed the history, albeit briefly, we shall now embark on the kernel of this discourse, using the guide from the W3HC.
WHERE IS OIL THEFT CARRIED OUT?
Oil theft is actualized at different points of operations, ranging from the creeks, refineries, roads, waters, etc. It majorly takes place in states where oil is being produced. On July 27, 2023, Tribuneonline.ng.com reported that the Nigerian National Petroleum Company Limited (NNPCL) has disclosed that Nigeria recorded a total of 240 crude oil theft incidents in one week. It said between the 15th and 21st of July, 2023, the incidents were recorded at various parts of the Niger Delta. In a breakdown, it said out of the total incidents, 69 illegal refineries were discovered and destroyed in Uppata and Abua communities in Rivers State, alone.
Also, it said, 27 cases of pipeline vandalism cases were also recorded and repaired, while 30 wooden boats used to convey stolen crude were confiscated in the past week. Interestingly, 13 automatic identification system infractions were flagged using NNPC’s maritime intelligence system and has been escalated to the Navy through NNPCL’S Incidence Management and Reporting Application; while two illegal vessels were arrested and five cases of oil spills were recorded. Note that 13 of these incidences were recorded in the deep blue water; 41 of these incidences were recorded in the Western Region of the Niger- Delta. 169 recorded in the Central Region; while 17 took place in the Eastern part of the-Niger Delta oil-producing region.
Meanwhile, the NNPCL had earlier in July announced that a private security contractor it engaged (Tantila Ltd) intercepted an 800,000-liter capacity vessel with stolen crude oil. The Vessel, MT TURA II (IMO number: 6620462), owned by a Nigerian Registered Company, HOLAB MARITIME SERVICES LIMITED with Registration Number RC813311, was said to be heading to Cameroun with the Cargo when it was apprehended. It said preliminary investigations revealed that the crude oil cargo onboard was illegally sourced from a well jacket offshore in Ondo State, Nigeria.
In Delta State, thieves have built their own 4k.m- (2.5 mile) long pipeline through heavily guarded creeks to the Atlantic Ocean. There, barges and vessels are blatantly and professionally loaded with the stolen oil from a 24-foot rig visible from miles on the open waters.
How do we continue like this?
WHODUNIT?
To succeed in any oil theft, collaboration and firm synergy by species of participants and implementation of their various functions is sacrosanct. The process is situational and complex in nature, depending on the level of the oil theft in question. In large-scale and illegal oil bunkering, corrupt officials in the oil sector allow successful operations of theft. The most appalling fact is that our security agents serve as escort in transporting the stolen crude products. Also, most local citizens in the Niger Delta who are participants in the oil theft trade assist in the illegal refinery of stolen crude oil products and sell them at black markets in local villages.
Speaking during the ministerial briefing by the Presidential Communications team at the State House, Abuja in August, 2022, Melee Kyari fingered “high placed” Nigerians, including the religious/ community leaders and Government officials, as being fully involved in the theft. No names were mentioned. He also disclosed that stolen products were warehoused in churches and mosques with the knowledge of all members of the society, where the incidents occurred, including the clerics.
Prominent Niger Delta leader and former agitator, Mujahid Asari Dokubo, in Abuja, alleged that the bulk cases of oil theft recorded in the oil-rich region are traceable to the Nigerian Army and Navy.
“The military is at the centre of oil theft and we have to make this very clear to the Nigerian public that 99 per cent of oil theft can be traced to the Nigerian military, the Army and the Navy especially,” Dokubo told State House correspondents after he met Bola Tinubu behind closed doors at the Aso Rock Villa, Abuja. He continued thus: “We’re going to walk with an NPPCL and the IOCs to make sure that oil tapped is brought to zero.”, “The blackmail of the Nigerian state by the Nigerian military is shameful. They said they do not have enough armament and people listen to these false narratives. So this blackmail must end. They have enough resources to fight.”
This is appalling, to say the least. Therefore, we shall examine the following as major accomplices in oil theft (bunkering):
MILITARY AND OTHER SECURITY FORCES
Upon the wake of large-scale production if oil, the presidency of Ibrahim Babangida from 1986 to 1993 and his appointment of officials to supervise the oil producing sectors, the Nigerian military has maintained extensive control over the crude oil trade. The military personnel and Joint-Task Force members that are involved in the illegal oil trade primarily serve as armed escorts for the stolen petroleum products during large-scale operations and gather the intelligence that is necessary for avoiding government probes in the region. Involved in this unholy trade are principally the Navy, supported by the Army, Airforce, Police, Customs, NDLEA, Civil Defence, Militants, Political Elites and Government Officials; Oil Companies; communities; local chiefs and sundry religious leaders.
The Nigerian Navy being charged with security on water, frequently and actively seize vessels containing stolen petroleum products from one destination to another. Regrettably, and Pitiably for this nation, accusations are being made against this security forces for oil theft facilitation. The disappearance of captured vessels and re-appropriated sets of seized products to foreign markets is a nagging problem. Also, security agents also pursue oil bunkering allegations against colleagues as means of absorbing sectors of the oil trade and strengthening individual positions in the regions. The albatross of these is that even these top officials are not being investigated and prosecuted, as they enjoy political immunity from the underdogs. The Buhari administration that promised to fight corruption, failed celebratedly. We are in a mess.
THOUGHT FOR THE WEEK
“A century ago, petroleum – what we call oil – was just an obscure commodity; today it is almost as vital to human existence as water”. (James Buchan).
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The Oracle
The Oracle: Integrity and Human Rights Protection in Nigeria (Pt. 2)
Published
2 weeks agoon
September 28, 2024By
EricBy Prof Mike Ozekhome SAN
INTRODUCTION
In our first instalment in this treatise, we x-rayed the meaning and concept of integrity and human rights after which we looked at the historical sources of human rights. Today, we shall continue and conclude the historical sources of human rights in Nigeria and other countries. We shall later take a critical look at integrity and protection of human rights, the copenhagen document and then conclusion.
HISTORICAL SOURCES OF HUMAN RIGHTS (Continues)
The UDHR has served as a template for subsequent human rights instruments and has had a positive impact on the legal, political, and cultural evolutions of nations and remains the mirror by which every individual and every organ of society” reflects on human rights.
Since the adoption and promulgation of the UDHR 1948, the United Nations has not wavered in its commitment to the promotion and protection of human rights. This explains the subsequent numerous resolutions, declarations and conventions which have been passed in the area of human rights. So important the issue of human rights that virtually all Constitutions, the world over, make provisions for human rights either in the preamble or in the substantive provisions.
AFRICA
In Africa for instance, except for Tanzania, where reference to human right’? is to be found in the preamble to the Constitution, and Malawi where human rights provisions embodied in substantive provisions of independence Constitution were replaced by the generalised references to human rights in the “Fundamental Principles of Government” section on the adoption of the Republican Constitution of 1966, most African constitutions include In their substantive sections provisions for human rights.
NIGERIA
In Nigerian Constitutions, beginning from the post-independence Constitution, due attention has always been given to the issue of human rights. In the 1960 independence Constitution 1963 Republican Constitutions 1979 Constitution. provisions were made for human rights protection. Further, in the 1999 Constitution (as amended), two Chapters spanning 26 (twenty six) sections are devoted to human rights subject. The need for constitutional provisions for human rights cannot be over-emphasised because, it is the state, with its vinous institutions which is primarily responsible for guaranteeing the implementation and enforcement of these rights in respect of its citizens and all those coming under its jurisdiction.
INTEGRITY AND PROTECTION OF HUMAN RIGHTS
To protect human rights is to ensure that people receive some degree of decent, humane treatment. Responsibility to protect human rights resides first and foremost with the states themselves. However, in many cases, public authorities and government officials institute policies that violate basic human rights. Such abuses of power by political leaders and state authorities have devastating effects. What can be done to safeguard human rights when those in power are responsible for human rights violations?
This is where the importance of integrity cannot be over-emphasised. John Rawls identified the virtues of integrity as “truthfulness and sincerity, lucidity and commitment. Therefore, a democratic government has an obligation arising from its democratic nature to practice authenticity towards citizens, those to whom it is responsible Government, to carry out the protection of human rights in truthfulness and sincerity, lucidity and outmost commitment, since integrity ranks among a democratic government’s primary virtues. Sincere and effective protection of human rights therefore, depends on the compliance of a state and its government, with its human rights obligations.
Establishing a constitutional model in which all human rights are effectively protected is not an easy task. It requires elaborate legislation, effective control over state institutions such as the law enforcement agencies and continuous efforts on the part of numerous other state organs.
The struggle of many countries in Eastern Europe and Africa, which changed from absolutist rule to democracy, to comply with the requirements of democracy and protection of human rights – especially regarding questions of multiparty democracy and effective remedies before national courts – demonstrates the enormous efforts and time that may be needed to ensure effective domestic compliance.
THE COPENHAGEN DOCUMENT
For instance, the 1990 Copenhagen document of the CSCE spells out in detail what internal compliance and integrity in human rights protection may require, inter alia:
• Free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives.
• A form of government that is representative in character, in which the executive is accountable to the elected legislature or the electorate.
For instance, in the case of I.G.P. v. A.N.P.P (2007) 18 NWLR (Pt. 1066) 457 at 496, paras. C – E (CA)” it was held, that: “The rights to freedom of assembly and freedom of expression are the bone of any democratic form of government. Besides their embodiment in the supreme law of the land, the 1999 Constitution, and the African Charter on Human and People’s Rights adopted as Ratification and Enforcement Act Cap. 10, Laws of the Federation of Nigeria, 1990, a plethora of decisions of Nigerian courts have endorsed same. A government which owe its tenure of office to the pleasure of the electorate will always take the issue of protection of human right seriously. Knowing very well that failure to do so will spell its political doom unlike an autocratic or other authoritarian forms of government where the government places itself above the people, rights are bound to be violated ‘with reckless abandon.
• The duty of the government and public authorities to comply with the Constitution and to act in a manner consistent with law;
• The activity of the government and the administration as well as that of the judiciary will be exercised in accordance with the system established by law; respect for that system must be ensured;
• Human rights and fundamental freedoms will be guaranteed by law and in accordance with their obligations under international law; All persons are equal before the law and are entitled without any discrimination to the equal protection of the law; the law will prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground;
• Everyone will have an effective means of redress against administrative decisions, so as to guarantee respect for fundamental rights and ensure legal integrity;
• Administrative decisions against a person must be fully justifiable and must as a rule indicate the usual remedies available; and
• The independence of judges and the impartial operation of the public judicial service will be ensured. Principles of fair trial are guaranteed and access to justice, to effective remedies, is secured.
Furthermore, to comply with human rights obligations, a state must establish foundations for the rule in accordance with the Constitution will simply display integrity by respecting human rights as enshrined in the Constitution.
• An executive branch that does not abuse discretionary power and seeks to promote the enjoyment of human rights by all under its jurisdiction.
This is in line with the doctrine of Separation of powers as espoused Philosophers and Jurists such as Aristotle, Saint Augustine, John Calvin, Hans Kelsen., John Locke, A.V. Dicey, and of which the fore-most proponent is the French Jurist, Baron de Montesquieu. Montesquieu, argued in the Spirit of Law. that the division between the executive (the legislative institution, which represents the will of the people, and is chosen by free elections held at reasonable intervals under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives. The legislative body should legislate in compliance with international human rights commitments.
A judiciary that protects the human rights of individuals and groups against arbitrary legislative power and guarantees effective remedies and fair trial.
The Spirit of the Laws (De l’esprit des lois, also sometimes called The Spirit of Laws) is a treatise on political theory first published anonymously by Charles de Secondat, Baron de Montesquieu in 1748 with the help of Claudine Guerin de Tencin. Originally published anonymously partly because Montesquieu’s works were subject to censorship, its influence outside of France was aided by its rapid translation into other languages. In 1750 Thomas Nugent published the first English translation. In 1751 the Catholic Church added L’esprit des lois to its Index
Librorum Prohibitorum (“List of Prohibited Books”). Yet Montesquieu’s political treatise had an enormous influence on the work of many others, most notably: Catherine the Great, who produced Nakaz (Instruction); the Founding Fathers of the United States Constitution; and Alexis de Tocqueville, who applied Montesquieu’s methods to a study of American society, in Democracy in America. Macaulay offers us a hint of Montesquieu’s importance when he writes in his 1827 essay entitled “Machiavelli” that “Montesquieu enjoys, perhaps, a wider celebrity ‘than any political writer of modern Europe.” Montesquieu spent nearly twenty years researching and writing L’esprit des lois (The Spirit of the Laws), covering many things like the monarch) and the legislature (parliament), which itself was divided between the House of Lords (the aristocracy) and the House of Commons (the people) should, in theory, helps to secure the integrity of the institutions, prevent a concentration of power and promote liberty because the making and enforcing of laws are separated and inexpedient laws or dangerous actions are prevented.
Montesquieu had his greatest influence on the founding fathers of the US, and in particular on James Madison. Madison famously noted that the accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. Where tyranny reigns, human rights take back stage.
CONCLUSION
In conclusion, I submit, most respectfully, that in the protection of human rights by any form of government, integrity is a sine qua non. Leaders must imbibe the tenets of integrity in the application of the Constitution, laws and rules. A Leader must understand and appreciate the fact that every human being reserves a great level of autonomy which should not be tampered with in furtherance of selfish aggradisement. Where leaders of a law, social life, and the study of anthropology and providing more than 3,000 commendations.
In this political treatise Montesquieu pleaded in favor of a constitutional system of government and the separation of powers, the ending of slavery, the preservation of civil liberties and the law, and the idea that political institutions ought to reflect the social and geographical aspects of each community.
Thought for the week
“One of the truest tests of integrity is its blunt refusal to be compromised”. (Chinua Achebe).
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