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Osun guber election petition: Mistake of counsel and Supreme Court as whipping boy

By Lillian Okenwa

When the news broke on Friday, July 5, 2019 that Nigeria’s Supreme Court has affirmed the election of Gboyega Oyetola of the All Progressives Congress, APC, as governor of Osun state, many concluded that the Supreme Court has mired itself in politics and corruption.
What many do not know is that the Senator Ademola Adeleke v. Adegboyega Isiaka Oyetola, Osun state election petition determined by the Supreme Court had nothing to do with who won the election.
Also many do not know that the question of electoral violence, rigging, over voting and all never arose at the apex court and that Hon. Justice Olabode Rhodes-Vivour did not affirm the election of Oyetola as winner of Osun state governorship election.
It was the opinion of many Nigerians that the Independent National Electoral Commission, INEC merely paved way to edge Adeleke out by cancelling 3, 498 votes and ordering a rerun in seven polling units when he was already leading in the election.
All that is history now and Governor Oyetola has since been enthroned while the amiable dancing Senator Adeleke of the Peoples Democratic Party, PDP, is quietly licking his wounds somewhere.
What has not settled is the role of the Supreme Court in all this as Hon. Justice Rhodes Vivour who wrote the leading judgment has been described as a corrupt and unfair judge who turns justice on its head.
Essentially, the Supreme Court held that the judgement of the trial tribunal is a nullity because one of the judges that make up the three man panel did not sit on the day the testimonies of Respondents’ Witnesses 12 and 13 were taken.
The nagging question is – Did Hon. Justice Obiorah sit on February 2019? Now the Record of Appeal is the only document that gives an indication of what took place in court. The court has a task of taking notice of its contents and resolving issues as in this case as to whether the said judge sat or not.
It turned out that when Oyetola’s counsel, Chief Wole Olanikpekun, SAN pointed out that Obiorah that not sit on 6th February, 2019, Adeleke’s counsel, Dr. Onyechi Ikpeazu, SAN agreed that it was so.
Dismissing the non-participation of Justice Obiorah in the 6th February, 2019 proceedings at the Court of Appeal, Ikpeazu said:
“…non-participation of Obiorah J in the proceedings of 6 February, 2019 thereby rendering the proceedings a nullity is a mistaken postulation because the fact that all members of the Tribunal or that the Chairman of a Tribunal did not sit in on all the proceedings of the Tribunal is neither an issue of lack of jurisdiction nor a matter of nullity of the proceedings.”
He did not dispute the accuracy of the proceedings to the effect that Justice Obiorah did not sit on 6 February, 2019. It must be noted that in every proceeding before the Tribunal, Obiora signed at the end of the proceedings for the day except on February 6, 2019.
In his processes at the Court of Appeal, Ikpeazu maintained that Justice Obiorah did not sit on February 6, 2019 but did a summersault at the Supreme Court saying that there are conflicts in the Record of Appeal.
In his judgment, Rhodes Vivour cited Oputa JSC thus: “‘A party should be consistent in stating his case and consistent in proving it. He will not be allowed to take one stance in the pleading then turn summersault during trial. Justice is much more than a game of hide and seek. It is an attempt on our human imperfections notwithstanding to discover the truth…’
Continuing, he revealed that: “An appeal is a rehearing of the case. Parties must maintain the same stance on the facts rights up to the Supreme Court. Though counsel, at times present the semblance of truth, the judge is expected to pursue the truth.
“The appellant cannot say in the Court of Appeal that the non-participation of Obiorah J in the proceedings of 6 February, 2019 is neither an issue of lack of jurisdiction nor a matter of nullity of the proceeding then in the Supreme Court say that the Record of Appeal is in conflict, but fail to say what the conflict is.
“A party must be consistent with the case he sets up and not shit ground in another court as it suits his fancy. That is precisely what the appellants are doing and that is legally wrong.
“Finally, I must observe that the heading of the day’s proceedings are written by the Registrar of Court signifying the Judge/s that would sit on the day. This may not necessarily be so.
“The signature/s at the end of the proceedings for the day indicates which judge sat to hear the proceedings. on 6 February, 2019 Obiorah’s name appears on the top of the page for the proceedings of the day, but at the end of the day’s proceedings Obiorah J did not sign and that was the only proceeding that he did not sign at the end of the day.
“Right from the Court of Appeal, Dr. O. Ikpeazu SAN and Chief Wole Olanikpekun, SAN agreed that Obiorah J did not sign. The Record of Appeal supports their stance. I am in the circumstances satisfied with the decision of the Court of Appeal that, on 6 February, 2019, Obiorah J did not sit and so did not sign the proceedings for the day…”
After citing a plethora of previously decided cases by the Supreme Court and the West African Court of Appeal, WACA, Rhodes-Vivour further stated thus: “…His absence during the hearing on 6 February, 2019 affects the soundness of the judgment since he never saw or heard the testimony of RW 12 and RW13…
“…It is elementary that in such a situation Obiorah J cannot come back to sit as if he never absented himself. The Proper order in such a situation is for the case to start de novo (all over) and for counsel to try and suggest before this court that there might be conflicts in the Record of Appeal.
“The correct order is to declare the judgment of the Trial Tribunal a nullity as a result of one of the panellists not sitting on a day proceedings were held.
“Learned counsel for the appellants ought to have advised his clients that failure of Obiorah J to sit on 6 February, 2019 and then return to court and prepare and deliver majority judgment is a fundamental error.
“The Tribunal was not properly constituted as regards numbers of the panellists on 6 February, 2019. The absence of Obiorah J, from the proceedings …affected the competence of the Tribunal to deliver a judgment in any form…”
Ordinarily, the matter should have been referred back to the Trial Tribunal for retrial so that the testimonies of RW 12 and 13 could be taken before the proper number of judges. Unfortunately, the 180 days designated for hearing of election matters had elapsed at this time. Sending the matter back would have been futile.
A Trial Tribunal is properly constituted when three judges sit. That is the quorum. Anything to the contrary becomes a nullity.
More so, when a judge who was absent on a day’s proceedings comes back to write the lead judgment, the action would negate the entire process. This is because he did not fully participate and so do not have knowledge of the whole hearing.

Police brutality at WACOL

Official Press Statement on the Police brutality at WACOL office, Enugu

By Joy Ngozi Ezeilo

On Monday the 27th day of January 2020, one Miss (Name withheld) a 21 year old lady made a distress call to Women Aid Collective (WACOL)’s office in Enugu, Enugu State that she was raped that evening by one Mr. Uchenna James Emenike, a 22 year old man at Corridor Layout Maryland Enugu.

Our legal team considered her report and thought it wise that rape was such a serious criminal matter that should require Police intervention and investigation. To that effect, one of the lawyers in our office, Ibangah Goodness Esq. took the victim to Area Command Enugu, Enugu State with a petition informing the Police of the development and requested that the matter be investigated.

She handed the victim over to them and was also present when they obtained a statement from her. At that point, it was reasonably expected that the Police had formally taken over investigation of this matter from us.

The Police later called Ibangah Goodness Esq. requesting that she provides the victim to them as the parents of the suspect had plans of settling the issue with the victim and her family. She told them that she had handed over the matter to them and therefore they should source the victim by themselves with the contact details she provided in her statement with them.

Rather, the Area commander and some other officers at the station kept calling Ibangah Goodness Esq and trying to intimidate her and coerce her to provide the victim for settlement with the boys parent. To our utmost dismay, Yesterday, 30th January, 2020 four Police officers from Area Command Enugu, Enugu stormed our office and still requested that our office should provide the victim for them.

The legal unit repeated to them that they had already handed over the matter to them and that they should look for the victim themselves using the contact details she provided in her statement at their office and still in their presence tried to contact the victim who said that she was on her way to the station.

These officers failed to listen but instead began entering all the rooms in the office building and when they saw Ibangah Goodness Esq. who happened to be in a meeting. They mercilessly beat up Ibangah Goodness Esq. to a state of near unconsciousness. They extended the beating to Miss Nneka Okwor, another member of our staff when she made to plead with them to stop beating Goodness.

These police Officers took the phone of Ibangah Goodness Esq. and confisticated the phone of anyone who dared to take pictures, record or video their hideous acts. They also destroyed some WACOL’s office doors in the process. It was such a dastardly beating that at a point Goodness ran into the office toilet to save her dear life, yet the four of them chased her like a hardened criminal into the toilet, dragged her out and continued beating this helpless and unarmed lady who was assisting the Police to curb crimes in the state.

And what was her offence? She brought a lady who reported to our office to have been raped to them. After beating her to their satisfaction, they whisked her away to their office alongside Ezeani Esq.who was outside when the incident happened. While this was going on, the crowd of people who came to WACOL with their different matters ran away. This happened around 2pm. At Area Command the two lawyers were detained and their two phones collected from them and seized.

The officers insisted that the victim must be provided by the lawyers before they would be released. On getting to the station the parents of the alleged rapist and the police officers started abusing and maltreating Ibangah Goodness esq. and the other lawyer who was also with her. Ibangah Goodness told them that she was having breathing difficulty and needed her medical attention as a matter of urgency, they turned a deaf ear to her plea and continued to force her to make a statement and also produce the victim for settlement.

Around 3:00 pm Goodness Esq. fainted and collapsed while still in custody and was not rushed to the hospital until after 20 minutes when Daniel Onyeonagu Esq. one of our Pro Bono Lawyers who saw Police reluctance to provide their own vehicle took her in his car to the National Orthopeadic Hospital, Emergency Unit.

Two Police officers accompanied him in his car. Just before they got to the hospital, Goodness Ibangah Esq. became totally unconscious and lifeless. It took the timely intervention of the doctors at the hospital who used their Oxygen and other necessary medical equipment to revive her. Immediately they arrived at the hospital and before she was revived, the two police officers who had her in their custody and who accompanied Daniel Onyeonagu Esq. to the hospital thought she had died and ran way.

They detained Ezeani Esq. who was outside WACOL office when they were beating Goodness Esq. inside our office. She remained in their custody from around 2pm noon till 6:00pm when she was finally released after obtaining a statement from her. Up till now, they have not inquired the state of the lady who they beatup and who fainted while in their custody and who they also guarded to the hospital.

This is the height of abuse of Police power, harassing and beating up a human rights lawyer working in an office that has set unprecedented records of assisting the Police in curbing crimes in the country. It is a mockery to an office such as ours and is totally unacceptable and must be fully investigated to bring the culprits to book.

Prof. Joy Ngozi Ezeilo (OON)

14-year-old girl with world's most beautiful handwriting

By Mildred Europa Taylor

A 14-year-old student has gained widespread praise and recognition for being a master of a dying art – amazing handwriting skills.

Year 8 student Prakriti Malla first gained national attention in her native Nepal last year, was subsequently given an award by the Nepalese government and has in recent months gone viral worldwide on a range of social media platforms.

In a page written by Malla circulated by users of Facebook, Twitter and Reddit, she writes that “handwriting is an essential skill for both children and adults.”

“Even in the age of technology, it remains the primary tool of communication and knowledge assessment for students in the classroom.”Dr Kirstin Ferguson✔@kirstinferguson

This is the handwriting of Nepalese Yr 8 student Prakriti Malla which was recognised as the most beautiful handwriting in the world #writing

View image on Twitter

Thousands of netizens have shared her work, with some suggesting that Microsoft adopt Malla’s handwriting as an official font in their products. One person tweeted: “Reminds me of my father’s writing, he left school at 13, would have been 101 now. That’s the way kids were taught to write once upon a time.”

Nepal’s government has even recognised the student as having the country’s most beautiful signature, reported the Maharashtra Times.

“A 1992 study … found that 85 percent of all fine motor time in second – fourth – and sixth-grade classrooms was spent on paper and pencil activities. A more recent study … noted that kindergarten children are now spending 42 percent of their fine motor time on paper and pencil activities,” writes Malla.

“Furthermore, good handwriting is important long after graduation.”

Prakriti Malla is a goddess of handwriting, so skilled in the art of writing that she is being recognized all over the world now. She is 14 years old and a secondary school student.

Her writing has been argued to beat that of computer fonts, they are just too beautiful.

She was barely known until her handwriting made it’s way into the social media, and now she has gotten the attention of the world, she has gone viral with her perfect calligraphic skill.

Prakriti Malla is a goddess of handwriting, so skilled in the art of writing that she is being recognized all over the world now. She is 14 years old and a secondary school student.

Her writing has been argued to beat that of computer fonts, they are just too beautiful.

She was barely known until her handwriting made it’s way into the social media, and now she has gotten the attention of the world, she has gone viral with her perfect calligraphic skill.

Her writing skills wasn’t learnt, it was innate, she had only to practice and become perfect at it.

face2faceafrica

Banyankole: The tribe in Uganda that allows bride’s aunt to sleep with groom before marriage

Mildred Europa Taylor

How much influence should aunties have on their nieces? In many African cultures, aunties provide counselling to their young nieces as they age from adolescence to adulthood. When it comes to marriage, these aunties prepare their nieces for the challenges that lie ahead.

But for the Banyankole people in Southwestern Uganda, the aunt had more than the above, especially during the marriage.

The primary responsibility of the aunt was to confirm that the groom is potent and that the bride has defended her virginity before the marriage is consummated. As a potency test for the groom, the aunt was sometimes required to have sex with the groom for confirmation of his potency and virility.

She also had to “test” if the bride is still a virgin before they are allowed to consummate their marriage.

In other traditions, the aunt is said to go as far as listening in or watching as the bride and groom have sex in order to prove the couple’s potency.

A marriage ceremony in Uganda — UGPulse.com

Inasmuch as this outdated practice may sound weird, it shows how the people of Banyankole, particularly the Bahima tribe hold virginity in high esteem.

As soon as a Banyankole girl is eight, she goes through a lot of restrictions to prepare her for marriage.

When other children her age in other cultures are out having fun and playing, a girl in this part of Uganda is mostly kept indoors, where she is fed beef and millet porridge and forced to drink milk in large quantities so that she becomes fat.

Being fat is synonymous with beauty among the Banyankoles.

When she starts developing breasts, she is also asked by her parents to abstain from sexual activities.

It is the duty of a Banyankole father to find a wife for his son as he pays the bridewealth as well. This consists of some cows, goats and pots of beer, depending on how rich a person is.

Once the bride price is paid, the marriage preparations begin. On the wedding day, there is a lot of feasting at the bride’s home, where the father is expected to slaughter a bull.

At the bridegroom’s home, there is another feast where the marriage is consummated. This is after the bride’s aunt has “tested” her niece’s purity and slept with the groom to also check his potency.

face2faceafrica

Uzodinma vs. Ihedioha: Supreme Court's findings that changed the tempo of the game

Imo State of Nigeria and the whole country was thrown into shock when the news broke out that on 14 January 2020, the Supreme Court sacked Mr Emeka Ihedioha as the Governor of the State. Mr Ihedioha became the first Governor among the set of Governors elected in 2019 to be removed from office through judicial means. The Supreme Court came under heavy attack by those who found it difficult to contain the shock. We shall present a highlight of the Court’s decision and discuss same with a view to determining whether the apex Court went out of line.

Imo Governorship Election and INEC’s Results

Recall that Governorship Election was conducted in Imo State on 9th March 2019. Senator Hope Uzodinma contested under the platform of the All Progressives Congress (APC). Mr Ihedioha contested under the platform of the Peoples Democratic Party (PDP). Other contestants were Mr Uche Nwosu of Action Alliance, Mr Ifeanyi Ararume of All Progressives Grand Alliance (APGA) and 66 others. Mr Ihedioha was returned as the winner by the Independent National Electoral Commission (INEC). Mr Nwosu came second while Mr Ararume and Mr Uzodinma came third and fourth respectively.

Mr Uzodinma’s Petition

Mr Uzodinma and his Party, APC, challenged the outcome of the election at the Election Petition Tribunal on two grounds – That Mr Ihedioha was not validly elected by majority of lawful votes cast; and that the declaration and return of Mr Ihedioha was invalid by reason of non-compliance with the Electoral Act. Mr Uzodinma sought several reliefs including the nullification of Mr Ihedioha’s return and declaration that he (Mr Uzodinma) was the winner of the election.

It was alleged that election held in 27 Local Government Areas, 305 Electoral Wards and 3,523 polling units – that INEC cancelled election in 252 polling units, collated results from 2,883 polling units and excluded results from 388 polling units.  (This alleged exclusion of some lawful votes is the crux of the case of Mr Uzodinma). Mr Uzodinma and APC contended that they scored overwhelming majority in the 388 polling units – they argued that they were entitled to 213,695 votes from the 388 polling units while Mr Ihedioha was entitled to 1,903 votes from the same 388 polling units – that Mr Ihedioha was returned based on wrong computation of votes from the 2,883 polling units.

The Tribunal dismissed the petition. Mr Uzodinma and APC appealed to the Court of Appeal. On 19/11/2019, the Court of Appeal, in a majority of 4 to 1, dismissed the appeal filed (Oho, JCA dissented).

Appeal to the Supreme Court

Mr Uzodinma and APC appealed to the Supreme Court as 1st and 2nd Appellants while Mr Ihedioha, PDP and INEC were the 1st, 2nd and 3rd Respondents.

Challenge of Mr Uzodinma’s Nomination by APC

At the Supreme Court, the 1st Respondent (Mr Ihedioha) challenged the validity of the nomination of the 1st Appellant (Mr Uzodinma) by the 2nd Appellant (APC). This issue (a pre-election issue) was raised for the first time at the Supreme Court without seeking and obtaining leave (permission) of the Supreme Court. The Supreme Court held, in line with established principles, that a fresh issue cannot be raised for the first time at the Supreme Court without the Court’s permission. More so, the Supreme Court lacks the jurisdiction to hear a matter bordering on pre-election issue as the court of first instance – meaning that it is only the High Court of a State (Imo State in this regard) that has the jurisdiction to hear the same as the Supreme Court can only hear an appeal (from the Court of Appeal) resulting from any emanating decision. The Court, per Kekere-Ekun, JSC, in dismissing the application rightly concluded as follows (at page 10 of the Judgment):

It is for these reasons that I agree with learned Counsel for the Appellants that the validity of the 1st Appellant’s nomination as a candidate of the 2nd Appellant for the Governorship Election in Imo State is a fresh issue raised for the first time in this Court without leave. Furthermore, it is a pre-election matter, in respect of which this Court lacks original jurisdiction to determine same in a post-election appeal.

It may be a point of confusion (especially to non-lawyers) why the highest Court in the land would hold that it lacks the power to hear and determine any case, whether pre-election or post-election matter. The answer is that jurisdiction (power) to hear a case is not about whether a court is high or low in status. The jurisdiction to entertain any case is prescribed by statute. Thus, if a statute donates the power to hear a case to the High Court, the Supreme Court cannot hijack same based on its status as the highest Court. The statute in this instance is the Electoral Act, 2010 (as amended). Section 87 (9) gave power to the Federal High Court or the High Court of a State or High Court of the Federal Capital Territory to deal with pre-election matters. Therefore, the Supreme Court was right in its holding.

Respondents’ Contention

The gist of the Respondents’ contention was that the Appellants’ pleadings (that is the statement of facts relied on by the Appellants) were contradictory and unreliable in terms of the calculation of scores allegedly excluded. Also, that the Appellants failed to call the makers of the documents (result sheets and other documents) relied upon and the relevant polling unit agents who claimed to be witnesses. The Respondents also challenged the signatures on the results from 388 polling units presented by the Appellants on the basis that the results were allegedly fake or forged.

Supreme Court’s Findings that Changed the Tempo of the Game

Failure of Election to Hold and Exclusion of Votes

An allegation that an election did not hold in certain polling units is clearly different from an allegation that lawful votes were excluded from a polling unit. Parties in this case were only at crossroads regarding the issue as to whether or not the Respondents excluded votes due to the Appellants from 388 polling units and not on whether election took place in those units.

The Tribunal and the Court of Appeal had held that in order to prove unlawful exclusion of results in the 388 polling units, the Appellants must call the polling unit agents to testify to the fact that elections took place in their respective units. This is notwithstanding the fact that parties were not at dispute as to whether election held in those units.

The Supreme Court however found that the Appellants did not at any stage challenge the holding of elections in any polling unit and that their position was simply that elections held, they scored votes but that their votes from 388 polling units were excluded at collation stage. The apex Court also found that INEC did not deny that elections held at the 388 polling units. Rather, INEC’s contention was that the results relied upon by the Appellants were false. They undertook to produce the genuine results. The allegation of the falsity of the results tendered by the Appellants are of a criminal nature that needs to be proved beyond reasonable doubt. But INEC and the other Respondents woefully failed. The Supreme Court held (at pages 36-37 of the Judgment):

Although they relied heavily on the assertion that Exhibits PPP1 – PPP366 were fake, no evidence was adduced to prove the assertion at all, let alone beyond reasonable doubt. The Respondent failed to produce the “genuine” results as pleaded.

Duplicate copies of results require no certification

Meanwhile, the Court of Appeal had held that Exhibits PPP1 – PPP366 required certification and based on same not being certified, the documents were ignored. The Supreme Court had no difficulty in upturning this holding on the basis that the said documents were merely counter-part/duplicate of an original and therefore required no certification in line with Section 86(2) of the Evidence Act, 2011.

Results Tendered by Police Officers are reliable

Exhibits PPP1 – PPP366 were tendered by a Deputy Commissioner of Police (PW54) based on subpoena issued on him by the Court. The Supreme Court held that the exhibits tendered by the Police Officer was reliable. The law has since recognised that election results from police officers are reliable in that election result forms given to police officers at the polling booths constitute an internal and inbuilt control mechanism or measures designed to unravel unlawful cancellations, alterations, mutilations, and juggling of figures. This was the position as stated in the case of Nnadi v. Ezike [1999] 10 NWLR (Pt. 622) 228 at 238 relied on by the Supreme Court (at page 39 of the Judgment). The apex Court also upheld the dissenting views of Oho, JCA of the Court of Appeal in this regard.

Although the Nigeria Police do not enjoy so much of public trust per se and are no leading examples on issues of integrity, yet it was the Respondents’ undoing in that they failed to disprove the allegation that the votes were excluded from the 388 polling units and that the results tendered by the respected senior Police officer on behalf of the Appellants were fake, as required by Paragraph 12(2) and 15 of the First Schedule to the Electoral Act, 2010 (as amended). INEC failed to produce the results it considered genuine. The implication of the failure of the Respondents to discharge their burden of proof was that the 388 polling units’ results tendered by the Appellants were deemed unchallenged.

Court of Appeal Failed to Consider Credible Evidence

The Supreme Court also held that the Court of Appeal failed to give any consideration to the evidence of the witnesses (collation agents) who testified that they witnessed the exclusion of the results.

Court of Appeal Misconstrued Appellants’ Case

Above all, the Supreme Court held that the crux of the Appellants’ case was misconstrued by the Court of Appeal (and of course, the Tribunal) and that the Court misplaced the burden of proof, leading to the erroneous decision arrived at. This was in line with the holding of Oho, JCA where his Lordship took the position that “In the instant Appeal, having been so clearly demonstrated that the trial Tribunal misconstrued the issues thrown up by the Appellants’ Petition, what then becomes of the position where a Court or tribunal is said to have misconstrued the nature of what it is called upon to decide? The inescapable answer is that it will in all probability arrive at a wrong conclusion.” (Page 39 of the Dissenting Judgment).

Conclusion

Flowing from the foregoing, we are unable to fault the decision of the Supreme Court on any strong ground. The dissenting Judgment of Oho, JCA at the Court of Appeal is commended too.

We must note that the public sentiment that Mr Uzodinma came 4th in the election is not material on the face of the allegation of exclusion of some lawful votes. The implication is that if such unlawfully excluded votes were added, Mr Uzodinma’s scores will naturally topple that of everyone else including Mr Ihedioha and other contestants.

Perhaps the Respondents took it for granted that any person who loses an election has a battle of a lifetime to unseat the person declared as the winner. This accounts for the reason the Respondents took the posture that the Appellants have it all to prove, thereby neglecting their own burden of proof. This case will certainly go down in history as one of the most remarkable election petition cases in Nigeria.

Credit: https://stephenlegal.ng/uzodinma-vs-ihedioha-supreme-courts-findings-that-changed-the-tempo-of-the-game/

Image credit: Vanguard

When the Regions Were Autonomous and Free

By Eric Teniola 

I find the press release by the Attorney-General of the Federation, Mr. Abubakar Malami (SAN), of January 14 on the Security outfit of South Western states very interesting. The Minister could not find it dignifying to personally sign the press release on a weighty issue like that.

He merely asked his media aide, Dr. Umar Gwandu to sign the press release on his behalf. That has become the pattern of some top government officials particularly those in the central government these days. We have just marked the fifty years anniversary of the end of the civil war in Nigeria. A tragic war indeed.

The anniversary should remind all of us especially top government officials on the need for caution in treating national issues. Less arrogance must be applied. At the time we finished the civil fifty years ago, Mr. Abubakar Malami was two years old, so in effect he did not witness what led to the civil war. He is not alone. I leant he is very comfortable now and that his next ambition is to be the governor of Kebbi state, a land of equity, when the term of the incumbent, Senator Abubakar Atiku Bagudu expires. The desired National Unity in Nigeria, which has been fragile all these years, cannot achieved through legal interpretation.

The unity cannot be strengthened when there is master to slave relationship. If the idea of National unity in this country is still a dream, top officials of the central government past and present should share a greater part of the blame. By their actions and pronouncements they are polarizing the entire country.

What I find strange is how an appointed official could talk down to elected governors doing the wishes of their people. The situation leave no one in doubt that something is wrong with this type of Democracy forced on us by the military since May 1999. Those calling on the restructuring of the democratic process have valid points. It is the operation of an imbalanced system of government that could create chaos.Every Nigerian is a stakeholder in the Nigeria project.

There is insecurity everywhere—a failure on the part of the central government—elected state governors want to ameliorate the situation in their states, the central Attorney-General of the federation and Minister of Justice says the action is illegal. I find it very difficult to understand.Mr. Malami needs to be reminded like all others like him that there was a time in this country, in 1966 to be precise when there were four regions in Nigeria and the four regions had their separate constitutions.

The regions were Northern region, Western region, Eastern region and Mid-Western region.In the wisdom of the military and thanks to General Yakubu Gowon, General Murtala Mohammed, General Ibrahim Babangida and General Sani Abacha, the old Northern region now constitutes nineteen states including Abuja.

The nineteen states are Adamawa (Land of Beauty, Sunshine & Hospitality), Bauchi (Pearl of Tourism), Benue (The Nigeria Foods Basket), Borno (Home of Peace), Gombe (The Jewel in the Savannah), Jigawa (The New World), Kaduna (Centre of Education), Kano (Centre of Commerce), Katsina (Home of Hospitality), Kebbi (Land of Equity), Kogi (The Confluence state, Kwara (State of Harmony), Nasarawa (Home of Solid Minerals), Niger(The Power State), Plateau (Home of Peace &Tourism), Sokoto (The Seat of the Caliphate), Taraba (Nature’s Gift to the Nation, Yobe (Pride of the Sahel and Zamfara (Farming is Our Pride). 

The old Western region now is made up of six states—Lagos (inclusive) (Centre of Excellence), Ogun(The Gateway State), Oyo (Pace Setter State), Osun (Land of Virtue), Ondo(The Sunshine State) and Ekiti (Land of Honour and Integrity) states.

In the wisdom of the military also, the old Mid-Western region now constitutes Edo (The Heart Beat of the Nation) and Delta (The Big Heart) states while the old Eastern region now constitutes nine states namely—Anambra (The Light of the Nation), Ebonyi (The Salt of the Nation), Abia (God’s Own State), Imo (The Eastern Heartland), Enugu (The Coal City State), Akwa-Ibom (Promised Land), Rivers (Rivers of Possibilities), Bayelsa (The Glory of All Lands) and Cross Rivers (The People’s Paradise) states.

The region were separate and autonomous on their own and they had Agents General in the United Kingdom who were like ambassadors.Section 64 of the Constitution of Mid-Western region affirms that  Power to appoint persons to hold or act in the office of the Agent-General of the Region in the United Kingdom (including power to make appointments on promotion and transfer) and to remove persons so appointed from that office shall vest in the Governor, acting in accordance with the advice of the Premier; Before tendering any advice for the purposes of this section in relation to any person who holds any office in the public service of the Region other than an office to which this section applies, the Premier shall consult the Public Service Commission of the Region.

Section 65 of the Western Nigeria Constitution states that Power to appoint person to hold or act in the office of the Agent-General of the Region in the United Kingdom (including power to make appointments on promotion and transfer) and to remove persons so appointed from that office shall vest in the Governor acting in accordance with the advice of the Premier; Before tendering any advice for the purposes of this section in relation to any person who holds any office in the public service of the Region rather than an office to which this section applies, the Premier shall consult the Public Service Commission of the Region.

Section 66 (1) of the Constitution of Eastern Nigeria states that Power to appoint persons to hold or act in the office of the Agent-General of the Region in the United Kingdom (including power to make appointments on promotion and transfer) and to remove persons so appointed from that office shall vest on the Governor, acting in accordance with the advice of the premier. (2) Before tendering any advice for the payment for the purposes of this section in relation to any person who holds any office in the public service of the Region other than an office to which this section applies the Premier shall consult the Public Service Commission of the Region.

Section 68 of the Constitution of Northern Nigeria states that (1) Power to appoint persons to hold or act in the office of the Agent-General of the Regions in the United Kingdom (including power to make appointments on promotion and transfer) and to remove persons so appointed from the office shall vest in the Governor, acting in accordance with the advice of the Premier. (2) Before tendering any advice for the purposes of this section in relation to any person who holds any office in the public service of the Region other than an office to which this section applies, the Premier shall consult the Public Service Commission of the Region.

You don’t have the power to appoint an Agent-General unless you are a Sovereign state.The constitutions of the four regions had differences, which made them sovereign and unique. For example, the Western Region created a Court of Appeal which was the first of its type in the Federation.

Section 52 of the Constitution of Western Nigeria states that there shall be a Court of Appeal for the Region; the Judges of the Court of Appeal of the Region shall be—the President of the Court of Appeal; and such a number of Justice of Appeal (not being less than three) as may be described by the Legislature of the Region.; the Court of Appeal of the Region shall be a superior court of record and, save as otherwise provided by any law in force in the Region, shall have all the powers of such a court.; the President of the Court of Appeal of the Region and the Justices of Appeal shall be appointed  by the Governor, acting in accordance with the advice of the Premier; A person shall not be qualified to hold the Office of President of the Court of Appeal of the Region or of Justice of Appeal unless—(a) he is or has been a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; or he is qualified for admission as an advocate of Nigeria and he has been so qualified for not less than ten years; If the office of President of the Court of Appeal of the Region is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed the function of that office or until the person holding the office has resumed those functions, as the case may be, those functions shall be performed by such one of the Justices of Appeal as may from time to time be designated in that behalf by the Governor, acting in accordance with the advice of the Premier; If the office of any Justice of Appeal is vacant or if the person holding the office is acting as President of the Court of Appeal of the Region or is for any reason unable to perform the functions of his office, the Governor, acting in accordance with the advice of the Premier, may appoint a person qualified to hold the office of Justice of Appeal to act in the office of a Justice of Appeal and any person so appointed shall continue to act for the period of his appointment or if no period is specified until his appointment is revoked by the Governor, acting in accordance with the advice of the Premier.

In the Constitution of Northern Nigeria, Section 6—1and 2 states that the Adviser on Moslem law shall be appointed by the Governor, acting in accordance with the advice of the Premier; (2) A person holding the office of adviser on Moslem law may be removed from office by the Governor, acting in accordance with the advice of the Premier.

Section 23 of the same constitution states that the business of the Legislative Houses of the Region shall be conducted in English and Hausa: provided that all bills introduced in either House and all laws made by the Legislature of the Region shall be printed in English and, if any such bill or law is also printed in Hausa, the English text shall prevail in the case of a conflict between the two texts.

Section 35 (1) of the Constitution of Eastern Nigeria states that the Governor acting on the advice of the Premier may appoint Provincial Commissioners from among the members of the Legislative Houses of the Region while Section 80 further states that notwithstanding any other provisions of this Constitution including in particular section 16 of this Constitution, no chieftaincy question shall be entertained by any court in the Region.Section 2(5) of the Constitution of the Mid-Western Nigeria states that (1) without prejudice to the provisions of section 9 of this Constitution, the House of Chiefs shall consist of — (a) the Oba of Benin, the Olu of Warri and the persons for the time being holding such other chieftaincies as may be prescribed by the Governor, who shall be ex-officio members of the House (b) fifty-one Chiefs having such qualifications and selected in such manner as may be prescribed by the Governor, who shall be ex-officio members of the House; (b) fifty-one Chiefs having such qualification and selected in such manner as may be prescribed by the legislature of the Region; (c) such Special Members, being Chiefs, as may be selected by the Governor, acting in accordance with advice of the Premier and (d) four members selected by the Governor, acting in accordance with the advice of the Premier, to represent the interests of groups of persons resident in the special area within the meaning of sub section (4) of section 14 of the Constitution, being groups whose interests, in the opinion of the Governor acting as aforesaid, are not represented by members of the House of Assembly for constituencies in those areas. (2) A person shall not be a member of the House of Chief by virtue of paragraph (a) of subsection (1) of this section during any period when he holds office as Governor: and the number of persons who are for the time being members of that House by virtue of that paragraph or paragraph (c) of that subsection shall not in the aggregate exceed ten. (3) The seat of a member of the House of Chiefs shall become vacant —- (a) in the case of a member other than the Oba of Benin, the Olu of Warri or a Special Member, in such circumstances as may be prescribed by the Legislature of the Region; and in the case of a Special Member, if he is removed from office as such a member by the Governor, acting in accordance with the advice of the Premier. (4) In this section “Chief” means any person who is for the time being recognized as a Chief under any law in force in the Region.

All these goes to confirm that although the regions were within the same country but their constitutions were not the same. The various constitutions reflected at that time their different challenges.But above all Section 123 of the Constitution of the federal Republic of Nigeria states that the Constitution shall have the force of law throughout Nigeria, and, subject to the provisions of section 4 of this Constitution, if any other law (including the constitution of a region) is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the ‘inconsistency, be void. 2. Nigeria shall be a Federation comprising Regions and a Federal territory, and shall be a Republic by the name of the Federal Republic of Nigeria. 3—(1) There shall be four Regions, that is to say, Northern Nigeria, Eastern Nigeria, Western Nigeria and Mid-Western Nigeria. (2)The Regions and the Federal territory shall consist of the areas comprised in those territories respectively on the thirtieth day of September, 1963.

In his book titled “NATION BUILDING”, Professor Andreas Wimmer, the Lieber Professor of Sociology and Political Philosophy at Columbia University asked a pertinent question “Why do some countries fall apart, often along their ethnic fault lines, while others have held together over decades and centuries, despite governing a diverse population as well? Why is it, in other words, that nation-building succeeded in some places while it failed in others?

The current tragedy in Syria illustrates the possibly murderous consequences of failed nation-building. Outside of the media spotlight, South Sudan and the Central African Republic went through similar experiences in recent years. In some rich and democratic countries in Western Europe, such as Spain, Belgium and the United Kingdom, longstanding secessionist movements have regained momentum.

Within our lifetimes, they might well succeed in breaking apart these states. On the other hand, there is no secessionist movement among the Cantonese speakers of southern China or among the Tamils of India. And why has no serious politician ever questioned national unity in such diverse countries as Switzerland or Burkina Faso?Before answering these questions, it is necessary to define nation-building more precisely. It goes beyond the mere existence of an independent country with a flag, an anthem and an army.

Some old countries (such as Belgium) haven’t come together as a nation, while other more recently founded states (such as India) have done so. There are two sides to the nation-building coin: the extension of political alliances across the terrain of a country, and the identification with and loyalty to the institutions of the state, independent of who currently governs.

The former is the political-integration aspect, the latter the political-identity aspect of nation-building. To foster both, political ties between citizens and the state should reach across ethnic divides.Such ties of alliance connect national governments with individual citizens, sometimes through intermediary political organisations such as voluntary associations, parties, professional groups, etc.

Ideally, these ties link all citizens into networks of alliances centred on the state. In such countries, all citizens see themselves represented at the centre of power, even if their preferred party or political patron is not currently occupying one of the seats of government. Intellectuals, political elites, as well as the average individual will eventually see all citizens, irrespective of their racial or ethnic background, as equal members of the national community.”

I need not remind Mr. Malami that national identity is a collective phenomenon irrespective of tribe and region.

Why is Buhari Still Keeping the ‘Failed’ Service Chiefs?

By Fredrick Nwabufo

In December 2018, Boko Haram insurgents pulled a blitzkrieg on military formations in Baga, Borno state, sacking the headquarters of the multinational joint task force and taking over the place (briefly).

The group steadied its onslaughts on military formations, killing many soldiers, weeks after. At least, 18 soldiers were killed in an ambush on Maiduguri road on December 26, 2018, in one of Boko Haram’s mortal offensives.

The group also persisted in inflicting attritive damages on the civilian population in the north-east. The killings and destruction never let up; in fact, they had taken an upward trajectory since the current service chiefs were appointed.But what did President Muhammadu Buhari say and do in the heat of the killing of soldiers, civilians and attack on military barracks and equipment?

This is what he said in an interview on Arise TV in January, 2019 – a few days after the attacks:  “The head [him] has to be very careful on removal of the service chiefs because you don’t know [the] ambition of the ones coming up. I didn’t know them on [a] personal basis, I followed records and thought I picked the best then, of course, their performance may be disappointing but I accept responsibility for not changing them.

My reason is based on my own experience.”Now, compare Buhari’s complacent remarks to the action of President Issoufou Mahamadou of Niger Republic, who sacked his security chiefs after 89 soldiers were killed by terrorists in January, 2020.My theory is, Buhari is keeping the service chiefs, who have failed in their duty, out of self-preservation. He is prioritising loyalty over competence because he still sees the wraith of the 1985 coup in which he was deposed.

Boko Haram can sack the entire north-east, but the president will still keep the security chiefs. He considers any threat to his office of far greater concern than any threat to the lives of Nigerians. In its resolution of January 16, 2020, the European parliament, legislative branch of the European Union, affirmed what many Nigerians know.

It said there has not been any progress in the fight against Boko Haram insurgents. Commenting on Boko Haram’s abominations, the parliament said the security situation in Nigeria has deteriorated significantly.

“Condemns in particular the recent increase in violence against ethnic and religious communities, including the targeting of religious institutions and worshippers. Deplores that progress has stalled in the fight against Boko Haram, ISWAP and the increased occurrence and severity of suicide attacks and direct attacks against military positions; recalls that Nigeria’s President Buhari was re-elected in 2019 on the promise of defeating the violent extremism promoted by Boko Haram and other terror groups, and urges the President to implement his campaign promises,’’ it said.

In these few weeks, the insurgents have executed a series of attacks on civilians and the military.On Christmas eve, a faction of Boko Haram affiliated to the Islamic State, killed 11 Christian captives in Borno, saying the action was taken to avenge the deaths of Abu Bakr al-Baghdadi, the late IS leader and Abul-Hasan Al-Muhajir, its spokesman, who were killed in Syria in October.On Monday, Lawan Andimi, chairman of the Christian Association of Nigeria (CAN) in Michika local government area in Adamawa, was tragically dispatched by Boko Haram.

Also, Daciya Dalep, a student of the University of Maiduguri, was killed in the most infernal manner.But how did Nigeria’s army chief respond to these tragedies? He described the attacks as the ‘’last kick of a dying horse’’.

But I wonder why this horse is not yet dead – even as the military claims the insurgents have been technically defeated.Really, Boko Haram appears vitalised by every daring attack. On January 7, a driver attached to Olusegun Adeniyi, commander of operation Lafiya Dole (the war campaign), was killed in a derring-do attack by Boko Haram insurgents on the commander’s convoy.

The insurgents attacked Adeniyi, a major-general, who was on his way back to Maiduguri after a visit to Jakana in Borno state, where they had struck earlier.What is derisory is that two of the service chiefs and the national security adviser are from the north-east – the theatre of the war. But rather than extirpate the menaces to the peace in the zone, two of the security chiefs are fixated on establishing military universities in their hometowns.

To me, it is clear the security chiefs have failed in the one task for which they were appointed. And I think, it is time they take a bow. In Old Japan, generals who fail in war take themselves out by hara-kiri. 

Not that our own generals should, but the president must prioritise the security of Nigerians over himself and let these men go.

Fredrick Nwabufo is a writer and journalist.

@FredrickNwabufo.

Forming Amotekun is a very smart move

By Benjamin Obiajulu Aduba

The first duty of ALL governments is the protection of lives and property of its residents and citizens. That is job (numero uno) number one. Can anyone say that the lives of SW Nigerians or any other section of the country has been effectively protected? The federal government is charged to do this task and has been provided with the security apparatus needed to do this number one job. But the federal government of Nigeria led by Mr. Muhammadu Buhari has failed woefully in this very important task.

Wetin man go do?

Man go do what man go do.

This is the reason why the governors of SW Nigeria stepped up to the plate with Amotekun. They took the lives and property of their electors to heart and are trying to do the onerous work of protecting the lives of their people. They acted while their counterparts in other parts of Nigeria were sitting down to a good wine and sleeping with gorgeous young women in the zones.

There cannot be anything but praise for the daring governors. They are bold, faithful to the oath of office they swore, even while realizing that they may have to postpone or delay some of the pressing infrastructure needs of their constituencies. Live is much more valuable than good roads.

Compare this action to that of Governor Ugwuanyi of Enugu State when 60 Nsukka residents were killed in Nsukka by the alleged Fulani Herdsmen. The governor wearing a well starched and ironed Yoruba Agbada went to Abuja to shake hands with PMB and after a good wine and hand shaking PMB promised that the perpetrators will be found and punished. It has been three years and nothing has happened or is happening. Since then there has been the Awgu massacre including those alleged to be hiding in Awgu caves.

These kinds of incidents are recorded from Jos to Port Harcourt and beyond.

If the FG cannot or will not do their job, it is the duty and responsibility of the next in command (the governors) to step up and help. I have written that all the SS, SE and NC zones MUST form their own kind of Amotekunsand sign a mutual defense document. Then if the FG wants to help the FG may negotiate the terms of cooperation.

Some have argued that Amotekun is not armed. This argument is peddled because some people want to appease the government of PMB. It is useless forming an Amotekun if it will not be armed. How will they fight against the-armed-to-the-teeth murderers who invade SW or the other parts of Nigeria? Are we trying to provide the herders with shooting targets? Force must be met with force. Force is the only language that miscreants understand.

Remember that every action has an equal and opposite reaction. Amotekun is the equal and opposite reaction to our current insecurity.

Let’s praise the governors of SW but above all let’s copy them.

Benjamin Obiajulu Aduba, Boston, Massachusetts, January 24, 2020

‘Nigeria Must End Violent Forced-evictions in Lagos’, Amnesty International

The Nigerian authorities must immediately halt the violent and unlawful evictions that rendered thousands of residents of Tarkwa Bay, a waterfront community in Lagos homeless, said Amnesty International Nigeria today (Thursday).

On 21 January at about 8 am, personnel of the Nigerian Navy resorted to assault and shooting during the evictions at Tarkwa Bay. The authorities are continuing with the forced evictions in what appears to be a brazen disregard for the safety and security of the affected people as well as their right to housing among other human rights. There is chaos in Tarkwa Bay, with some residents reporting that many children are missing.

“What is happening at Tarkwa Bay, Lagos is a violation of human rights. It is unacceptable that the Nigerian government are evicting people in the most violent manner and destroying their homes without genuine consultations, adequate notice, alternative accommodation or access to remedies,” said Osai Ojigho Director Amnesty International Nigeria.

“The attacks on poor communities of Lagos must end. Throwing many families into endless misery is not the best way of addressing allegations of crime and urban planning failures of the authorities. We call for a halt to ongoing forced evictions.

”Spate of unlawful evictions have been going on in Lagos since last year. In November 2019, nearly 1500 residents of Second Badagry community in Lagos were forcibly evicted. Similarly, on 4 January 2020, about 3000 residents of Okun Glass Village, Ilaase were violently evicted by personnel of the Nigerian Navy.  In defense, the government sited pipeline vandalization as justification for the forced evictions.Several other informal communities in Lagos State live with perpetual threats of forced evictions.

Many residents lament how forced evictions throw them and their families into destitution.“Nigeria’s international human rights obligations require the government to respect the right to adequate housing including by refraining from forced evictions. Both the Lagos State and federal governments have a duty to respect, protect, fulfil and promote the right to adequate housing of everyone,” said Osai Ojigho.

“The Lagos State and federal governments must immediately halt the attacks on the waterfront communities and establish a moratorium on mass evictions until there are regulations in place to ensure that evictions comply with international human rights standards.”Amnesty International is urging the Lagos State authorities and the federal government to urgently set up an independent and impartial inquiry into all cases of mass evictions in Lagos State and prosecute all those, including government agents, found to be responsible for human rights violations and crimes committed during the evictions; and the excessive use of force.

“Authorities must stop hiding behind concerns around pipeline vandalization or other crimes to deprive poor people of housing in Lagos. Governments must ensure that no one is rendered homeless or vulnerable to the violation of other human rights as a consequence of evictions. Also, relevant government agencies must be mandated to consider all feasible alternatives to evictions in genuine consultation with all people affected.”

Obahiagbon denies alleged statement on Imo Guber Supreme Court Verdict

… I have been quagmired with various calls the world over to confirm the veracity or mendacity of my aforesaid authorship

Former Chief of Staff to immediate past Governor Adams Oshiomhole of Edo State, Honourable Patrick Obahiagbon, has disclaimed  a widely circulated reaction, purportedly issued by him, in the social media.The concocted reaction had portrayed Obahiagbon to have disparaged the Supreme Court verdict that handed Imo governorship seat to Hope Uzodinma of the All Progressives Congress (APC).

The disclaimer was via a press statement titled:“RE:PRESS RELEASE ON THE SUPREME COURT PRONOUNCEMENT ON THE IMO STATE GOVERNORSHIP ELECTIONS.” Obahiagbon said the reaction did not come from him and should be discountenanced.

According to him, “The press statement currently circulating in the social media as purportedly emanating from my stable has been brought to my piazza.“It has become a notorious platitudinous fact that some Nigerians have become inured and inebriated with the fecund and Goebbelian practice of stringing together, phrases from my archived public asseverations and representing them to emanate from me, especially on the heels of de-die-in-diem historic national events.

“I wouldn’t have reacted to this like a vaudeville of others before it but for the fact that I have been quagmired with various calls the world over to confirm the veracity or mendacity of my aforesaid authorship, especially when the said statement dripped with amphibolous crinkum crankum.

“Let me urge members of the public to discountenance the said statement purported to have emanated from my stable.  It was not from the son of Igodomigido.

“May I also take this opportunity to appeal to Nigerians who are always desirous of hearing from me on national issues to always “COOLI COOLI, COOLI TEMPER, until anytime I am always cornucopiously aroused to publicly take a position on extant national matters.

“I felicitate again (even though that had been done privately) with the elected Governor of Imo State, His Excellency, Governor Hope Uzodinma, and I wish him well as he strives to cleanse the Augean stables in Imo state.

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