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Complaints That The Public Complaints Commission Can Handle

Daily Law Tips (Tip 686) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:
In Nigeria, there is a federal agency empowered to control administrative excesses (non- adherence to procedures or abuse of law). It is a created by the Federal Government of Nigeria, to receive and treat complaints of administrative injustice from any person in Nigeria. The agency is the Public Complaints Commission (PCC), it is Nigeria’s Ombudsman. This work will expose the very restricted powers of the Public Complaints Commission (PCC) and the types of complaints that the PCC can handle.

Relevant Powers of the Public Complaints Commission:
The Public Complaints Commission (PCC) has powers to investigate any matter, where there is injustice against any person by any government office, ministry, department, agency or corporation. This includes, where an administrative decision is (i) contrary to any law or regulation; (ii) mistaken in law or arbitrary in the ascertainment of fact; (iii) unreasonable, unfair, oppressive or inconsistent with the general functions of administrative organs; (iv) improper in motivation or based on irrelevant considerations; (v) unclear or inadequately explained; or (vi) otherwise objectionable.

Complaints That Can Be Handled By the Public Complaints Commission:
Generally, the Public Complaints Commission can handle complaints against injustice, involving any government office or non-government office (private company or public company).

According to information on the website of the PCC, below is a list of types of companies that the PCC can handle. It is important to note that, the PCC will reject and refuse to handle any complaint that is outside its powers. In some cases, the PCC may transfer rejected complaints to the appropriate relevant agencies, with the needed power to handle rejected complaints.

1. Delay in payment of gratuity, land compensation e.t.c.
2. Non-payment of goods bought or service rendered to government department and corporate bodies.
3. Wrongful termination of appointment or dismissal
4. Difficulty in getting insurance companies to pay claims.
5. Loss of postal documents or parcel by courier companies
6. Non-issuance of appointment letter or non-adherence to the Labour Act by private companies
7. Non-refund of contributions by the National Housing Fund, and other mortgage institutions.
8. Unjust and indefinite suspension and interdiction.
9. Non- issuance of share certificate/dividend warrant or outright cheating by financial institution.
10. Non-issuance of result/certificate/ill-treatment by examination bodies, schools and higher institutions.

Restrictions to the Powers of the Public Complaints Commission:
However, there are numerous statutory restrictions (limitations) to the powers of the Public Complaints Commission (PCC), that made the PCC seem like a toothless lion. The federal law that set up the PCC to investigate administrative injustice, at the same time, limits the PCC from investigating administrative injustice that happens or that may concern; the Nigeria Police Force, the Armed Forces Act or the Police Act.

Also, the PCC is at liberty not to entertain any matter where the PCC believes that all available legal or administrative procedures have not been used/exhausted by a complainant. This suggests that the PCC is to work on administrative injustice after even the courts have given judgments (ie, legal procedures have been exhausted), this is practically impossible. Where there is a court judgment (even from the lowest courts, like Magistrate Courts), no administrative panel or government commission, including the PCC, can attempt to revisit the case. This obviously creates confusion on the relevance of the PCC and greatly calls for a legislative amendment of the Public Complaints Commission Act.

Recommendation and Conclusion:
The Public Complaints Commission (PCC) is a creation of a federal law made since October 1975, without obvious need for legislative amendments. There is need to remove the restrictions on the power of the PCC, to inquire and investigate complaints that concern the Nigeria Police Force, the Armed Forces Act or the Police Act, especially where it involves a non-member of the forces. The PCC has a duty to create enlightenment and this is greatly needed across Nigeria. Most Nigerians know little or nothing about the PCC and the PCC must change this narrative.

My authorities, are:
1. Sections 1, 2, 5, 6, 7, 11 and 12 of the Public Complaints Commission, 1975.
2. About Us, Public Complaints Commission (PCC) < https://pcc.gov.ng > accessed 29 October 2020.
3. Onyekachi Umah, ‘How To Sue the Nigeria Police Force and Police Officers’ (LearnNigerianLaws.com, 16 October 2020) < https://learnnigerianlaws.com/endpolicebrutality-how-to-sue-the-nigeria-police-force-and-police-officers/ > accessed 29 October 2020.

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#EndSARS: Police Release 11 Year-Old Boy Alleged To Have Been Involved In Attacking Police Station

Police in Edo State on Friday released an 11-year-old boy, Gift Osayuhi, who was arrested last week over his alleged involvement in the attack on a police station in the state.

Gift was arrested for allegedly joining the gang of hoodlums that attacked the Oba Market police station at Evbuotubu area of Benin City.

After the attack, the boy reportedly worn the uniform of a police sergeant and declared himself the Inspector-General of Police.

A human rights advocate, Kola Edokpayi, confirmed the teenager’s release from police custody on his social media platform on Friday night.

He thanked the Edo State Commissioner of Police, Johnson Kokumo, and the state’s Ministry of Justice for their understanding and cooperation.

He said the boy’s dream is to become the country’s IGP.

Edokpayi wrote: “We have been able to secure the unconditional release of the 11- year- old boy by name Gift Osayuhi whose picture went viral on social media yesterday (Thursday) for allegedly joining some miscreants to break into Oba Market Police station, took their police uniform, wore it and declared himself as the new IG of Police during the #ENDSARS protest.

“The boy was released to us after we undertook to rehabilitate and reform him.

“The young boy said his dream is to become the IG of Police and we also undertook to ensure the boy is giving a proper education so as to help him achieve his dream. We sincerely thank the Edo State Commissioner of Police and Edo State Ministry of Justice for the kind understanding and cooperation.

“We also met with his mother who told us that she is a widow who takes care of the children alone and the little boy usually assist her to sell water and drinks in Ring Road.”

Is The Money Laundering Act Valid?

By Abubakar D. Sani, Esq.

Introduction

The Money Laundering (Prohibition) Act, 2011 (MLA) is the pre-eminent legislation for combating money laundering in Nigeria. Apart from this statute (as amended in 2012) however, at least a couple of subsidiary legislations are also applicable. These are the Federal Ministry of Industry, Trade and Investment (Designation of Non-Financial Institutions and other Related Matters) Regulations of 2013 and 2016, respectively.

But, first, what is Money laundering? According to Wikipedia, “It is the conversion or transfer of property; the concealment or disguising of the nature of the proceeds; the acquisition, possession or use of property, knowing that these are derived from criminal activity; or participating in or assisting the movement of funds to make the proceeds appear legitimate. Money obtained from certain crimes, such as drug trafficking is “dirty” and needs to be “cleaned” to appear to have been derived from legal activities, so that banks and other financial institutions will deal with it without suspicion”.

Constitutional Over-view

Nigeria’s federal structure means that our Constitution has divided law-making powers between the National Assembly and State Houses of Assembly, in Section 4(2)-(3) & 4(6)-(7)(a) respectively. The implication of this was expounded in DOHERTY vs. BALEWA (1961)2 NSCC 248 @ 252 where the Supreme Court held that: “The Federal Parliament can legislate for the Federation only on those matters in respect of which it is specifically empowered to legislate under the Constitution”. This was amplified in TOGUN vs. OPUTA (2001)16 NWLR pt. 740 pg. 597 @ 644, where the Court of Appeal held that: “Nigeria is a Federal Republic with a Constitution in which the legislative powers of the National Assembly and the State Houses of Assembly are clearly defined. We have the Exclusive and the Concurrent Lists in which the National Assembly could legislate. This leaves the State Houses of Assembly to legislate exclusively on residual matters not included in either the Exclusive or Concurrent Lists”.

Status of the MLA

The MLA and its amendment were enacted by the National Assembly. The question is: where did the Assembly derive the powers to enact them? Is it contained in either the Exclusive Legislative List or the Concurrent Legislative List of the 1999 Constitution? The answer to this question necessitates a review of the aforesaid Legislative Lists contained in the Second Schedule to the Constitution – juxtaposing them with the provisions of the MLA. Starting with the latter, I believe that the following provisions thereof are problematic:-

  • Section 1: which places a cap (of N5million and N10m) on cash payments to or from individuals or body corporates respectively – except through what the Act calls a financial institution as defined in Section 25 thereof;
  • Section 3, in so far as it applies to some so-called DNFIs, such as dealers in cars, jewellery luxury goods, hotels, casinos and supermarkets, in respect of which the National Assembly lacks power to legislate;
  • Section 4, which requires casinos to keep certain records of their customers;
  • Section 5, which imposes additional obligations on the aforesaid DNFIs in terms of their registration with, and declaration of their activities to, the Ministry of Commerce (now Trade) and keeping records of transactions exceeding US$1,000 or its equivalent. It also empowers the relevant Minister to make Regulations guiding the operations of such DNFIs, as well as the EFCC to demand from such DNFIs reports of compliance with its provisions;
  • Section 9, which obliges such DNFIs to, inter alia, establish internal audit units, designate compliance officers and undertake regular training of their staff – all for the purposes of the Act;
  • Section 10(1), which obliges certain DNFIs – in respect of which the National Assembly lacks legislative power – to report to the EFCC with 7 days, any single transactions, transfer or lodgement of funds in excess of N5m or N10m, as the case may be;
  • Section 15 of the Act, which formally prohibits money laundering in Nigeria and specifies the 4 different ways in which it can be committed in relation to any fund or property (which is) the proceeds of an ‘unlawful act’ as defined under the Act;
  • Section 16(1)(f), in so far as it applied to Directors and employees of the aforesaid DNFIs;
  • Section 25 which defines “Designated Non-Financial Institution” as, inter alia, “dealers in jewellery, cars, luxury goods, hotels, casinos and supermarkets.”

Who can regulate Money Laundering in Nigeria?

I believe the answer to this question will depend on, at least, the meaning of “currency and legal tender” as used in Item 15 of the Exclusive Legislative List of the Constitution. To arrive at a definitive answer, however, we have to juxtapose that provision with those of Item 62 of the Exclusive Legislative List of the Constitution, which empowers the Assembly to regulate “trade and commerce, and, in particular –

  • Trade and commerce between Nigeria and other countries, including import of commodities into and export of commodities from Nigeria, and trade and commerce between the states;
  • establishment of a purchasing authority with power to acquire for export or sale in world markets such agricultural produce as may be designed by the National Assembly;
  • inspection of produce to be exported from Nigeria and the enforcement of grades and standards of quality in respect of produce so inspected;
  • establishment of a body to enforce standard of goods and commodities offered for sale;
  • control of the prices of goods and commodities designated by the National Assembly as essential goods or commodities; and
  • registration of business names”

Identical provisions in Item 61 of the Exclusive Legislative List of the 1979 Constitution were construed by the Supreme Court in ATTORNEY-GENERAL OF OGUN STATE vs. ABERUAGBA (1985)1 NWLR pt. 3 pg. 395, where the court held that the trade and commerce power of the National Assembly is limited to sub-items (a) to (f) of that Item. In other words, that while international trade and commerce, as well as inter-state trade and commerce, inter alia, were exclusively reserved for the National Assembly (including criminal offences arising therefrom – vide Item 68 of Part 1 and Item 2(a) of Part III of the 2nd Schedule of the Constitution), trade and commerce within a State (as well as crimes arising therefrom) are Residual matters, reserved for State Houses of Assembly.

I believe the implication of this decision – in so far as the provisions of the MLA can be construed as regulating trade and commerce – is that they (or, at least parts thereof) might be ultra vires the National Assembly, vide DOHERTY vs. BALEWA, supra. However, as previously stated, this depends on the proper construction of Item 15 of the Exclusive Legislative List of the Constitution, specifically the words “currency and legal tender” used therein. Is regulating the amounts of cash which can be paid pursuant to a transaction outside a FI or DNFI, incidental or supplemental to the power of the National Assembly to regulate “currency and legal tender” within the contemplation of Item 68 of the Exclusive Legislative List of the Constitution? That is the question.

Assuming, without conceding, that Item 15 of the Exclusive Legislative List of the Constitution empowers the National Assembly to control the value of cash paid in transactions outside so-called FIs and DNFIs, it is surely arguable that, to the extent that those provisions are general, whilst those of Item 62 of that List are special, the latter prevail, on the principle that special things derogate from general things: see ATT-GEN OF THE FED. vs. ABUBAKAR (2007) All FWLR pt. 375 pg. 405 @ 472E and 524, S.C.

I believe the referenced suspect clauses in the MLA (i.e., Sections 1, 3, 4, 5, 9, 10(1), 15, 16(1)(f) and the inclusion of dealers in cars, jewellery, luxury goods, hotels, casinos and supermarkets within the definition of DNFIs in Section 25) mean that, at the very least, the blue-pencil rule ought to be applied to them, removing them from the Act; thereafter, if whatever remains can stand, then they will survive. However, if they cannot stand on their own, the entire MLA ought to be invalidated: see ATT-GEN OF ABIA STATE vs. ATT-GEN OF THE FED. (2002) 5 S.C.M. 1.

I submit that the foregoing is also applicable to Section 15(6) of the Act: its purported categorization of “any criminal act specified in (the) Act or any other law in Nigeria” as the predicate offences (or “unlawful act” to use the language of the Act) in relation to which one can be accused of money laundering under the Act, is obviously too sweeping, as some of those offences are clearly ultra vires the National Assembly.

Examples in this regard include murder, grievous bodily injury, theft, forgery, etc. None of these is a federal offence; I believe that for them to now acquire that character merely because a person is allegedly connected with “any fund or property” which constitutes the proceeds of those crimes is simply far-fetched. Can they be justified even under Item 15 of the Exclusive Legislative List? I doubt it.

Conclusion

I submit that (with limited exceptions) the true intent and purpose of the MLA is to regulate the entire gamut of trade and commerce – both retail and wholesale, domestic and import/export. I believe the provisions of Sections 5(4) and 25 of the MLA put this beyond doubt: they empower the Minister and the Ministry of Commerce (now Industry Trade and Investment), respectively, to regulate the operations of DNFIs and to designate them as such. See the Federal Ministry of Industry, Trade and Investment (Designation of Non-Financial Institutions and other Related Matters) Regulations of 2013 and 2016 referred to above. Arguably, had the National Assembly intended otherwise, it would have domiciled those powers elsewhere other than this particular Ministry.

For the foregoing reasons, I believe that the Act – in it’s entirety – is only applicable to Abuja, by virtue of the fact that the National Assembly legislates for the FCT – vide Section 299 of the Constitution. In the 36 States, the aforesaid problematic provisions of the Act (i.e., Sections 1, 3, 4, 5, 9, 10(1), 15, 16(1)(f) and parts of Section 25) are inapplicable and, it is up to their respective Houses of Assembly to enact their own versions of those provisions – if they so wish – in much the same way that the Administration of Criminal Justice Act and the Child Rights Act are restricted to Abuja, but can be domesticated through separate municipal legislations enacted by the States.

Abubakar D. Sani, Esq.

31st October, 2020

Digital Economy And The Banking Sector

By Oyetola Muyiwa Atoyebi, SAN

INTRODUCTION

The National Digital Economy Policy and Strategy has been developed to reposition the Nigerian Economy to take advantage of the numerous opportunities that digital technologies provide. This is in line with the vision of President Muhammadu Buhari (GCFR) to diversify the economy of Nigeria away from dependence on the Oil and Gas Sector. The growth of the Digital Technology Sector over the past few years is a good indication that this sector can serve as a catalyst for the rapid development of the economy. His Excellency, President Muhammadu Buhari (GCFR) approved the re-designation of the Federal Ministry of Communications as the Federal Ministry of Communications and Digital Economy (FMoCDE) on the 17th of October, 2019.

This has clearly positioned Nigeria as early adopters of digital technology and it gives us a good opportunity to become major participants in the growing global digital economy.

The world now is going digital and major economic activities are done online. Most buying and selling and other economic activities are now done online. The economy of the world is already undergoing transformations.

In essence, Digital Economy is the economic activity that results from billions of everyday online connections among people, businesses, devices, data, and processes.[1] For example, buying and selling are done by e-commerce, payments are being made by online transfers and online banking and a lot of economic activities are now done online. This research work will examine digital economy alongside digital banking which forms part of the digital economy.

DIGITAL ECONOMY AND THE BUSINESS OF BANKING

The digital economy has been defined in many ways by various individuals and institutions. The European Commission defines the digital economy as an economy that “encompasses businesses that sell goods and services via the internet, and digital platforms that connect spare capacity and demand”. The World Economic Forum and the Group of Twenty (G20) defines the digital economy as “a broad range of economic activities comprising all jobs in the digital sector as well as digital occupations in non-digital sectors”.

Digital economy is one that is based on digital technologies. Interestingly, the digital economy is very much intertwined with the traditional economy, and this has impacted all the pillars of economy existent in Nigeria with the inclusion of finance.

Digital economy in the financial world especially banking, seeks to proffer digital networking and communication infrastructure to provide a global platform over which people and organizations can perform financial activities with ease. The financial pillar of digital economy also utilizes a broad range of technological infrastructure and knowledge. This in turn creates benefits and efficiencies and also fuels economic growth.  Nigeria has the potential to explore its digital financial ventures beyond its borders. This is mainly because digitalization has come to play a very crucial role. For instance, digital banking brings a world of opportunities to address pressing issues in access to finance both in relation to retail banks and Financial Technology (fintech) platforms in Nigeria. Many banks in Nigeria have also engaged digital technologies in their activities for the purpose of solving issues in an exciting, modern, and faster way. Digital innovation in banking is one of the solutions to the problems of access to finance in Nigeria.  Several banks have incorporated these innovations via mechanisms such as mobile payments, mobile loans, cashless policies, mobile bank accounts, and so on.

NIGERIA’S DIGITAL ECONOMY

Nigeria is developing a digital-led growth strategy for the Nigerian economy: “The Smart Nigeria Digital Economy Project”. The objective of this project is to solve efficiency problems and create leapfrog opportunities in the economy, improve competitiveness and foster technological development and innovations more generally.

Nigerians are highly innovative people, and a thriving digital economy will create employment opportunities for Nigeria’s teeming population and lift millions of Nigerians out of poverty. Digital economy activities are key for diversification because they are systemic. Software development solves local economic problems, with local content, expanding knowledge and education in the process and deepening integration with the global economy. The relevance of the internet economy is the spin-off benefits for the modernization and diversification of the Nigerian economy and solving efficiency losses.

In Nigeria, the digital economy is a key priority. As a report of the Central Bank of Nigeria notes[2] , the country has made some strides to strengthen the country’s digital space. Nigeria’s Economic Recovery and Growth Plan 2017–2020 (ERGP) recognizes the need for a digital-led strategy to make the Nigerian economy more competitive in the 21st century global economy. In 2015, the Nigeria Communications Commission proposed the transition of the economy into a digital economy through investments in digital infrastructure, and more specifically broadband, which is a key driver of digital economy growth. Nigeria’s international connectivity is well developed, and there are new digital platforms available such as the Central Portal for Government Services. Nigeria is also committed to universal education, including providing digital skills training, and it is home to several high-growth digital companies.

The digital economy is a platform for growth for the entire Nigerian economy. Industries old and new are moving online and finding new ways to do business. This is true for tech companies — Nigerian start-ups like Hotels are growing up — but it is equally true for companies working in more traditional industry sectors, too. From health and education, to tourism and manufacturing, to resources and energy, and for businesses large and small, companies who are moving into this space are statistically more successful. A United Kingdom research reported that small businesses who leverage the Internet report sales growth four times greater than those who do not.

The digital economy connects Nigeria to the global movement online, but it is also specifically valuable for Nigeria. It allows Nigeria to confront the challenges of the tyranny of distance by connecting us to the rest of the world in real-time. And it takes advantage of our strengths – particularly our highly skilled, net-savvy, and innovative population – and keeps them at home, rather than shipping them overseas.

Nigeria is uniquely positioned to reap the benefits of the digital economy. Nigeria accounts for 47% of West Africa’s population, and half of the country’s 200 million people are under the age of 30. Nigeria has the largest mobile market in Sub-Saharan Africa, supported by strong mobile broadband infrastructure and improved international connectivity, yet minimal fixed broadband infrastructure and connectivity in rural areas is leaving a significant number of the most marginalized segments of the population without Internet access. This Digital Economy for Africa (DE4A) Diagnostic Report highlights the challenges and opportunities of the digital economy for Nigeria. This diagnostic argues that accelerating access to digital technologies spurs innovation, efficiency, and productivity, and as a result brings about choice and opportunities for greater growth and inclusion.

For countries like Nigeria, the Digital Economy offers opportunities, but also brings risks of being left behind. Improved digital connectivity can only achieve the desired transformational impact on economic opportunity and inclusive growth if combined with improvements in digital skills and literacy, the coverage of digital identity schemes, and access to digital payments and other financial services, as well as digital support to start-ups and existing businesses. With such capabilities, the Nigerian economy can harness digital data and new technologies, generate new content, link individuals with markets and government services, and roll out new and sustainable business models. In 2016, the global digital economy was worth about USD 11.5 trillion, equivalent to 15.5% of the world’s overall GDP. The digital economy is expected to reach 25% in less than a decade, quickly outpacing the growth of the overall economy.

E-commerce is an emerging area of global investor confidence in Nigeria. Figures have shown that Nigeria is one of the leading IT markets in Africa, where there has been a rapid surge in the development of e-commerce businesses. According to Euromonitor International Market Research, e-commerce advancements have been most notable in Nigeria because of the surge in telecom investments and smartphone purchases which have fueled growth in internet usage from 20% in 2009 to 41% in 2014. According to Euromonitor International data, Nigeria has the largest online market particularly for apparel and footwear in Africa, which is expected to grow from US$104 million in 2014 to US$1,077 million in 2019, due to the dynamic development of trusted e-tailers, Jumia and Konga.

HOW THE BANKING SECTOR HAS SERVED AS A MAJOR KEY PLAYER IN THE GROWTH OF NIGERIA’s DIGITAL ECONOMY?

Research has shown that the shift from cash payments to digital payments will not only increase the number of people who own and use bank accounts, but also improve efficiency by increasing the speed of payments and reducing the cost of disbursing and receiving them. Fintech can be used to enhance the security of payments and increase transparency, and thus reduce associated crime and corruption. The Bank Verification Number was implemented by the Central Bank of Nigeria to increase security and protect bank customers from illegal transactions.

By providing access to a diverse range of financial products and services such as credit facilities for individuals and businesses, financial technology (FinTech) can boost aggregate expenditure, thereby improving gross domestic product (GDP) levels. Provision of financial services using technology also benefits the government by providing a platform to facilitate an increase in aggregate expenditure, which subsequently generates higher tax revenue from an increase in the volume of financial transactions.

Additionally, financial innovation through technology can have long-term positive effects for banking performance. A recent study examining the impact on bank performance of the adoption of SWIFT, a network-based technological infrastructure and set of standards for worldwide interbank telecommunication, showed that it has large effects on long-term profitability, and a significant improvement on banking performance.

Nigeria’s banking ecosystem has moved to retail banking and the use of e-banking channels, which has led to improvements in financial inclusion. According to the 2017 annual report of the Central Bank of Nigeria (CBN), the total value of electronic payment transactions recorded in 2017 rose by 32.5% to NGN83.1 trillion, from NGN62.7 trillion in 2016. Nigerian banks are starting to adopt more dynamic operating approaches and introducing financial products that are in sync with the emerging digital trends. For instance, Zenith Bank launched Scan to Pay, an app that can be used by both customers and non-customers to make online and in-store payments in seconds through quick response (QR) code scanning on any internet-enabled phone. Banks and telecommunications companies have also introduced unstructured supplementary service data (USSD) codes, by which normal banking transactions can be carried out on mobile phones.

Nigeria Inter-Bank Settlement System (NIBSS) is jointly owned by all licensed banks in Nigeria, including the Central Bank. NIBSS operates as a shared service infrastructure for handling inter-bank payments, in order to remove potential bottlenecks. It also operates the Nigeria Automated Clearing System, which facilitates the electronic clearing of cheques and other paper-based instruments, electronic funds transfer, automated direct credits, and automated direct debits. Further, NIBSS has launched the mCASH payment system to facilitate low-value retail payments and grow e-payments by providing accessible electronic channels to a wider range of users, and extending e-payment benefits to payers and merchants at the bottom of the pyramid, where cash payments have been predominant.

Another trend fast becoming a reality in Africa is the use of AI. To increase levels of customer acquisition and retention, AI can be used in delivering intelligence about customer behaviors and preferences that will help in the development of personalized responses, insights, and product types. AI will affect the way banks conduct financial due diligence, especially with respect to fraud detection, risk management and credit allocation. The Union Bank of Nigeria announced, in 2018, the deployment of robotic process automation (RPA) technology in its operations. This uses software tools developed to simplify and improve the efficiency of business process delivery.

THE ROLES OF BANKS IN THE NIGERIAN DIGITAL ECONOMY

The Banking Industry in Digital Economy is highly competitive. The new dimension of Banking Industry is characterized by modern and global banking services, by the important roles of banks in the financial stability and the development of banking culture and civilization, Supported by the latest technology and banks which are working to identify new business niches, to develop customized services, to implement innovative strategies, to capture new market opportunities and to increase profits. The banks, as financial entities, also activate in a global environment. Another dimension of banking industry is the business process outsourcing (BPO). Romanian banking industry has some characteristics which are very important for economic development. The characteristics of Romanian Banking Industry are: globalization, consolidation, deregulation and diversification. An important objective of banking industry is the international cooperation on the banking market.

Historically, structural changes in the financial system has been a consequence of the process of financial innovation in terms of new products or services, new production processes or new organizational forms. Financial innovation has often had its roots in advances in the processing power of IT systems and lower costs for data storage.

In a similar vein, digitalization has the potential to change the competitive advantages of providers of financial services. New market entrants may have superior technologies for the screening of borrowers and thus lower information asymmetries. For example, big tech firms have access to a wide range of customer data, which may be used to improve risk assessments and the screening of borrowers. Additionally, big tech firms might be able to achieve economies of scale through network effects. As a result, the business models of financial institutions that are based on the cross-subsidization of different types of service may come under pressure. Financial innovations and new digital financial services may help to raise productivity in the financial sector.

Digital economy also referred to as the New Economy refers to an economy in which digital technologies are used in economic activities. Digital banking is part of the broader context for the move to online banking, where banking services are delivered over the internet. The shift from traditional to digital banking has been gradual and remains ongoing and is constituted by differing degrees of banking services digitization. Digital banking involves high levels of process automation and web-based services and may include APIs enabling cross-institutional service composition to deliver banking products and provide transactions. It provides the ability for users to access financial data through desktop, mobile and ATM services.

Ensuring Increased Accuracy

Traditional banks rely majorly on paper processing with the possibility of up to 40% error rate which may require reworking. Additionally, the lack of Information Technology IT integration between branch and back office personnel may reduce business efficiency. Digital banking plays the role of using technology which makes it easier to implement IT solutions with business software which lead to more accurate accounting. Financial accuracy is crucial for banks to comply with government regulations.

Improved Competitiveness

Digital solutions help manage marketing lists, allowing banks to reach broader markets and build closer relationships with tech savvy consumers. CRM platforms can track customer history and provide quick access to email and other forms of online communication, it is effective for executing customer reward programs that can improve loyalty and satisfaction.

Greater Agility

Digital banking helps in speeding up both external and internal process, both of which improve customer satisfaction. For risk management situations, the use of risk management software detects and responds to market changes more quickly than risk management professionals.

Enhanced Security

Digital banking guarantees some considerable degree of security to protect data. All businesses, big or small face a growing number of cyber threats that can damage reputations. The use of technology will reduce the rate of cyber threats.

HOW DIGITAL TECHNOLOGY IS HELPING NIGERIANS ACCESS BETTER BANKING SOLUTIONS.

Before the Nigerian financial sector went through a significant transformation, banks were seen as exclusive spaces for a select portion of the population – places where high-earning individuals were the only ones entitled to world-class banking products and services. This misconception left a large part of the population unbanked and unable to benefit from essential financial services.

Digital technology has proven to be a highly effective tool in changing this narrative, driving a change in operating and business models, improving platforms for innovation and creating immense opportunities for monetization. The technology landscape continues to change through the never-ending rollout of faster, more accessible networks, impacting every component of service delivery – especially in the banking industry.

The Nigerian Communications Commission reported that there were approximately 172 million phone subscribers in the country in 2018, which means that 90 percent of citizens can execute transactions on their phones. There is little excuse, then for Nigeria’s low level of financial inclusion – just three in 10 Nigerian adults have a bank account.

A REVIEW ON THE CBN STATISTICS ON THE BANKING SECTOR

The CBN statistic shows that there is a gap in potential and actual activity, banks sit on well of customer data for analysis on appropriate product design marketing, and that there is a rising profile of technology-based retail giants which would provide for more efficiency in the use of technology and disappearing margins for bank. The statistic also shows that the major reason why customer factor contribute to the decrease in the value of banks is because of their failure to efficiently enable them, for example, default account setup and customer education, and that banks are the second most frequent reason for POS transaction failure.

The statistic also gave an insight on the digital platform efficiency by stating that 9.3 million transactions worth 852.2 billion NIP transactions failed and customers were denied value and satisfaction. It also shows that the future of banking will be defined by the battle for data on customer insight. It states that digital revolution will provide for an acceleration of economic activities and change the way we talk, communicate, trade, and do business. It also describes business as a process optimization, big data management and real-time reporting showing.

It also describes that the issue of fraud in the banking industry has been reduced due to the adherence to the measures to be taken on electronic fraud. The CBN statistics data concluded the statistic by showing that mobile banking will attract electronic fraud than others.

RECENT DIGITAL BANKS AND THEIR IMPACTS ON THE BANKING SECTORS

Some digital banks in Nigeria are:

  1. WEMA ALAT 2017
  2. Sparkle launch 2020
  3. V by VFD microfinance bank
  4. Rubies digital bank 2019
  5. Kuda bank 2018

The Impact of Digital Banking on the Banking Sectors in Nigeria

The effects of digital banking on banking sectors in Nigeria, is worth appreciating. With the introduction of digital banking in Nigeria, easy accountability, revenue generation and crowd management are advanced to the banking sectors. Inaccessibility to banking facilities in years has been curtailed. Digital banking can be said to be a subset of E- banking because e- banking entails the use of ATM to perform banking operations in Nigeria. The e- banking and digital banking has enjoyed so much acceptance in the recent years.

The emergence of e-banking in the Nigerian financial system is partly to keep pace with modern technologies applicable to modem banking. More importantly, it is being used as a competitive tool by banks. Conscious of the need to satisfy the sophisticated customers, banks introduced these products to reduce human errors. They also aim at reducing the waiting time of customers as well as reducing human labour and paperwork involved before customers are attended to. So, the immediate impact of ATM is that we should begin to see a substantial reduction in the queues that often develop at the bank counters. Banks would thereby have more time to devote to strategic planning thus increasing the efficiency of the average bank worker. ATM customers now enjoy the benefit of banking, customers now enjoy 24 hours services, in which case weekend banking will be unnecessary as soon as ATM is able to accept deposits and give account balances. Also, as more banks acquire ATMs, we expect to see fewer bank customers holding on to large cash particularly at weekends. This would ultimately reduce the volume of money in circulation.

CONCLUSION

Digitalization has brought a lot of changes to the world. From all that has been discussed, it is evident that there is massive growth in the Digital economy of Nigeria. The banking sector has also had its own contribution to the digital economy. Most banks have digital platforms for payments. This speak volumes of the digital economy. More needs to be done to improve the digital economy of Nigeria as there are great wealth that can be generated from the digital economy.

The Nigerian economy can harness digital data and new technologies, generate new content, link individuals with markets and government services, and roll out new and sustainable business models. There is a great increase in the numbers of commercial bank customers with the adoption of e-banking services. At least the quality of services rendered to customers has improved greatly. Customers are satisfied with some of the e-banking service offered to bank customers; however, a lot needs to be done to improve the customer service in the Country. In building a solid digital economy, Nigeria needs to focus on digital infrastructure, digital literacy and skills, digital financial services, digital platforms, and digital entrepreneurship and innovation.

Paper by Oyetola Muyiwa Atoyebi, SAN.

Mr. Oyetola Muyiwa Atoyebi, SAN is one of the most notable professional Nigerian youth, who has distinguished himself in his professional sphere within the country and internationally. He is the youngest in the history of Nigeria to be elevated to the rank of a Senior Advocate of Nigeria. At age 34, he was conferred with the prestigious rank in September, 2019. Mr. O.M. Atoyebi, SAN can be characterized as a diligent, persistent, resourceful, reliable and humble individual who presents a charismatic and structured approach to solving problems and also an unwavering commitment to achieving client’s goals. His hard work and dedication to his client’s objectives sets him apart from his peers. 

As the Managing Partner of O. M. Atoyebi, SAN and Partners, also known as OMAPLEX Law Firm, he is the team leader of the Emerging Areas of Practice of the Firm and one of the leading Senior Advocates of Nigeria in Information Technology, Cyber Security, Fintech, Robotics and Artificial Intelligence (AI). He has a track record of being diligent and he ensures that the same drive and zeal is put into all matters handled by the firm. He is also an avid golfer.

LinkedIn:https://www.linkedin.com/in/atoyebi-oyetola-muyiwa-san-804226122/

REFERENCES

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  • https://www.worldbank.org/en/country/nigeria/publication/nigeria-digital-economy-diagnostic-a-plan-for-building-nigerias-inclusive-digital-future
  • http://www.notn.gov.ng/post_action/39
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  • https://rasoolirfan-com.cdn.ampproject.org/v/s/rasoolirfan.com/2020/04/03/fraud-prevention-leaders-to-choose-any-of-these-45-key-solutions/amp/?amp_js_v=a2&amp_gsa=1&usqp=mq331AQFKAGwASA%3D#aoh=15996644489970&referrer=https%3A%2F%2Fwww.google.com&amp_tf=From%20%251%24s&ampshare=https%3A%2F%2Frasoolirfan.com%2F2020%2F04%2F03%2Ffraud-prevention-leaders-to-choose-any-of-these-45-key-solutions%2F
  • https://www-paymentsjournal-com.cdn.ampproject.org/v/s/www.paymentsjournal.com/managing-security-risk-in-a-digital-economy/amp/?amp_js_v=a2&amp_gsa=1&usqp=mq331AQFKAGwASA%3D#aoh=15996638357143&referrer=https%3A%2F%2Fwww.google.com&amp_tf=From%20%251%24s&ampshare=https%3A%2F%2Fwww.paymentsjournal.com%2Fmanaging-security-risk-in-a-digital-economy%2F
  • https://www.premiumtimesng.com/business/business-interviews/399565-electronic-banking-fraud-in-nigeria-how-its-done-and-what-can-be-done-to-stop-it.html

[1] https://www2.deloitte.com/mt/en/pages/technology/articles/mt-what-is-digital-economy.html

[2] file:///C:/Users/USER/Downloads/NSACC%20JULY%202020%20WEBINAR%20BY%20CBN%20DG%20OPERATIONS%20ON%20NIGERIA’S%20DIGITAL%20ECONOMY(1).pdf

Reform Of Nigerian Legal System — Redraft Proposals Of Miscellaneous Offences Against Public Authority Provisions In The Criminal Code Of Every State In Nigeria.

By Raphael Christopher – A senior member of Enugu Bar.

In the past few weeks, we have all witnessed the breakdown of law and order in our various states and the consequent loss of lives, destruction of public monuments, infrastructures, properties and the wanton lootings and criminal damages to property committed by hoodlums.

The aftermath have been particularly painful for those innocent Nigerians who have suffered loss of their livelihoods, life savings and means of income due to the actions of the hoodlums and miscreants in the public arena. We have also seen the riots and the assaults on police officers, police stations and properly constituted public officers and authorities.

In such a situation, it behoves us to examine current legal provisions relating to miscellaneous offences against public authority provisions in the criminal codes of every state in Nigeria and consider whether they are fit for purpose. I am referring to the miscellaneous offences against public authority provisions in the criminal code statute books of every state in Nigeria.

By way of back grounding and contextual analysis, It is my view that all legislations, law statutes and provisions should be only be made if they are necessary, effective, clear, coherent and accessible to all. I believe that the content of the law, the legislation, its architectures, its language and its accessibility – and the links in between them should always be made crystal clear and articulated properly with no ambiguity.

One can, using the above yardstick, see immediately that most legislative provisions in our country and in particular the provisions of the above criminal code statutes in its various forms in all the states are lacking and are suffers from the following defects:

1. Their provisions are failing to achieve its stated policy aims and are not clear enough
2. The Language used is very obtuse and does not make the facts founding the offence clear so law enforcement agents can identify and draft appropriate pleadings.
3. It has unforeseen and undesirable side effect and sometimes Its severity of punishment is out of line with policy aims and principles of restorative justice.
4. It is not wide enough or broad enough to allow for future amendments as underlying policy and public culture evolves.
5. There are lots of superfluous language and words which is needless to keeping original intentions intact

I would use the Section 170 of the Enugu State Miscellaneous Offences against Public Authority as a representative example for every state in Nigeria ( for example the same provisions in the Lagos state criminal code is numbered as s113 to s123 of Chapter 13 – therefore each state of Nigeria criminal codes and section arrangements will be different but broadly they will all have the same offences and provisions).

Further to the above, I start my proposal for reform by asking that the first take is to first change the format of section 170 ( s113 to s123 in Lagos state criminal code – each state section arrangements will be different but broadly have the same offences and provisions) and reframing that section by titling that section as “Definitions” section but keep the wordings and make it the over arching definition applying to the entire section. This will give much needed clarity and form to the rest of this section. I further propose a reduction in the length of imprisonment in line with other similar offences. Misdemeanours by their very nature should be limited to 12 months imprisonment and or a fine.

Secondly and generally, I propose a new practice, across the board in every new legislative drafts and law of now first stating the offences on the headings before detailing its constituting facts underneath . This will make it easier for Judges, Lawyers and court users to find the said provisions and to refer to in court and pleadings. Thirdly, I propose that S.171 be increased in its scope of coverage of class to include parastatals and courts to ensure consistency in coverage regarding public authorities. Fourthly, I would propose that S.172 – 178 be more clearly defined with removal of redundant phraseology and its coverage be tightened and meanings enunciated more clearly.

I now present my suggested amendments for consideration for a redraft of these sections in every state of Nigeria criminal codes. This same principles are applicable to other sections of our criminal code and can be applied to change or amend them.

CHAPTER 17 MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY

False verified statements

Definitions:

In this section—
A verified statement means—
(a) a statement made on oath or under another sanction that may by law be substituted for an oath; or
(b) a statement verified by solemn declaration or affirmation.
(2) A declaration includes a statement and an affidavit.

OFFENCES

False verified statements
169. A person who makes a verified statement that the person knows is false in a material fact or particular in respect of any certificate or declaration in a matter of execution of a sentence of death commits a crime, and is liable to a maximum penalty of 7 years imprisonment.

False declarations
170. A person who makes a declaration that the person knows is false in a material fact or particular, whether or not the person is permitted or required by law to make the declaration, before a person authorised by law to take or receive declarations, commits a crime and is liable to a maximum penalty of 3 years imprisonment.

Resisting Public Officers
170. Any person who in any way or manner obstructs or resists any public officer engaged in the discharge or attempted discharge of the duties of their office imposed on them by any Law, Act or Statute, is guilty of a misdemeanour, and is liable to a maximum penalty of imprisonment for 2 years.

Refusal by Public officer to perform duty
171. Any person who, whilst being employed in the public service, court, tribunal, public service organisations and parastatals perversely, without lawful excuse, refuses or omits, to do any act which it is their duty to do by virtue of any Law, Act or Statute is guilty of a misdemeanour, and is liable to imprisonment for 2 years or fine.

Refusal by a Law Enforcement Officer to suppress a riot
172. Any person who is a Law Enforcement officer, with notice of a riot in their neighbourhood or place within their jurisdiction, without lawful excuse, refuses or omits, to do any act to suppress the riot in their neighbourhood or place within their jurisdiction, where which it is his or her duty to do by virtue of any Law, Act or Statute is guilty of a misdemeanour, and is liable to imprisonment for 2 years or fine.

Refusal by a person to suppress a riot
173. Any person, with reasonable notice of a riot in their neighbourhood or place where they are located at the relevant time, without lawful excuse, refuses or omits, to assist a Law Enforcement Officer in suppressing the riot in their neighbourhood or place where they are located at the relevant time, is guilty of a misdemeanour, and is liable to a maximum penalty of 12 months imprisonment, and or fine.

Refusal by a person to help a Law Enforcement Officer
174. Any person, given reasonable notice by a Law Enforcement Officer that they are required to help the Law Enforcement Officer in arresting any person, or in preserving the peace and protecting property, without lawful excuse, refuses or omits, to comply or do so, is guilty of a misdemeanour, and is liable to a maximum penalty of 12 months imprisonment or fine.

Refusal by a person to obey a reasonable order given by authorised personnel
175. Any person who, without reasonable excuse, refuses or disobeys any lawful order issued to them by any person authorised under any Law, Act or Statute is guilty of a misdemeanour, and is liable to imprisonment for 12 months or fine, such penalty being exclusive of any other penalties prescribed under any other Law, Act or Statute.

Commission of acts forbidden by law
175. Any person who, without reasonable excuse, the proof of which lies on the person, does any act which the person is, by the provisions of any Law, Act, Court orders or statute in force in Enugu State, forbidden to do, or omits to do any act which the person is, by the provisions of any Law, Act, Court orders or statute in force in Enugu State, required to do, is guilty of a misdemeanour, unless some mode of proceeding against the person for such disobedience is expressly provided by statute, and is liable to imprisonment for 12 months or fine, such penalty being exclusive of any other penalties prescribed under any other Law, Act, Court orders or Statute.

The purpose of the above is to encourage every reader with responsibility for legislation in every state in Nigeria to make use of the information I have provided herein to help their individual states to apply the same principles I have set out herein to the sections of its criminal code relating to miscellaneous offences against public authority so that there is uniformity and the provisions are fit for purpose and so we can together reform our laws to help foster the maintenance of law and order in the various states and ensure peace for all.

I hope that the above has helped to kickstart the process of reform of our Nigerian Legal system laws and statutes and since these principles are transferable, they can also be used in any new legislations being proposed or drafted in any state in Nigeria. It is my fervent belief that our laws and statutes needs reform to make its intents and purposes clear and unambiguous which will lead to our citizens become much clearer as to their duties and the Judicial process enhanced and the image of the administration of justice more clearly enhanced to meet the needs of the 21st century law and order especially in these current pandemic.

Thank you for your time.

#EndSARS: Lagos Oba Palace Destruction: Police Arraign15 Suspects For Arson, Robbery And Conspiracy

The Lagos State Police Command has arraigned a group of 15 men, within the age bracket of 19 — 40 years of age, for offences ranging from arson, conspiracy and robbery, including the invasion of the palace of the Oba of Lagos, in the aftermath of the EndSARS protest.

The defendants, Messrs ENIAFE OLAWALE, GBENGA AJAYI, LAMIDI RAFIU, OLADUNMOYE AYODEJI, SOLIU TAJUDEEN, AHMED OLAYINKA, SAMUEL DAMILOLA, WASIU GREWA, HABIB SALIT, NURUDEEN YUSUF, SAFIU QUADRI LEKAN, AFOLABI LUKUMAN, YUSUF BABALOLA”; were dragged before a Lagos State Magistrate Court sitting at Ogba, in the Ikeja magisterial district, with the charge number CR/MISC/ES/L/002020. The charge sheet is signed by the superintendent of police & OC legal of the Lagos state police command, SP Cardoso Yetunde Esq.

The charges preferred against the defendants reads;

Count I
That you, ENIAFE OLAWALE ‘M’, GBENGA AJAYI ‘M’, LAMIDI RAFIU ‘M’, OLADUNMOYE AYODEJI ‘M’, SOLIU TAJUDEEN ‘M’, AHMED OLAYINKA ‘M’, SAMUEL DAMILOLA ‘M’, IYABO ORIADE ‘F’, KOLADE OLANIYI ‘M’, WASIU GREWA ‘M’, HABIB SALIT ‘M’, NURUDEEN YUSUF ‘M’, SAFIU QUADRI LEKAN ‘M’, AFOLABI LUKUMAN ‘M’ and YUSUF BABALOLA ‘M’, and others at large, between 20th and 22nd day of October, 2020 at the High Court of Lagos State, Igbosere, in the Lagos State Magisterial District did conspire amongst yourselves to commit felony to wit, Arson and thereby, committed an offence punishable under Section 411 of the Criminal Laws Of Lagos State, 2015.

COUNT Il
That you, ENIAFE OLAWALE ‘M’, GBENGA AJAYI ‘M’, LAMIDI RAFIU ‘M’, OLADUNMOYE AYODEJI ‘M’, SOLIU TAJUDEEN ‘M’, AHMED OLAYINKA ‘M’, SAMUEL DAMILOLA ‘M’, IYABO ORIADE ‘F’, KOLADE OLANIYI ‘M’,
WASIU GREWA ‘M’, HABIB SALIT ‘M’, NURUDEEN YUSUF ‘M’, SAFIU QUADRI LEKAN ‘M’, AFOLABI LUKUMAN ‘M’ and YUSUF BABALOLA ‘M’, and others at large, between 20th and 22nd day of October, 2020 at the High Court of Lagos State. Igbosere, in the Lagos State Magisterial District did willfully and unlawfully set fire to the court building and thereby committed an offence punishable under Section 341 of the Criminal Law of Lagos State, 2015.

COUNT Ill
That you, ENIAFE OLAWALE ‘M’, GBENGA AJAYI ‘M’, LAMIDI RAFIU ‘M’, OLADUNMOYE AYODEJI ‘M’, SOLIU TAJUDEEN ‘M’, AHMED OLAYINKA ‘M’, SAMUEL DAMILOLA ‘M’, IYABO ORIADE ‘F’, KOLADE OLANIYI ‘M’,WASIU GREWA ‘M’, HABIB SALIT ‘M’, NURUDEEN YUSUF ‘M’, SAFIU QUADRI LEKAN ‘M’, AFOLABI LUKUMAN ‘M’ and YUSUF BABALOLA ‘M’, and others at large, between 20th and 22nd day of October, 2020 at High Court of Lagos State. Igbosere, in the Lagos State Magisterial District did steal office furniture valued about N500,000,000 (Five Hundred Million Naira) only, property of Lagos State Government and thereby committed an offence punishable under Section 287 of the Criminal Law of Lagos State, 2015.

COUNT IV
That You ENIAFE OLAWALE ‘M’, GBENGA AJAYI ‘M’, LAMIDI RAFIU ‘M’, OLADUNMOYE AYODEJI ‘M’, SOLIU TAJUDEEN ‘M’, AHMED OLAYINKA ‘M’, SAMUEL DAMILOLA ‘M’, IYABO ORIADE ‘F’, KOLADE OLANIYI ‘M’, WASIU GREWA ‘M’, HABIB SALIT ‘M’, NURUDEEN YUSUF ‘M’, SAFIU QUADRI LEKAN ‘M’, AFOLABI LUKUMAN ‘M’ and YUSUF BABALOLA ‘M’, and others at large, between 20th and 22nd day of October, 2020 at High Court of Lagos State. Igbosere in the Lagos State Magisterial District did conspire amongst yourselves to commit felony to wit House Breaking and thereby committed an offence punishable under Section 411 of lhe Criminal Law of Lagos State, 2015.

COUNT V
That you ENIAFE OLAWALE ‘M’, GBENGA AJAYI ‘M’, LAMIDI RAFIU ‘M’, OLADUNMOYE AYODEJI ‘M’, SOLIU TAJUDEEN ‘M’, AHMED OLAYINKA ‘M’, SAMUEL DAMILOLA ‘M’, IYABO ORIADE ‘F’, KOLADE OLANIYI ‘M’, WASIU GREWA ‘M’, HABIB SALIT ‘M’, NURUDEEN YUSUF ‘M’, SAFIU QUADRI LEKAN ‘M’, AFOLABI LUKUMAN ‘M’ and YUSUF BABALOLA ‘M’, and others at large, between the 20th and 22nd of October 2020, at the High Court of Lagos State Igbosere, in the Lagos State Magisterial Judicial do, did break into the palace of His Royal Highness Oba Akinotu Rilwan and stole his household dollars and staff of office and thereby commltted an offence punishable under Section 307(1) of the Criminal Law of Lagos State, 2015.

COUNT VI
That you ENIAFE OLAWALE ‘M’, GBENGA AJAYI ‘M’, LAMIDI RAFIU ‘M’, OLADUNMOYE AYODEJI ‘M’, SOLIU TAJUDEEN ‘M’, AHMED OLAYINKA ‘M’, SAMUEL DAMILOLA ‘M’, IYABO ORIADE ‘F’, KOLADE OLANIYI ‘M’, WASIU GREWA ‘M’, HABIB SALIT ‘M’, NURUDEEN YUSUF ‘M’, SAFIU QUADRI LEKAN ‘M’, AFOLABI LUKUMAN ‘M’ and YUSUF BABALOLA ‘M’,
ENIA AFOLABI LUKUMAN YUSUF BABALOLA ‘M’ and otherst at large, between 20th and 22nd day of October 2020 at Iga Iduganran, Isale Eko Street Lagos, in the aforesaid Magisterial District did robbed innocent citizens of valuables yet determined and thereby committed an offence punishable under Section 297 (1) (2) of the Criminal Law of Lagos State Of Nigeria, 2015.

COUNT VII
That you, ENIAFE OLAWALE ‘M’, GBENGA AJAYI ‘M’, LAMIDI RAFIU ‘M’, OLADUNMOYE AYODEJI ‘M’, SOLIU TAJUDEEN ‘M’, AHMED OLAYINKA ‘M’, SAMUEL DAMILOLA ‘M’, IYABO ORIADE ‘F’, KOLADE OLANIYI ‘M’, WASIU GREWA ‘M’, HABIB SALIT ‘M’, NURUDEEN YUSUF ‘M’, SAFIU QUADRI LEKAN ‘M’, AFOLABI LUKUMAN ‘M’ and YUSUF BABALOLA ‘M’, and others at large, between 20th and 22nd day of October, 2020 at Iga Iduganran Isale Eko Street Lagos, in the aforesaid Magisterial District did willfully and unlawfully set fire to the Ebute-Ero Police Division and thereby committed an offence punishable under Section 341 of the Criminal Law of Lagos State,
2015.

It is noteworthy that the 9th defendant in the person of Mr. Kalode Olaniyi ‘M’, 29 years old, had his name struck out of the charge.

#EndSARS: Anambra Bar Condemns Destruction And Looting Of Courts And Correctional Centres, Urges Anambrarians To Make Use Of Complaint Desks

The eight (8) branches of the Nigerian Bar Association (NBA) in Anambra State under the aegis of ‘Anambra Bar’ have condemned the destruction and looting of properties, particularly courts and correctional centres, by hoodlums who hijacked the EndSars protest.

This is contained in a statement made available to TheNigeriaLawyer (TNL) signed by Chairman of the ‘Anambra Bar’, Vitalis Ihedigbo.

TheNIgerialawyer(TNL), recalls that on October 17, 2020, the Anambra Bar threw its weight and support behind great Nigerian youths who took courage to protest the primitive culture of police brutality and to demand immediate reforms. The said largely nationwide peaceful protests however took a drastic turn from October 21, 2020, following the tragic shooting of unarmed protesters at Lekki Toll Gate on the evening of 20th October, and the global outrage that greeted the dastardly act.

Sadly, hoodlums seized this ugly situation to hijack the hitherto peaceful #ENDSARS protest and wreaked havoc in most parts of the country in unprecedented wanton attacks on innocent citizens, looting and destruction of properties with a particular target on Police Stations, Court Buildings and Correctional Centres, leaving behind sordid tales of the senseless loss of lives and abominable desecration of halls of justice and law enforcement facilities.

In its statement, the Bar not only condemning the vandalization and killings called on relevant authorities to investigate the lawlessness and prosecute the perpetrators.

“Anambra Bar in the most-strongest terms totally condemn this unwarranted resort to lawlessness and carnage by these criminal elements. We, therefore, call on the relevant authorities to fish out the perpetrators of this mayhem and deal with them in accordance with our laws.

“We however strongly advise that all those arrested in connection with the riots and violation of curfew orders should be treated in line with the provisions of extant laws. The Bar in Anambra State is available and willing to assist all those who suffered losses of various kinds particularly the law enforcement officers to get justice, we shall nevertheless monitor the processes and proceedings closely to ensure that rights of arrested persons were not violated in any way.

“Finally, we express our deepest sympathies and condolences to all families who lost their loved ones in the mayhem and fervently wish those who sustain injuries quick recovery. In the same vein, we sympathize with the Inspector General of Police and Commissioner of Police Anambra State for the loss of some of their officers and men and destruction of some police stations.

The Bar also urged the people to take advantage of the Complaint Desks set up across our 8 (eight) branches in the State to articulate and present their respective petitions to the ANAMBRA STATE PANEL OF INQUIRY ON #ENSARS without further delay.

Other signatories to the statement are B.E Ewulum Ph.D. (Chairman Idemili Branch); Ekene Okonkwo (Chairman Awka Branch); Kaine Ananwune (Chairman Anaocha Branch); Jim-Abel Oforma (Chairman Aguata Branch); Kingsley Awuka (Chairman Nnewi Branch); Anthony Okafor (Chairman Otuocha Branch); and Steve Ononye (Chairman Onitsha Branch).

#EndSARS: NBA Signs Memorandum Of Partnership With NHRC In Providing Legal Aid For Victims Of Police Brutality

The Nigerian Bar Association (NBA) and the National Human Rights Commission (NHRC) have partnered to assist victims of SARS and other units of the Nigerian police in petitioning the Independent Investigative Panel of the Federal government and Judicial Panels Of Inquiry set up by various state governments

This is contained in a statement made available to TheNigeriaLawyer (TNL) signed by the NBA National Publicity Secretary, Dr Rapulu Nduka

Nduka added that the two parties will cooperate in providing legal aid to the victims mentioned above.

Read the full statement below:

PROMOTING RULE OF LAW AND HUMAN RIGHTS IN NIGERIA: NBA SIGNS MEMORANDUM OF PARTNERSHIP WITH THE NHRC

Dear Colleagues,

In line with its motto of Promoting the Rule of Law and respect for the Fundamental Rights of citizens, the Nigerian Bar Association (NBA), and the National Human Rights Commission (NHRC), signed a Memorandum of Partnership (MOP) on Friday, 30th October, 2020.

The MOP was executed by the President of the NBA, Mr. Olumide Akpata and the Executive Secretary of the NHRC, Mr. Tony Ojukwu detailing areas of collaboration between the two flagship human rights organizations which includes:

1.Assisting victims of human rights violations by the now disbanded Special Anti-Robbery Squad (SARS) and other units of the Nigerian Police in preparing and submitting their petitions before the Independent Investigative Panel set up by the Federal Government of Nigeria (FGN), and the Judicial Panel of Inquiry set up by State Governments for that purpose;

2. To cooperate in providing legal aid to victims of human rights violations by SARS and other units of the Nigerian Police before the Independent Investigative Panel and Judicial Panel of Inquiry established by the National Human Rights Commission and State Governments respectively, amongst other areas of collaboration.

After the execution of the memorandum, the Executive Secretary of the NHRC, Mr. Tony Ojukwu, thanked the President of the NBA, Olumide Akpata, for the initiative and commended his doggedness and commitment to issues of rights abuse in the country by state actors.

The President lauded the NHRC Boss for his giant strides in the human rights community and informed him of the readiness of the NBA to act as Amicus Curiae in the various investigative panels nationwide. He further stated that the NBA has already started this process in the Lagos panel and is perfecting plans to replicate same in other panels.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

How I Spent 22 Days In SARS Custody, Lost My Pregnancy — Victim Tells Lagos Judicial Panel

Ndubuisi Obiechina on October 31, 2020 tells the Lagos State Judicial Panel in Lekki how she lost her pregnancy while being detained by SARS in Ikeja.

The Lagos State Judicial Panel of Enquiry and Restitution for Victims of SARS related abuses and other matters Saturday heard the chilling details of how the now dissolved police unit allegedly tortured a pregnant teacher and her husband for 22 days, till she lost her baby.

Ogechukwu Obiechina and his wife Ndubuisi told the panel that the incident occurred in June 2017 after the operatives falsely labelled her a thief and kidnapper.

Mrs Ndubuisi, who spoke for the couple, said she was two months pregnant at the time, but that during beatings, the men threatened to “force the baby out of me”.

She testified that following further trauma from the torture SARS operatives meted out on her husband during his second arrest in October 2017, she lost another pregnancy.

She said men of the Federal Special Anti-Robbery Squad (SARS) also stole her husband’s N50,000 and compelled them to cough up N400,000 as bail, before they were freed.

She told the panel that the couple in 2017 sued the Police at the Federal High Court in Lagos and won.

Justice Mohammed Idris ordered the Police to pay them N2million as compensation.

They also won at the Court of Appeal in Lagos in 2020 but the Police refused to comply with the judgment.

Mrs Ndubuisi identified some of her torturers as “Phillip Rilwan, Christian and Haruna Idowu,” all policemen.

Panel chair, Judge emeritus Doris Okuwobi, adjourned sitting till November 10, to give the mentioned operatives an opportunity to appear and respond to the allegations.

The Obiechinas’ testimony was the first of four petitions for the third day of sitting since the Lagos State Government set up the nine-member panel on October 15, following weeks of near nationwide #EndSARS protests.

The other petitioners are: Olusegun Openiyi; Francis Idum (deceased) and Olajide Fowotade. The fourth petition didn’t go on.

Mrs Ndubuisi, a private school teacher, said on June 1, she received a text message from an unknown number that she had a parcel from DHL. A caller using different numbers asked for her home or office address and she gave him her school address upon her husband’s advice.

It was the next day, June 2, 2017, that her ordeal began.

She said the men arrived at her school in a black Sports Utility Vehicle (SUV).

Mrs Ndubuisi said: “I saw a black jeep with huge men inside it. One of them was in a DHL uniform.

“Immediately, they approached me, they started beating me. They said I should enter inside. They said I was a thief, an armed robber. The one in the DHL uniform removed it. My HM (Headmistress) was peeping at us. I said let me go and tell her. They said no.”

The petitioner said she had a five-year-old son at the school, but they didn’t care.

” I said my kid is there, they said no, that I should follow them, that my kid would die there. My HM came to the gate; they pointed a gun at me. She asked what was going on.
They said ‘This woman is a thief, a kidnapper. She must follow us and go. They said they were Police, SARS.”

They pushed me inside the car and moved. The men were slapping, beating me. I was two months pregnant. I started vomiting. That’s when they found out I was pregnant. But they kept torturing me. I told them I did not know the suspect.

“They took me to their office at Ikeja. They took me to a shrine. They hanged me, beat me. They said they would force my baby out of me. They said I must produce the person or die there,” Mrs Obiechina said.

The witness testified further that her husband had been searching for her at different Police stations in Lagos. When he eventually found her, he was also arrested and tortured.

She continued: “Immediately they saw him, they started beating him. They put a tyre on his head, and said they would burn him alive. They started interrogating him, beat him with gun butt, hit him on the head with a stone.

“During the beating, I urinated on my clothes; they said my pregnancy was not my husband’s, that I should bring the man who impregnated me.”

She told the panel that they were put in different cells.

“…..I told them I had a five year-old son in school. They said ‘let him die there,” the petitioner said, adding that they eventually allowed her and her husband to call people to take care of their son.

“My husband was in Cell 1, I was in Cell 2. It was a high open room. Rain and sun beat us.”

They were eventually released upon payment of N250,000 and N150,000 “bail”, but her husband was re-arrested in October same year, during which she lost another pregnancy due to the fresh torture and trauma.

She said: “While we were preparing for church on a Sunday, Philip Rilwan, Haruna and other SARS operatives intruded into our house.

“I called our lawyer and I also called Christian when they were going. ‘You know first time I lost my baby. Now I’m pregnant and my doctor said I don’t need any stress. Tell me where you are taking my husband to.’

“Christian replied, ‘Oga said he wants to see him.’ I asked who is Oga? and he said Philip and that the order is from Abba Kyari.

“They beat my husband, pushed him out in boxers. I was begging them, they said no. They took him away.”

She said as a result of the “emotional trauma” she lost her second pregnancy.

The panel chair admitted the two judgments as exhibits.

“Judgement in appeal CA/L/178 of 2018 COP and others against Mr Obiechina and another dated March 20, 2020, is hereby admitted and marked as Exhibit B,” Justice Okuwobi said.

The second petitioner, Mr Fowotade, wept before narrating how he was allegedly assaulted by two plain clothes operative of the Ketu Division of the Police in Lagos.

The policeman allegedly accused him of attempting to knock them down with his vehicle.

He told the panel that they removed two of his teeth before dragging him to their station.
The bike riding policemen were said to have accused him of attempting to run them over when he abruptly applied the brakes to avoid hitting a tricycle that veered off its lane.

One of them identified as Ayo was said to have head-butted the contractor on the mouth, knocking off two front teeth.

He testified that he was also thoroughly beaten up at the station, that even the Divisional Police Officer (DPO) was alarmed and reprimanded the policemen, when he found out.

Fowotade said weeks after, he was not himself and that he had spent hundreds of thousands trying to fix his teeth and leg.
“How can somebody just beat me up and nothing happened?”, he said.

When the panel asked him what he wanted, Fowotade said: “I want Justice”, adding that about N2million or N3miillion would help as compensation.

The panel adjourned further proceedings in all the petitions till November 10.

The panel is made up of the Chairman Justice Doris Okuwobi (Rtd); Mr Ebun Adegboruwa (SAN); Mr Taiwo Lakanu, a retired Deputy Inspector-General of Police and a founding member of SARS.

Other panelists are Mrs Oluwatoyin Odusanya, Director, Lagos State Directorate of Citizen’s Rights and Ms Patience Udoh, a representative of the civil society groups Mr Segun Awosanya (segalink) a human rights activist, Rinu Oduala, Temitope Majekodunmi and Mr Lucas Koyejo.

The panel sits from 10am to 4pm for six months. The designated sitting days are Tuesday, Friday and Saturday at the Lagos Court of Arbitration, No 1A, Remi Oluwode Street, Lekki Phase 1, Lagos.

Nigeria Must Be Recreated ― Gov Fayemi

Governor Kayode Fayemi of Ekiti state governor Kayode Fayemi has debunked the notion that our amalgamation in 1914 was a mistake. He further challenged all Nigerians to work together to build the nation, saying, “Sixty years may be a long time in the life of an individual. But a sixty-year-old nation, is a nation yet in its infancy.

Therefore, rather than despair over the failures of the past, I would rather we look ahead with great hopes at the infinite future that lies ahead of us, armed with that immortal admonition from the French West Indian psychiatrist and political philosopher, Frantz Fanon that “every generation must, out of relative obscurity, discover its mission, betray it or fulfil it.”

He said this when he delivered a speech at the Forum on the 50th Anniversary of the Centre for Historical Documentation and Research (Arewa House), Kaduna, Nigeria on Saturday, 30 October, 2020.

He added: “Nation-Building is a Continuous Work in Progress. I once read the story of a people who had been trying to build a wall for generations. Each time they came close to completing the wall, it would come crashing down and they would have to start all over; much like the curse of Sisyphus. Yet, every generation understood that it was its destiny to try and complete this wall.

History has taught them that the wall would never be completed, but they never gave up, with each generation hoping that it would be the generation that got the job done. In relating this story to our country, Nigeria, rather than a collapsing wall, I would think in terms of an infinite wall, whose height and greatness has no limits. It is the destiny of every generation to take it to a higher level, but the job will never be done. Reflecting on our recent history, it is easy to point at our many false starts, or even outright betrayal of our destiny. Despite the great efforts of the past sixty years, how come this wall has barely left the foundation stage, even with our enormous wealth of bricks and mortars and expert builders?”

Below is his full speech

UNFINISHED GREATNESS: Towards a more Perfect Union in Nigeria

Protocols and Introduction

1. I will like to start by thanking the leadership of Arewa House for the great honour of inviting me to speak at the golden jubilee of this great institution. I also want to congratulate you, both for this historic moment, and for the wonderful work you have done in the last fifty years; mobilising and interpreting our history to explain the present and illuminate the path to our future. Through a faithful and relentless engagement with history, Arewa House has indeed built a great history for itself. Congratulations.

2. This institution was founded with clear and deliberate intentions. One to immortalise the legacies of the great political leader and premier of the defunct Northern Nigeria, Sir Ahmadu Bello. Two, to serve as a bastion of the collective memory of the people of Northern Nigeria in particular, and Nigeria at large.

3. As a student of history, it is not lost on me the importance of the preservation of history in the evolution of any society, and I must commend you all for the great work that started in 1970 when Nigeria came out of the ashes of an unfortunate civil war and the Interim Common Services Agency (I.C.S.A), managing the common assets and liabilities of the then six Northern states established a “History of Northern Nigeria Committee” to, among other things document the history of the “North”. The committee recommended the establishment of a “Centre for Historical Documentation and Research” and Professor Abdullahi Smith, one of the foremost historians at the Ahmadu Bello University took up the pioneering role of establishing the centre. Since then, the Centre, popularly known as Arewa House has grown in leaps and bounds, moving its base in 1972 to the residential quarters and office complex of the late Premier of Northern Region, Sir Ahmadu Bello, Sardauna of Sokoto as the location where the centre will be domiciled.

4. The pioneers such as Professor Abdullahi Smith, Professor Abdullahi Mahdi and Dr. George Kwanashie, Dr Hammid Bobboyi, right up to the current leadership of Dr Shuaibu Shehu Aliyu all ensured that the centre was developed to a status that it attracted scholars from all over the world. When ICSA was abolished, Arewa House was transferred to Ahmadu Bello University as a research centre. It houses an Archive, a Library, a rich collection of books in a bookstore and a Museum complex. I have gone down memory lane to document the history of Arewa House in order the bring out the noble objectives and the commitment of the pioneers in establishing such an important centre of learning and knowledge sharing, clearly because they believed that successful societies are often built around knowledge and its value in human development.

5. I salute the memory of the great Sir Ahmadu Bello, whose central political philosophy was that every Nigerian, and indeed all human beings, are created equal and that they are endowed by God with rights among which are life, liberty, equal opportunity, blessings and the legitimate pursuit of happiness. Throughout his life and career, the late Sarduana of Sokoto espoused high morality and intellectual virtues in the public sphere – virtues that we would all do well to revisit and pay more attention to these days. His choice of a motto for the North is “Work and Worship” and to underscore that, in his Christmas message to citizens in 1959, he stated that “here in Northern Nigeria we have people of many different races, tribes and religions who are knit together by common history, common interests and common ideas, the things that unite us are stronger than the things that divide us.”

6. In speaking in this great citadel of research and learning, I must acknowledge that I’m following in the footsteps of giants who had been guest speakers at the Annual Arewa House Lecture. Elder Statesmen like General Yakubu Gowon, late President Shehu Shagari and my boss and leader, President Muhammadu Buhari. Respected scholars like Professor Ishaya Audu and Professor Abdullahi Smith, technocrats like Alhaji Liman Ciroma and Ambassador Jolly Tanko Yusuf, royalties like the late Sultan Abubakar III and Oba Erediuwa of Benin and religious leaders such as the late Abubakar Mahmud Gummi and Most Revd Matthew Hassan Kukah. I really do hope I am able to live up to the standards set by these previous distinguished speakers. I must thank the Planning Committee of the 50th anniversary for giving me the liberty and latitude to choose the topic of my lecture. I have chosen to speak today on a topic that encapsulates the challenges of the last fifty years in addition to embodying our unflagging quest for unity and national integration. Events of the past few weeks have brought to stark focus our beleaguered nation-building journey which reached a significant landmark of sixty years on October 1, 2020.

7. The topic of my reflection is ‘’Unfinished Greatness – Towards a More Perfect Union in Nigeria”. This topic rests on a core assumption that there was a ‘greatness’ or at least a journey towards ‘greatness’, which has remained unfinished. It also asserts that it is only by building a more perfect union, that we can accomplish the task of greatness for which we have demonstrated so much potentials for the better part of our history. The question of our “Unfinished Greatness” was posed by the late former President Umaru Musa Yar’Adua in his presidential address commemorating Nigeria’s 49th independence anniversary on October 1, 2009: “Today should be a forceful reminder of our unfinished greatness, of the promise yet to be fulfilled, of the dream deferred for too long, and of the work that is still outstanding.”

8. Indeed, not many would disagree with the premise that there is a significant gap between our potentials for greatness as a country, and where we are now, and it is the duty of all well-meaning Nigerians to leverage progressive avenues and platforms such as this, to interrogate the issues to determine where we are on our journey to greatness, our historical missteps, our achievements, and most importantly, the imperatives towards a “more perfect union”.

9. These issues have become particularly germane against the backdrop of the significant events of the recent past. First, the Coronavirus (COVID-19) pandemic which negatively impacted the economies of all countries, especially those in the global south. Nigeria was no exception, and we continue to contend with the pressures at the federal and sub-national levels, towards ensuring the right policies and interventions that would help us steady the ship of state to calmer waters. Second, the youth-led demonstrations against police brutality #EndSARS which metamorphosed into agitations beyond the main subject, to encompass demands for more holistic reforms that would ensure our country becomes more just, fair, and inclusive to our youth demography which forms the majority of our population.

Nation-Building is a Continuous Work in Progress
10. I once read the story of a people who had been trying to build a wall for generations. Each time they came close to completing the wall, it would come crashing down and they would have to start all over; much like the curse of Sisyphus. Yet, every generation understood that it was its destiny to try and complete this wall. History has taught them that the wall would never be completed, but they never gave up, with each generation hoping that it would be the generation that got the job done. In relating this story to our country, Nigeria, rather than a collapsing wall, I would think in terms of an infinite wall, whose height and greatness has no limits. It is the destiny of every generation to take it to a higher level, but the job will never be done. Reflecting on our recent history, it is easy to point at our many false starts, or even outright betrayal of our destiny. Despite the great efforts of the past sixty years, how come this wall has barely left the foundation stage, even with our enormous wealth of bricks and mortars and expert builders?

11. Sixty years may be a long time in the life of an individual. But a sixty-year-old nation, is a nation yet in its infancy. Therefore, rather than despair over the failures of the past, I would rather we look ahead with great hopes at the infinite future that lies ahead of us, armed with that immortal admonition from the French West Indian psychiatrist and political philosopher, Frantz Fanon that “every generation must, out of relative obscurity, discover its mission, betray it or fulfil it.”

12. Over the years, Nigerians have agonised over the lamentably slow pace of our development. Successive governments and policy makers have responded with various approaches and strategies for achieving the much desired national development. Yet, even the most charitable analyst of our political economy would be forced to agree that we have not performed to our optimum capacity. In trying to explain our development conundrum, several factors have been put forward. However, it appears to me that the fundamental challenge is that we have all along positioned the cart before the horse. Before we can think of development, the first task that we have is that of nation-building. You cannot develop what you do not have. When the Nobel Laureate, Wole Soyinka asked “When is a Nation,” he was attempting to draw our attention to those questions of nation-building that have remained unanswered till this day. The development of a nation necessarily derives from “elite consensus”. However, this consensus can only be forged after some fundamental questions, what we call the national questions, have been settled. Where the very existence of the nation itself is easily brought to question at the slightest provocation, then it becomes clear that our primary task is to build a nation first, as a fundamental basis for achieving development. In other words, the very notion of national greatness is directly consequential to nation-building.

13. Over the years, I have heard even presumably informed analysts referred to our country as the mistake of 1914. But was it really a mistake? The American social philosopher, Eric Hoffer argued that divide and rule is most effective when it “fosters a multiplicity of compact bodies – racial, religious or economic – vying with and suspicious of each other.” Therefore, it is possible to argue that the toxic legacy of the colonial ‘divide and rule’ strategy may be the reason that we have remained divided even 60 years after their rule has ended. However, to describe this amalgamation itself as a mistake would be wrong, both historically and conceptually.

14. Every student of history will agree that as a people, if not as a country, Lord Lugard did not introduce us to ourselves. Long before the white man set his foot on our land, our people have developed an intricate network of relationships. Even though they lived in their various enclaves as independent people, they traded together, they married one another, they fought together as allies in battles and against one another as adversaries. Our cultures inter-mingled and produced a rich synthesis of cultures, in such a way that no single culture is left pure and unaffected through new vocabularies, diets and even dress. Many of our empires and kingdoms were also territorial rather than tribal. They luxuriated and thrived on their diversity and formed unions and alliances based on shared understanding and mutual respects.

15. The colonialists may be “culpable” for creating the country that we call Nigeria, without consulting us, but the task of forging a nation out of this colonial invention, rests squarely in our hands. Among other things, this must start with deliberate effort to remobilise and re-interpret our history, especially our pre-colonial history. A sociological interpretation of our history will show clearly that we did not arrive here by chance or as mere products of colonial misadventure. In his book, titled, “Can Anything Good Come Out of History?” renowned historian, Obaro Ikime observed, that it is not colonialism that introduced the Igbos to the Igalas; the Kanuris to its neighbouring states; the Efik to the Ibibios and the Igbos; the Itsekiri to the Urhobos or; the Yorubas to the Nupes, etc. Forced together, sometimes by forces of geography and history, all these people, he noted, “knew about themselves and respected their varying cultures and susceptibilities.” He went further to underline the important roles that historians and teachers of history have to play as we strive to build a united nation out of this colonial legacy called Nigeria. He argued that “There is a need to provide a general framework of our nation’s history; a need to indicate broad influences and operative factors in our history; a need to identify the nature and impact of contacts between our peoples; a need to identify factors that make for the differences discernible among our peoples; and so on.”

16. One of the most popular anecdotes that survived from our early efforts at nation building was the one credited to the late Sardauna of Sokoto, Sir Ahmadu Bello, who was said to have retorted that we do not need to forget our differences, rather we only need to recognise and respect them. It is not clear to what extent this wise admonition was taken on board by our founding fathers as they tried to grappled with the challenges of nation-building in a post-colonial Nigeria. However, embedded in the notion of “unity in diversity” is a distinct awareness that sameness is not necessarily a precondition for oneness. Perhaps, one major area that the successive generation has failed is in the tendency to stigmatise difference and weaponise diversity. We are Muslims, we are Christians, we are animists, we are Idoma, Tiv, Angas, Igbo, Hausa, Yoruba, Kanuri, Fulani and so on. We don’t need to apologise for these differences or attempt to hide them. The problem starts when these social categorisations become the boundaries for inclusion or exclusion.

17. Development anthropologists have long concluded that culture plays a crucial role in development. In other words, every culture contains essential facilities for progress and advancement. The language in which we articulate our ideas; our diets and consumption patterns; our architectures and the way we live; our religion and how we understand our relationship with God and to the universe, our notion of ethics, morality and justice, all of these, in different forms and at different levels, provide the essential driving force for development. What this means therefore, is that the more diverse the cultures within a nation, the more resources they have for development and for progress. In essence, homogeneity is not necessarily a blessing and diversity needs not be a curse. This is why we must always make the distinction between our differences, which is essentially benign, and the politicisation of those differences which is the malignant cancer in the body of our nation.

18. What we have failed to take full advantage of is the fact that our diversity is indeed a source of strength. Our ability to live together as a diverse but unified country is something we should celebrate. It is what makes us better than even Europeans who find diversity management difficult. The Balkans had to split into Sweden, Norway and Finland. Czechoslovakia became Czech and Slovak nations, the Soviet Union couldn’t hold together, Yugoslavia collapsed into Serbia, Bosnia, Croatia and Herzegovinia and Britain still has not found a definitive answer to the Irish, Welsh and Scottish question. But imagine Nigeria with over 250 ethnic nationalities and particularly in Arewa, where no state, indeed few communities can claim to be homogeneous. Yet we are managing our diversity very well until we lost the values of tolerance, equity, fairness and justice which we inherited from our founding fathers such as the Sardauna of Sokoto.

19. Precisely because we have refrained from heeding the wise counsel of Shehu Usumanu Dan Fodiye in his book Bayan Wujub al-Hijra “One of the swiftest ways of destroying a State is to give preference to one particular tribe over another or to show favour to one group of people rather than another.” Reading through the research conducted by the Arewa Research Development Project, one of the foremost, contemporary research projects in Northern Nigeria, I was struck by the conclusion on one of the research projects, “In contemporary world, issues of nation-building are increasingly being centred around citizenship rights and equality in accessing these rights, special and conscious efforts to safeguard minorities and disadvantaged groups, gender equality in political and socio-economic spheres of a nation, protection of cultural assets….” These are indeed conditions that will ensure political integration and progressive development.

20. In the days of the Sardauna Sir Ahmadu Bello, respect for each other’s faith was a norm. The late Ambassador Jolly Tanko Yusuf, one of the young technocrats close to the Sardauna once shared a story here at Arewa House of how the Sardauna supported them to establish the Northern Christian Association on the 10th of April 1964. He recalled that he and Mr. Edward Manuso, the then Provincial Commissioner for Sardauna Province wrote a letter to the late Premier and engaged him on the matter without any form of hostility or reprimand. His testimony was equally corroborated by late Chief Sunday Awoniyi that the Sardauna, Sir Ahmadu Bello ensured that Muslims and Christians had equitable access to the corridors of power. This spoke to the motto, ‘Work and Worship’ and to the values of hardwork, accountability, honesty, dedication to duty, selfless service to the people, religious tolerance, foresight and vision. Many of these values cohere to what those from my part of the country know as “Omoluabi” ethos and what is commonly known here as Mutumin Kirki – The concept of the Good Man in Hausa, apology to Tony Kirk-Greene.

21. Even so, with all of these qualities and virtues, we must also acknowledge that State building is a slow and dynamic process. It involves experimentation and learning, trial and errors, setting and resetting. This is why the operative framework is never intended as a divinely inspired scripture. Many of the challenges that we face today could not have been envisaged in 1999. However, even as daunting as these challenges are, we must see them as opportunities to test our governance system and its responsive capacity to the challenges of our national existence. The integrity of our governance and administrative system must be continually measured in terms of its ability to deliver the greater good to the greatest number of our people. If it is not able to do this, we must be willing to press the reset button and ask ourselves why is the system that we all must submit not working for all?

22. We must therefore appreciate the responsibilities that our destiny has imposed on us. We have to start by first conquering the demon of mutual suspicion and distrust that has poisoned our politics and subverted our will to forge the necessary consensus that is so crucial to marching confidently towards our destiny as a great nation. If we do this, we would have scaled the major obstacle to forging a great nation out of this colonial creation and show the world that we are finally ready to embrace our true destiny as the hope of all black people everywhere.

Imperatives for a ‘More Perfect Union’
23. The word “perfect” is superlative. Therefore, to speak of building a “more perfect” union is to be superfluous. But embedded in that deliberate superfluity is a fundamental notion of eternal work in progress, a perpetual commitment to perfection and improvement no matter how satisfying or dissatisfying the present condition. The second stanza of our national anthem ends with an infinitive that underlines that nation building is an unending search for perfection. It says: “To build a nation, where peace and justice shall reign.” For the next one thousand years, no matter the progress we would have made, as long as the country continue to exist, generations after generations, will continue to seek “to build a nation, where peace and justice shall reign.” It is credit to the genius of whoever invented that line that both the mission and the means to achieve it is captured in one simple phrase. The path to nation-building is peace, the path to peace is justice, and the path to justice is equity and inclusion. Even for Americans who coined the mantra, “a more perfect union’, it was done out of the understanding that the work of nation building is never done. If a country like the United States, forged out of a common purpose and common consent, perpetually seeks to make a more perfect union, we have no excuse to give up on the task of nation-building in Nigeria.

24. Permit me to quote the award winning Nigerian writer, Ben Okri, who wrote that “each new generation begins with nothing and with everything. They know all the earlier mistakes. They may not know that they know, but they do. They know the early plans, the original intentions, the earliest dreams. Each generation has to reconnect the dreams for themselves. They tend to become a little wiser, but don’t go very far. It is possible that they now travel slower, and will make bigger mistakes. That is how they are as a people. They have an infinity of hope and an eternity of struggles. Nothing can destroy them except themselves and they will never finish the road that is their soul and they do not know it.” Okri tells us that the work of nation building is for all generations. And how far each generation is able to go on the journey to nation-building and the attainment of greatness depends on the aggregate character and predilections of that generation. Perhaps, as products of a specific period of our history and national experience, we are distrustful of change even if change is what our situation recommends. We must however take note that the generation that wants to take over from us are products of a different historical experience. A great number of young Nigerians marching on the streets in protest never lived under military rule. They are akin to the people post-apartheid South Africans refer to as the “born free’ generation. Because they can take the fact of democracy for granted, it will not be enough to them to see democracy as an end in itself. What matters to them is what democracy can do for them. Nurtured in the cusp of some of the most rapid transformation in human history, they are less fearful of change and experimentation. If it is not working, they want it fixed, and fixed immediately.

25. This is why anyone who holds a semblance of power or authority in this country should be deeply worried by the events of the past few weeks. What started as an innocuous online protest over police brutality snowballed before our very eyes into a mass movement that assumed more frightening dimensions. From the demand to #EndSARS, we have seen vigorous demands for greater accountability, and greater efficiency in government. What I understand the youths to be saying is that we the older generation have failed them by our inability to create a system that supports their dreams and accommodate their aspirations. From the language of their protests, we can see clearly that our youths feel pushed to the margins of our nation’s socio-political and economic structures. It is incumbent on us to listen to what they are saying and a lot more that they are probably not saying yet.

26. For over a decade, several analysts have noted that our massive youth population could be a major demographic advantage to our country if it is properly nurtured. Failure to make the right investments to support this population is turning it to a major disruptive force and a time bomb. I am afraid that the bomb has started to tick and we must act fast.

27. In responding to the challenges that this moment imposes on us, we must recognise that a business-as-usual approach will no longer be sufficient. What we need is a fundamental re-engineering of our governance system in a way that will make our country work better for everyone. I understand the recent protest as a discursive signal that encapsulates the frustration of our young people at multiple levels. We must therefore engage it as such and try to focus on the opportunities that the situation presents.

Restructuring, Devolution, Fiscal Federalism and Greatness
28. In our quest towards a more perfect union therefore, the main challenge is one of re-creating the union and the basis of its fundamental national association. Unfortunately for us as a people, it is a challenge that has been affected by mutual suspicion and unnecessary brickbats. Caught in our politics of difference and otherness, devolution, decentralisation and restructuring often used as synonyms and such other epithets have come to mean different things to different peoples, depending on the ethnic and regional toga they wear. Our age-long distrusts and suspicions of one another are now being tested and contested on these epithets. However, stripped of all opportunism and dysfunctional baggage, these epithets should simply refer to a way to re-imagine and reinvent our country to make it work well for everyone. In fact, I associate fully with the views of respected scholar and former Chairman of INEC, Professor Attahiru Jega when he opined that “sooner than later, these matters have to be addressed squarely but dispassionately. The challenge is how to address the issue of restructuring the Nigerian federal system without upsetting the apple-cart; that is, how to add value to the structure and systemic efficacy of the federal arrangement, without unleashing instability occasioned by the mobilisation of ethnic, regional and religious sentiments and identities.” [Jega:2017]

29. I will argue therefore, that our idea of restructuring must be motivated only by our generational responsibility to perfect our union and to build a nation where peace and justice shall reign based on an operative principle that true greatness lies in building a country that works for everyone, regardless of the language they speak, or how they understand and worship God.

30. The evolution of Nigeria’s federalism has not served our best interests and it is not surprising that there have been protests and attempts at constitutional reengineering. Two prominent examples were the 2005 Constitutional Reform Conference convened by President Obasanjo’s administration and the 2014 National Conference at the instance of President Jonathan’s. In the two conferences, one recurrent and topical issue remains how to remake and allocate powers and resources.

31. However, the truth is that in a democratic dispensation, roots and branch structural changes (like region or state creation) would appear to me unrealistic as we cannot easily go back to the pre-1966 regional structure nor is the 54 federating units proposal of the 2014 conference realistic, no matter the appeal or attraction. Rather, our preoccupations should be, how can we better organize, mobilize, and collaborate for the inevitable task of stability, nation-building and economic productivity?

32. Even at that, the more contentious parts of our quest for a more perfect union resonates/revolves around devolution of powers – that is, re-allocation of powers and resources and reconfiguring the country’s federating units. The reasons for this are not far-fetched. First, long years of military rule has produced a concentration of powers and resources at the centre to the detriment of the federating units. Two, the 1999 constitution, as has been argued by several observers, was hurriedly put together by the departing military authority and was not a product of sufficient inclusiveness. Part of the focus of reconfiguring exercise should be: what items should remain on the exclusive legislative list and which ones should be transferred to the concurrent and residual lists? Other topical issues include derivation principle; fiscal federalism and revenue allocation; land tenure, local government creation and autonomy; etc.

33. Again, in arriving at a position on what ought to be in the quest for a more perfect union, I wish to further say that my sentiments are more associated with strengthening the sub-national units in the re-allocation of powers and resources. The assignment of functions that would be consistent with a devolved but strengthened federal system would have a short, exclusive federal list focusing on national defence and security, macro-economy, foreign affairs, customs and excise; joint responsibility in respect of certain functions that are currently assigned exclusively to the federal government (for example, internal security and policing) and primary responsibility of the sub-national governments in respect of the other functions in the second schedule of the 1999 constitution whilst the remaining powers devolve to states.

34. On revenue collection and sharing, the position of the Nigeria Governors’ Forum bears restating. It is that the sharing formula should be reviewed in favour of the states, especially given the argument of devolved responsibilities to the sub-nationals. In the context of the proposed new Federal structure, Governors’ have argued for a formula along the lines of 42% to states, 35% to the Federal and 23% to Local Governments.

35. Remaking Nigeria through devolution of powers and re-organisation of the federating units is an idea whose time has come. To quote Professor Attahiru Jega, again,, “by working hard and rationally, scientifically, to remove all the distortions in our federal system, we would have a better functioning federation with only states as federating units; with conscious commitment to zonal cooperation among contiguous states, with local governments subsumed under states…with substantial devolution of power, responsibilities and resources from the federal government to the states, and with mechanisms of ensuring greater equality of opportunity for all and affirmative action for inclusion of the marginalised, minorities and groups discriminated against in the country…”[Jega:2017]

Greatness beckons – The Power of Leadership
36. While we set out as a country on a somewhat progressive footing under the ‘Founding Fathers’, the reversals that we experienced mainly from the implosions that arose within the polity and the incursion of authoritarian rule, alongside its ‘civilian’ inflections, enthroned a paradigm of government and public governance that coalesced around waste, bureaucratic inefficiency, red-tapism and certainly, corrosive corruption.

37. Thereafter, we witnessed how the State became more and more unitary, and how the contest for the privileges of the centre took on an increasingly desperate tenor among the different groups and stakeholders in the country. While corruption and state exclusion thrived, several groups began to feel a sense of alienation, leading to their desertion of a sense of national citizenship and affiliation to the State, which they subsequently considered as being a contraption to be exploited for individual ‘gain’ – a ‘cake’ that everyone needed to grab a share of. Thus, whatever could be taken out of the centre – more so illegally – was considered acceptable and just within the perception of local interest.

38. From the foregoing, what is evident is that, most prominently at the national level, the Nigerian post-colonial state has not behaved in a fundamentally different way from the colonial state. Even though operated by Nigerians, the post-colonial state has been as alien and as predatory as its colonial predecessor. As late Professor Claude Ake argued in the early 1990s, this legacy has its roots in the colonial era when political discourse excluded not only democracy but even the idea of good government, and politics was reduced to the clash of one exclusive claim to power against another. The question therefore is: How can the business of state be serious business in a context in which public governance is largely a predatory exercise in which power is captured from citizens and not freely given by citizens; a context in which the consent of the people is not integral to the constitution of legitimacy?

39. Against the backdrop of the post-colonial state in Africa, it is still possible to argue that political leadership remains a major determinant of good public governance. The African experience, among others, has shown that the quality, vision, patriotism and competence of the political leadership is critical to the transformation of African states and the possibilities of good governance. In our specific experience in Nigeria, we also have experiences of how the quality of the leadership has produced good system of public governance, even if few and far between. One can readily give the examples of Northern Nigeria under Sir Ahmadu Bello and Western Nigeria under Chief Obafemi Awolowo.

40. Yet, important as the power of leadership by example is, until and unless we re-compose the Nigerian State and make it to derive her original consent and legitimacy from the people, then we labour in vain. Contrary to the pretensions of neo-liberal economists, without a modern state, there cannot be an economy or society; therefore, before public governance, there must be a modern state in the real sense. A predatory state cannot give birth to proper public governance and a sense of justice and fairness.

41. Those of us in public office may delude ourselves, but the events of the past few weeks have brought the contradictions of the Nigerian state into a sharper focus. Whether your immediate concern is police brutality and the need for police reform or you reflect upon the rationale and the challenges of those who insist that unless and until Nigeria becomes a theocracy, there shall be blood and tears unlimited; whether you look towards the Niger Delta where, despite the amnesty and the industry of graft and greed that it has re-produced, there is a continuous and bloody demand for justice and equity; or you examine the endless pretexts for ethnic strife and blood-letting between the so called indigenous people and the “settlers” in the Middle Belt; whether you scrutinise the regular apocalyptic predictions of highly placed Nigerians about the fate of the country, or you contemplate what would happen if measures are not taken to arrest the drift, you cannot but come to the conclusion that Nigeria needs to be re-created.

42. Equity, fairness and justice are imperatives of a prosperous and progressive society. Peace is definitely not the absence of conflicts within a polity but indeed the presence of social justice. Excellencies, Royal Highnesses, Distinguished Guests, I leave you with another famous quotation from Shehu Usmanu Dan Fodiyo which I understand had been the guiding principle of Sardauna’s leadership style in life. In his book, Bayan Wujub al-Hijra, the great Islamic reformer said “A kingdom can endure with unbelief, but it cannot endure with injustice.” May we have the courage and the conviction to confront injustice in our country.

43. I thank you for listening.

-Text of the Address by His Excellency, Dr. Kayode Fayemi, CON, Governor, Ekiti State, Nigeria and Chairman, Nigeria Governors’ Forum on the 50th Anniversary of the Centre for Historical Documentation and Research (Arewa House), Kaduna, Nigeria | Saturday, October 31, 2020

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