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Akpabio, Akpoti-Uduaghan in court of public opinion

By Suyi Ayodele

Counsel: ‘Miss Gibson, in this dwelling on Van Buren Street where you live, which the President owns, is there any means of private access one could use to go from downstairs to the upstairs or vice versa?’

Witness: ‘Do you mean, is there some kind of private stairway or hidden passage by which the President and I could have seen one another without being seen by others?’

Counsel: ‘I will request you to refrain from rewording or redefining my questions, Miss Gibson. I mean precisely what I asked. Did the President have any private means of getting to your quarters or you to his?’

Witness: ‘No. Unless he used a ladder-or the vine that grows on the back wall—but I doubt if the President is, or ever was, that athletic or romantically foolhardy.’

“The spectators in the gallery roared with laughter, and some stamped and whistled.” (Pages 666-667).

The above quotes are from Irving Wallace’s Avant-garde novel, The Man 1964). The episodic novel is about the impeachment proceedings against the very first Black President of the United States of America, Douglas Dilman. Fictional as The Man is, its closeness to the literary device of verisimilitude makes it a compelling and unputdownable work of art.

The closest to its plots in real life is the December 19, 1998, impeachment of President Bill Clinton by the United States House of Representatives of the 105th United States Congress on the allegations contained in the two articles of impeachment bordering on “Lying on Oath” and “Obstruction of Justice” in the Clinton-Monica Lewinsky sexual harassment saga.

Writers are prophets. Irving Wallace (March 19, 1916–June 29, 1990) was one. Thirty-four years after the American novelist wrote the fiction about the impeachment of an American President by the US congress and his acquittal by the US Senate on allegation of s3xual immorality, Clinton came face to face with the predicament predicted in the fiction, The Man.

The only difference, however, is that while the fictional President Douglas Dilman was a Black man, Clinton is Caucasian. Both ‘Presidents’ were saved by the US Senate which voted 66 against and 34 for, in the case of President Dilman; and 50 against and 50 for, in the case of President Clinton. To impeach an American President, the movers of the impeachment must secure 67 votes from the senators.

One interesting thing about the fictional and real impeachment motions in the above two cases is the fact that at the last minute, when the trials were hot in the US Senate, both Dilman and Clinton, against protestations from the counsels, volunteered to defend themselves, their integrity and the sanctity of the American Presidency!

The duo surrendered themselves to the hostile scrutiny of the House Managers, who, during cross-examinations, asked questions that went deep into the beings of the personalities. But at the end of the day, the essence of American Democracy was upheld and the sanctity of the US Presidency preserved. Little wonder that America progresses irrespective of the personal failings of its leaders.

Miss Wanda Gibson in the opening quotes was the suspected mistress of President Dilman. Those opposed to the coming of Dilman, a Black President in the Oval Office, concluded that Gibson and Dilman being singles, and having been close friends for five years, there was no way they would not have gotten into some levels of intimacy.

Gibson’s response under cross-examination above, and the subsequent one (page 669) to wit: (‘Of people like you, Mr. Manager, who might think him too black for me, and me too white for him, and who might cry out that our union would be mongrelizing the Congress, where he was once a member, or the white House, where is now the President…”, nailed the trial and secured victory for Dilman! 

I have taken the pain to review The Man here because of its relevance to the current happening in the Nigerian Senate between the Senate President, Godswill Akpabio, and the senator representing Kogi Central Senatorial District, Natasha Akpoti-Uduaghan. Like Dilma who was also accused of sexual immorality against his White House Social Secretary, Miss Sally Watson, Senate President Akpabio is being accused of sexual harassment by a fellow senator, Akpoti-Uduaghan. What do we make of this?

Senator Godswill Akpabio is no doubt swimming in a stormy water which is also infested with wild crocodiles, this time. I want to sincerely believe that the Senate President is not under any illusion that this matter is one that will go away easily.

Again, I also do sincerely hope that Akpabio is aware that it is not only his reputation that is at stake here but that of the institution he represents—the Senate. If he has those understandings, I expect that the number three man in the country will do that which is noble, transparent and allow all due processes to take their course so that justice will not only be done but will be seen to have been done!

At this juncture, I don’t think it is proper for anyone desirous of seeing the end and truth of this matter to pitch tent with any of the gladiators in this case. It would have been a different matter if the two gladiators were not responsibly married. The fact that their spouses had come out to defend them also makes the matter messier.

This is why I think that Senator Akpabio will do himself and the Senate a lot of good if he allows this new accusation from Senator Akpoti-Uduaghan to be thoroughly investigated. And he must allow that! The Senate President must, as a matter of necessity, and in line with good conscience and good convention, first withdraw, or restrain the Senate Committee on Ethics, Privileges and Public Petitions, from going ahead with the probe of the alleged misconduct against Akpoti-Uduaghan until the probe of the allegation of sexual harassment is dispensed with.

More importantly, Senator Akpabio must show good example by stepping aside from the office of the Senate President while the probe into the allegation of s3xual harassment is determined! Nothing can be fairer; nothing can be more just. He must personally appear before any panel set up to investigate this matter.

Methinks Senator Akpoti-Uduaghan needs to do a retrospection on why every man would want to get intimate with her.

This now takes us to the coming into the fray of Mrs. Unoma Ekaette Akpabio, wife of the Senate President, and High Chief Emmanuel Uduaghan, husband of Akpoti-Uduaghan. Mrs. Akpabio, in defending her husband, has equally gone to court, asking for N350 billion in damages.

Without prejudice to the matter, I wish to state here that it would have been a lot better if Madam Ekaette allowed Senator Akpabio to defend himself and thereafter seek legal redress. The only exception here is if Mrs. Akpabio wanted to convince us that her husband would naturally come home to tell her if he had any urge towards any woman! That is funny!

Mrs Akpabio said her husband is “a disciplined and a jovial man.” I don’t question that. But I think she should read more of Foucault, knowing that her husband is the third most powerful person in the country, today. Also, and more importantly, the assertion by Ryan Guzman “that every man is a sucker for women with beautiful eyes” could be useful here. She doesn’t have to share the sentiments in the philosophies above!

However, I find it instructive, the warning by Akpoti-Uduaghan, while responding to Mrs. Akpabio, that what would be revealed would shock the Senate President’s wife. Whatever it is, I feel, and strongly too, that Mrs. Uduaghan should have allowed her husband to prove his innocence while she held prayers for the truth of the matter to come out at the end of the day.

But if I find Mrs. Akpabio’s response funny, especially the insinuation that her husband is too “disciplined” to lift another woman’s skirt, the response of High Chief Emmanuel Uduaghan left me dumbfounded! I still would like to ask who advised the Warri High Chief to pen that response.

I have read High Chief Uduaghan’s response a couple of times and I keep asking on each occasion: what sort of man goes to another man making passes at his wife to ask, “respectfully” the libidinous character “…to extend the courtesy and respect my wife deserves while also honouring the friendship between us? We reached an understanding and agreed to resolve the issue amicably.” How ‘amicable’ can such a reconciliation be with a man who wants to explore and exploit another man’s woman?

Jokes apart. The whole issue rests squarely on Senate President Akpabio. He must be civil, civilised and decent in the way he handles this matter. Professor Itse Sagay (SAN) has words of advice for him in this circumstance. He says: “In developed societies like Western Europe, the United States, United Kingdom and Canada, he (Akpabio) would have been asked to step down, but have we developed to that level? I don’t know.” Senator Godswill Akpabio owes this generation, and the ones coming, the onerous responsibility to answer the professor’s poser. Mr. Senate President, I ask: HAVE WE DEVELOPED TO THAT LEVEL?

As schools in 4 northern Nigeria states shut down for Ramadan, China continues to innovate with sky school bus for Chinese kids in mountainous village

While Nigeria is embroiled in arguments over the closure of schools in four northern states to enable pupils to observe the Ramadan fast at home, despite poor educational standards and a high number of out-of-school children, China continues to quietly make innovative progress to make education accessible.

Many Nigerians have asked why all government offices and tax collection activities were not affected by the Ramadan fast in the affected states.

Meanwhile, in far-away China, the conversation is far more enriching. A Sky school bus has just been launched to make school pleasurable for kids in mountainous villages.

It is noteworthy that globally, nations like Saudi Arabia and the United Arab Emirates—where Islam is central, and Ramadan deeply revered—do not shut down schools for the entire fasting period. Instead, they adapt schedules, shortening hours or offering flexibility, to balance education with religious practice.

Previously kids clambered down from the mountain on their way to school

In just less than three minutes, in the ever-inventive China, an elevator transported nine students from the valley floor of Nizhu River Grand Canyon to a cableway platform 268 meters above. After stepping out, the students boarded a cable car and reached their mountaintop school – the Guanzhai village primary school – within five to six minutes.

What was once a perilous three- to four-hour trek now takes merely half an hour, thanks to a “sky school bus” that soars through the clouds.

Located atop the Nizhu River Grand Canyon in Puli township, Xuanwei, southwest China’s Yunnan province, the Guanzhai village primary school sits at an elevation of 1,650 meters. Nizhu River village, a natural village under the administration of the Guanzhai Village Committee, lies at the bottom of the canyon at 1,100 meters above sea level.

For generations, to reach their classrooms, children from Nizhu River village had to trek up the gorge along a perilous “sky road,” scaling cliffs and wading through rivers – a journey that took three to four hours on foot.

In October 2022, a 268-meter-high elevator and an aerial cableway spanning nearly 200 meters in elevation officially went into operation, providing the children with a direct “sky bus” to school. Their journey to class is now not only much safer but also comes with a touch of sci-fi wonder, as if they are gliding through the clouds. What once felt “tough” has now turned into something “cool.”

This uplifting story echoes the progress of the times, reflects the resilience of the human spirit, and embodies a shift in mindset.

It is a path of unyielding perseverance.

The canyon’s abyss and cliffs were not just physical barriers but walls that stifled education and opportunity. Grandparents of the children carved crude footholds into stone; fathers of them built stair-like cliffside paths. Each generation labored to keep knowledge flowing through these mountains, breaking cycles of poverty.

Today, modern infrastructure carries their legacy forward, propelling young dreams toward horizons once unimaginable.

It is a path of boundless potential.

How does a secluded village bridge centuries of isolation? The answer lies in reimagining development. By embracing eco-tourism, the area has birthed cafes, bars, and local cuisine hubs, empowering over 1,600 residents from more than 300 households to thrive without leaving home.

What the kids used to go through, climbing the cliffs to school and back. Now, Chinese advancement has confined all those to the past

Where “barren hills and treacherous waters” once defined hardship, lush landscapes now draw visitors, proving that “lush mountains and lucid waters” are invaluable assets.

It is a path of unconventional modernization.

To drive development, local authorities introduced tourism projects, leading to the construction of the cliffside elevator and cableway as supporting infrastructure. To serve the people, the canyon scenic area set up a green channel, allowing villagers and students to ride for free with priority access.

Development and well-being intertwine. This path – once a road out of poverty – has now become a road to prosperity, vividly demonstrating the principle of ensuring and improving people’s well-being through development. It showcases the virtuous cycle between economic growth and better living standards, highlighting the boundless potential of Chinese modernization.

Nizhu River village is not an isolated case—thousands of mountain villages across China have been transformed. Guided by forward-thinking ideas and supported by policies and resources, once-barren lands are now full of opportunities, carrying the dreams of many. Through hard work and determination, people are reshaping their destinies and riding the waves of progress to build a better life.

Credit: AfricaChinaPressCentre.org

As Nigeria’s democracy has lost its majesty


By Martins Oloja


Who should we hold responsible for demonisation of democracy the iconic Fela Anikulapo-Kuti, once called ‘dem don crazy’, ‘demonstation of craze…’ in this country? It’s a time to speak truth not only to power that the majesty of democracy has been defiled. And so it is a time to ask whether democracy can be sustained to deliver the much-needed development to the most populous black nation on earth.

Yes, it is a time to evaluate democracy we have been monitoring for 25 years because the main strength of its majesty, the rule of law, has become the rule of man, indeed the rule of only the ministers in the temple of justice. They are the ones who now determine who should occupy elective offices after elections. The Bar and Bench powers are the electorate, after all. And so we do not need to read law before awareness that where man alone rules without the law, there will be chaos and underdevelopment. As a student, I read Chief Obafemi Awolowo’s book on, “The travails of democracy and the rule of law” but I did not understand the significance of that classic until now.

I have covered this dispensation of democracy as a senior journalist for almost 26 years, (since 1999). But I am beginning to conclude from its performance indices that this house (of democracy) has fallen not only because of the effects of those who ruled the country as “Federal Republic of the Nigerian Army” as general Chris Ali, former Army Chief captured in his book. Democracy has failed us in Nigeria not only because of the effects of the unfavourable political economy of press freedom. Democracy appears to have has lost its brand reputation not only because some of “soldiers of fortune” conspired and annulled our best election. Let’s do some introspection before the next 2027 plunge.

Behold, the man who should be held responsible for the collapse of democracy is called, “Mr. Complacency”! Yes Complacency, also known as “contentment”, “gratification”, “pleasure”, “civility”, “courtesy”. Really, the God of man, not any man of God, please, has revealed that yes; “Complacency” is the man, the stronghold that has ruined the majesty of democracy in this place. And here are the gifts of the strong man some World Bank’s development experts have just tagged “Civic Incompetence”: He is a sycophant. He does not like pen pushers who speak truth to power. He does not read. He is not discernible. He is perpetually afraid of any governing cabal that is ruthless and doesn’t tolerate the rule of law.

The prominent but insignificant man Complacency is perpetually filled with Epicurean spirit (loves pleasure and good life). He likes a little learning and so is ruled by intuition, not by learning or knowledge. Oh, he does not like the power that knowledge gives. He worships mediocrity in all his ways. He does not like anyone to peddle any excellence spirit in his domain. He doesn’t like to see law enforcement agents. The only adorable thing he likes is media trial of corrupt people where suspects are named and shamed before investigations.
And so the offspring of the limited man, Complacency are always reinforced in the system by the “economic man” who also has a cousin called the “administrative man”.

Both men are not patriots, after all. They also do not care about gains that democracy can bring to the people. They work only for the gods of their bellies. And worse still, his expectations of the governing system are very low. According to a managerial economist, Ripunjay Tiwari, the “economic man” is purpose-driven. He is rational in that he can order his various preferences according to his hierarchy of values and then actually make his choice to maximise some desired value. To the “economic man”, there is complete awareness of various alternatives and the outcome of each alternative can be identified so that the alternative with the best outcome is selected.

It assumes that there is no limit on the collection of information and its processing. That is the way of the “economic man” who benefits from an atmospherics of the main man, Complacency.

In the same vein, the “administrative man” is a relation of the “economic man” in the kingdom of “Complacency”. According to Herbert Simon, a policy guru, the “administrative man” has only a limited, simplified view of problems confronting his society because he has only limited information. Besides, he does not have full knowledge of all the possible alternative solutions to the problems and their outcomes. What is more, he does not have capacity to navigate the competitive environment and technical information therein.
Therefore, human and organisational limitations make it impossible for people to make perfectly rational decisions where the “economic man” and the “administrative man” dominate in a society ruled by Complacency. There are always ‘boundaries to rationality’ in such a milieu. Sadly, these men always seize power at the centre because democracy is fragile here.

That is why we have to sound the alarm that Mr. Complacency has to wake up from political stupor that the “economic man” and “the administrative man” would like us to remain in this age that the skilled young ones are daily disrupting with social technologies that help them to make progress. I would like to challenge all the young ones below 40’s to be interested in this country that democracy and its drivers have relegated to one of the poorest on earth. Let no young one be deceived by the common public enemy called Complacency ruling everywhere you go in Nigeria. This democracy that has survived for only the “economic man” since 1999, cannot lead this country to greatness. Democracy is even unsafe at the moment.

This is a time to tell some home truth to the young ones from 30 and above too that they should print out the lyrics of the old national anthem and spring from their rhetoric in the social media to action, “lest we should be the last” as a Ghanaian writer, Kwesi Brew once warned us.

The old and the just rested national anthem should be their (call-to-action) weapon of social mobilisation so that the cursed democracy (since 1999) will be rescued. The young ones that successive generations, including mine have failed should brace up to take back their blessed country, which politicians have ruined with an atomic bomb they call democracy. There is some glimmer of hope in the architecture we can find in the rubble. And so, the young and vibrant ones should arise and obey Nigeria’s call.

This is so because instead of fulfilling the pledge to Nigeria, to be faithful, loyal and honest, our leaders have become unfaithful, disloyal and dishonest in all the arms of government. Instead of “serving the country with all their strength”, they have been looting the country’s treasury with all their strength. Instead of defending her unity, they have been condoning “disunity” that the governing party’s leadership has been unleashing on the country with insufferable and unending “parochial appointments”.

There is neither honour, nor glory left for the citizens to cherish. Every day, young ones weep for the state of anomie in a country, where most of the leaders are virtually sleeping on duty. And as a foremost African writer, Ngugiwa Thiong’o notes, “Hope of a better tomorrow is the only comfort you can give to a weeping child”. In this case, there is no glimmer of hope of a better tomorrow beyond sloganeering. Almost twenty-six years of democracy has delivered only a man called Complacency to the nation. The economy is a shambles. Electricity has always been around 4000 megawatts for the more than 200 + million people in 36 states and the nation’s capital. Generally, after 26 years of consistent democratisation, there are no good link roads from states to states.

Even the roads to the economic agencies including the Air and Sea Ports in the so-called economic capital of West Africa, Lagos are not remarkable. Democracy has only delivered private jets to the very prominent power elite who daily fly over bad roads that the people ply, suffering and smiling. As the roads have been left to God in heaven to fix, even the schools – from primary to university levels- are not institutions where innovations can be delivered to the citizens in the 21st century.

As for healthcare delivery, this column has been asking questions: why even the often sickly leaders, some of whom have died in office have not considered it expedient to fund even the University Teaching Hospital in Ibadan to a world class health centre where they can get medical services – as it used to be. Where is the ray of hope where ‘legislooters’, ‘execu-thieves’ and ‘judi-sharing’ as citizen journalists now call them, collaborate to protect their accused members in an enclave nurtured by complacency?

As we have seen through the ages as noted by a political thinker, James Laxar, democracy emerged in a particular historical and cultural context as a consequence of specific social, political and economic struggles. And yet, there has been no compelling evidence that there is a universal yearning for democracy in all cultures and social settings, and we can therefore dispense with the dubious proposition that democracy is an outgrowth of human nature. And so the appetite for democracy arises not from political theory but from the tangible needs of millions of people. The young ones should note that above all, democracy is advanced by the success of political movements whose goal is to improve the lives of the majority of the population in a number of ways. This has not happened in our country.

Today, as Chinua Achebe noted in 1983, the trouble with Nigeria is still simply and squarely failure of leadership that has institutionalised corruption as a fundamental objective and directive principle of state policy. Doubtless, corruption that has incredibly given birth to mediocrity and hopelessness in the country. Part of the fallacies of democracy has just re-echoed in the centre of drama called Lagos. Yes Lagos where a former Speaker could break into the chambers he presided over for 10 years and declare himself Speaker with the help of our lawless police officers. Haba, democracy, where is your classic majesty? And so to the young ones, don’t lose hope, organise. yes, organise. Don’t agonise anymore.

This is the big data age. Get cracking in organising your data on how Nigeria’s power elite, politicians, civil servants and some morons called barons have demonised democracy as government of the corrupt few for their families and their in-laws. That is why the paralysed man called Complacency should be banished for democracy to be a pleasant conversation, a boon. And so, the young talents here should not allow the greedy kingmakers to cast a pearl called democratic leadership before a swine anymore, lest they continue to mess up our country. The weapon they always use is called Complacency. The cure for it is pursuit of civic competence: the power that knowledge and integrity can give to defeat fear of our “very bad people” who have within 25 years crashed democracy and are dancing on its grave.

Nigerian man Ope Banwo produces first African AI-generated feature film, soundtrack album

A renowned Nigerian tech entrepreneur, Dr. Ope Banwo, has cemented his legacy as a visionary, digital trailblazer, and industry disruptor with the release of ‘The OmegaMax Conspiracy’ and ‘Omegapro Scandemic’.

While The OmegaMax Conspiracy is the first fully AI-generated feature film out of Africa, Omegapro Scandemic also makes history as the first AI-produced soundtrack album on the continent.

With the accomplishment, Dr. Banwo, who is the founder of Aiflix360, ushers in a new era in Africa’s entertainment industry.

Produced entirely by artificial intelligence, the projects, which are set for release in March 2025, have sparked conversations about the new ground created by Dr. Banwo in the creative industry.

Speaking of the accomplishment, Dr. Banwo said, “Unlike traditional films, The OmegaMax Conspiracy was made without human actors, physical sets, or manual cinematography. Instead, AI handled everything—from writing the script and animating the characters to voicing the dialogue and designing the visual effects. The accompanying album, available on major streaming platforms, was also created without human composers, instrumentalists, or sound engineers.”

“This isn’t just an experiment; it’s proof that AI can be a game-changer for African filmmakers and musicians,” Dr. Banwo said. “With AI, we can produce high-quality content faster, cheaper, and with fewer barriers,” he added.
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Explaining the implication of his history-making achievement, Dr. Banwo said Nollywood has thrived despite budget limitations and logistical challenges. However, AI-generated filmmaking will significantly alter the landscape, removing the need for expensive film sets, large crews, and extensive post-production work.

The project also challenges long-standing norms in the music industry. While AI-assisted music production has been gaining traction globally, Omegapro Scandemic is the first full-length album in Africa created entirely by artificial intelligence.

“AI is a tool that amplifies human creativity, not replaces it,” he said. “It allows African creators to dream bigger and bring their visions to life without the usual constraints.”

Set for release in March 2025, the movie is based on the shocking true story of the global Omegapro Forex scam.

The OmegaMax Conspiracy unravels one of the biggest financial frauds of the decade in which Omegapro promoters promised financial freedom, luxury lifestyles, and life-changing wealth, convincing over 250,000 Nigerian investors—and millions worldwide—to pour their hard-earned money into what they believed was a revolutionary forex trading opportunity.

No doubt, the duo of OmegaMax Conspiracy and Omegapro Scandemic have placed Dr. Banwo and Nigeria at the forefront of a global discussion about AI and the future of the entertainment industry in Africa.

Leadership

The Defence of Immaturity: A safeguard for children in the eyes of the law

E. Monjok Agom

INTRODUCTION

The defence of immaturity is a legal concept that has sparked intense debate and discussion in recent times. The case of Ella, a young girl of six years, who shot and killed a police officer in the United States of America, has brought the defence of immaturity into sharp focus. This article explores the defence of immaturity under Nigerian law, examining the provisions of both the Criminal Code and the Penal Code.

THE DEFENCE OF IMMATURITY: A GENERAL OVERVIEW

The defence of immaturity is based on the premise that children lack the mental capacity to form the necessary intent to commit a crime. This defence is rooted in the idea that children are still developing physically, emotionally, and cognitively, and therefore cannot be held to the same standards of responsibility as adults.

CRIMINAL CODE PROVISIONS

Under the Criminal Code, which applies to the Southern states of Nigeria, the defence of immaturity is provided for in Section 30. This section states:

“Nothing is an offence which is done by a child under the age of seven years.”

This provision establishes a clear rule that children under the age of seven years are incapable of committing a crime.

PENAL CODE PROVISIONS

Under the Penal Code, which applies to the Northern states of Nigeria, the defence of immaturity is provided for in Section 50. This section states:

“Nothing is an offence which is done by a child under the age of seven years.”

This provision is identical to the one in the Criminal Code, establishing a uniform rule across Nigeria that children under the age of seven years are incapable of committing a crime.

IMPLICATIONS OF THE DEFENCE

The defence of immaturity has significant implications for the prosecution of children and young persons in Nigeria. If a child is under the age of seven years, they cannot be held criminally liable for their actions, regardless of how serious the offence may be.

CASE LAW ANALYSIS

While there is no direct Nigerian case law (to my knowledge) on the defence of immaturity, the case of Ella in the United States of America provides a useful illustration of the complexities surrounding this defence. In this case, Ella, a young girl, shot and killed a police officer who had pinned her mother to the ground in a bid to effect arrest of what turned out to be an erroneous allegation of theft. The case raised questions about the defence of immaturity and whether Ella could be held criminally liable for her actions. Thankfully, she was exonerated!

LIMITATIONS OF THE DEFENCE

While the defence of immaturity provides a safeguard for children, it is not without its limitations. For instance, the defence only applies to children under the age of seven years. Children above this age may be held criminally liable for their actions, depending on the circumstances of the case.

INTERNATIONAL PERSPECTIVES

The defence of immaturity is not unique to Nigeria. Many jurisdictions around the world recognize the defence, although the age limit may vary. For instance, in the United Kingdom, the age of criminal responsibility is ten years, while in Australia, it is ten years for Commonwealth offences and seven years for state offences.

CONCLUSION

In conclusion, the defence of immaturity is an important safeguard for children in the eyes of the law. Under both the Criminal Code and the Penal Code, children under the age of seven years are incapable of committing a crime, and the defence of immaturity provides a complete defence to any charge. As the case of Ella illustrates, the defence of immaturity can have significant implications for the prosecution of children and young persons, and it is essential to consider the complexities surrounding this defence.

E. Monjok Agom
3rd March, 2025

ALDRAP issues pre-action notice to Rivers Assembly, demands compliance with budget procedure or face legal action

The Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) has issued a pre-action notice to the Speaker and members of the Rivers State House of Assembly urging them to comply with the legal steps for enactment of the 2025 Appropriation
Bill of Rivers State Government as stipulated in the Constitution of the Federal
Republic of Nigeria, 1999.

ALDRAP, a professional association of lawyers whose members are staff of the National Assembly and State Houses of Assembly in Nigeria and other African legislatures warned that failure to comply within seven days of the notice will result in a litigation.

Full text of the letter reads:

Rt. Hon. Speaker,
Rivers State House of Assembly,
Port Harcourt,
Rivers State.

Dear Rt. Hon. Speaker, Sir,

PRE-ACTION NOTICE RESPECTING ULTIMATUM FOR RE-SUBMISSION OF THE 2025 ANNUAL BUDGET OF THE RIVERS STATE GOVERNMENT OF NIGERIA.

By way of re-introduction, Association of Legislative Drafting and Advocacy Practitioners-ALDRAP are a professional Association of lawyers whose members are staff of the National Assembly and State Houses of Assembly in Nigeria and other African legislatures.

We write to urge both your good self and members of the Rivers State House of Assembly to comply with the legal steps for enactment of the 2025 Appropriation Bill of Rivers State Government as stipulated in the Constitution of the Federal Republic of Nigeria, 1999.

In the event that within seven days of this letter you fail to comply, we shall instruct our lawyers to take legal steps to urge a court of law to compel your compliance.

For the avoidance of any doubts below are the relevant provisions of the Nigerian
Constitution and other relevant laws and procedures as follows:

Both the Rivers State House of Assembly and His Excellency Governor Fubara ought to comply with the legal steps prescribed in accordance with Chapter 5. Part 2. Section 122 of the Constitution of the Federal Republic of Nigeria, 1999 regarding Authorization of expenditure in Appropriation Bill in respect of any financial year has not been passed into Law by the beginning of the financial year.

The steps are as follows:

Assuming that the Governor Fubara is constitutionally bound to re-submit the said 2025 budget to them, then the due process requires a series of preliminary steps.

Below are the legal steps regarding submission of the annual budget to the State
House of Assembly (using information found on the website of Enugu State) is as
follows:

BUDGET PREPARATION

Ministry of Budget and Planning (MoBP) provides the mechanism to ensure appropriate and transparent allocation of public resources among competing priorities during budget reparation stage.

Annual Budget Call Circular

The formal budget preparation process starts with issuance of annual budget call circular to all Ministries, Departments and Agencies (MDAs) of government. The call circular shall include the following:

  1. Economic and fiscal outlook of the State for the fiscal year;
  2. Aggregate spending limit (stating planning and contingency reserves);
  3. A summary of the State’s budget policy thrusts;
  4. Government-wide priorities;
  5. Explanations and guidelines on projects and programmes in the State
    Medium Term Sector Strategies (MTSS) and Medium-Term Expenditure
    Framework (MTEF);
  6. Sector Spending ceiling;
  7. Form and format of the budget estimates;
  8. Input spending boundaries (e.g., capital versus recurrent and personnel
    versus overhead costs);
  9. Guidelines for preparing recurrent expenditure (Particularly personnel
    costs);
  10. Budget classification and chart of accounts (BC & CoA) in line with
    International Public Sector Accounting Standards (IPSAS) requirements;
  11. Instructions for completing the budget forms; and
  12. Detailed time table for submission of proposal and bilateral discussion.

The time of issuing the call circular is very critical for early presentation of draft
annual budget to State House of Assembly (SHA). Against this background, the
call circular shall be issued on or before the date specified in the budget timeline.

Preparation of Budget Proposals by Spending Units

The Ministries, Departments and Agencies (MDAs) on receipt of budget call
circular are required to prepare detailed budget proposal for submission to the
Ministry of Budget and Planning. The MDA proposal is expected to:

  1. Be in the approved form and format;
  2. Apply the proper budget classification and codes in line with IPSAS
    requirements;
  3. Have a qualitative presentation of their budget submission;
  4. Integrate recurrent and capital expenditures.

To produce the budget proposal within the time frame, each MDA or main
organization is expected to:

  1. Constitute MDA budget sub-committee (to be chaired by Permanent
    Secretary in the case of a Ministry);
  2. Send copy of the budget call circular or ministerial (main organization)
    circular to all sub organizations calling for their proposals;
  3. The sub organization would prepare detailed proposal in accordance with
    the approved form and format;
  4. The sub organization would also prepare a qualitative presentation of the
    Budget;
  5. The Ministry (or main organization) budget sub-committee would review
    the submissions from all sub organizations.

Where an MDA may not have the requisite in-house technical manpower to
prepare their proposals in line with the required format, especially with IPSAS
based BC & CoA, the MoBP will on request, provide technical support to such
MDA during budget preparation. The technical support may be in the form of:

  1. Visit to the MDA to ensure that their budget proposal is being prepared in
    line with the above requirement;

Specific training for budget staff in MDAs where the staff lack proper
knowledge of the requirements, or a member of the technical support team
leading the process in the MDA.

Integrating Annual Budget

The process of integrating the annual budget is primarily interactive in nature.
The aggregate resource envelope is first determined. The personnel and operational cost estimates are computed and deducted from the aggregate spending limit and the balance is considered as the capital development fund.
The total capital expenditure is estimated and would consist of capital projects and programs. The fresh capital investment for the fiscal year would attract additional recurrent cost estimates, which adequate provision should be made in each MDA. The additional recurrent cost implication of fresh capital investment should be computed by line item (or economic input) and added to the personnel costs and recurring operating cost estimates.

To ensure full integrated annual budget estimates, it must take into account additional recurrent costs arising from the new capital investments, e.g., the procurement of new power supply generating plant would, of course require additional supplies of fuel and engine oil, labour in the form of skilled operator or attendant, routine and scheduled maintenance costs during the fiscal year when it is installed. These costs should be taken into account during the fiscal year budget preparation.

Bilateral Discussion

The MoBP and ESEPC on receipt of budget proposals (capital and recurrent from,
MDAs would carry out joint bilateral discussion/negotiation with MDAs on their
proposals. The essence of bilateral discussions is as follows:

  1. Review the proposals with MDAs to ensure consistency with approved
    proposal completion guidelines;
  2. To ensure that the MDAs complied with the input spending boundaries;
  3. Review the personnel and over-head input and its compliance with State
    government overall recurrent expenditure policy (particularly the
    personnel profile)
  4. To test the strategy, projects and programmes consistency with the State
    budget policy as well as sector policies.

Review and judge the reasonableness of the costing mechanism of projects
and programmes in the proposal.

  1. Where necessary allocate additional resources from the planning reserve
    for funding important projects and programmes not covered within the
    MDAs’ resource envelope (expenditure ceiling); and
  2. Review of MDAs’ performance indicators and method of measuring output
    and outcome to ensure consistency with State approved system.

Consolidation of Draft Budget and Review by EXCO

MDA budget proposals would be consolidated by the MoBP, incorporating
amendments and adjustments based on the bilateral discussions.

The consolidated proposals will be presented to the EXCO for review. The EXCO
would ensure that the draft budget estimates reflect the following:

  1. State Budget policy thrusts as well as sector policies approved by EXCO at
    the annual budget planning level; and
  2. Trade off and balance of interests agreed at both political engagement and
    consultative processes with assembly members and stakeholders
    respectively.

Presentation of Draft Budget to House of Assembly

After review of the consolidated proposals, the Governor will present the draft
budget to the State House of Assembly as an appropriation bill within the timeline as specified in annex 1 of this manual. The state appropriation bill is composed of:

  1. The budget message of the Governor; and
  2. The draft state budget.

The budget message of the Governor includes:

  1. The statement of the Governor on the main directions of socio-economic
    development and fiscal policies in the coming financial year and if required,
    the draft bill to ensure the implementation of the proposed budget;
  2. Highlighted review of the previous budget performance; and
  3. Explanatory note on the draft of the State proposed budget.

The Explanatory note is a complete set of documents, justifying the State
proposed budget which includes:

  1. Justification of planned state budget revenues, expenditures and
    deficit/surplus, including the interest rates and maturities on loans
    borrowed for financing of the deficit, as well as trend analysis of the
    mentioned budget elements;
  2. Basic assumptions adopted in determining the budget;
  3. Trend analysis of planned state budget revenues, expenditures and
    deficit/surplus on the basis of actual figures of the previous financial year
    and confirmed figures of the current financial year;
  4. Justification of state budget revenues expectations in the proposed draft
    with a breakdown per “allocations from the federation account”, “tax”,
    “non-tax” and “other” revenues;
  5. Justification of the proposed state budget appropriations, for each line of
    budget classification, identification and justification of the nature and the
    amount of budget credits and guarantees, identification of the basic norms
    for calculation of budget expenditures;
  6. Justification of budget appropriations for financing of targeted
    programmes, with indication of the programmes: legal basis, substance,
    tasks and objectives and phases and timing of implementation;
  7. Costing methods used and bases of determining the cost of capital
    investments;
  8. The structure and trend analysis of external and domestic loan as well as
    grants on the basis of actual figures of previous financial year and estimated
    figures of current financial year
  9. Justification of the appropriations budgeted for generation of
    contingencies fund;
  10. Information on proposed appropriations against the original budget
    requests;
  11. Information on personnel expenditures of budget financed ministries,
    departments and agencies and trend analysis of this information based
    upon the corresponding figures of the last financial year, and the estimated
    figures of the current financial year as well as information on the actual
    number of employees; and
  12. Any other information, which the state Executive finds essential for
    justification of the draft State Budget.

Review and Approval by the STATE House of Assembly (SHA)

The SHA is responsible for officially enacting the budget- or approving it at the
formal legal level. The steps include:

  1. The Executive formally proposes the budget to the House of Assembly (The
    public presentation by the Governor is regarded as the first reading of the
    Appropriation Bill)
  2. The second reading and thereafter the bill will be referred to House
    Committee on Appropriation and other committees for discussion;
  3. Discussion of the budget may involve public hearing, discussion with the
    MDAs and votes by House Committees;
  4. Presentation of report of the House Committee on Appropriation to the
    House (referred to as the third reading); and
  5. Final deliberation and passage of the Appropriation Law.

Assent by the Governor

The approved budget will be presented to the Governor for his assent. Assent
involves the Governor appending his signature to the passed bill to make it a law.”

Yours faithfully,
For: IBUCHIM CHAMBERS

K. A. Amadi Esq.

Chief Superintendent of Police abducted on Abuja highway after he stopped to fix his car

A Chief Superintendent of Police, Modestus Ojiebe, has been kidnapped along Abuja-Kaduna Expressway in Abuja, Nigeria’s capital city. 

The senior officer attached to the Kwara State Police Command was attacked while attempting to fix his vehicle which broke down near Dei-Dei Police Barracks in Abuja. 

In a report, Counter-insurgency expert, Zagazola Makama, said, “While he was attempting to fix the vehicle, an ash-colored Mercedes-Benz with four armed occupants stopped behind him. 

“The assailants searched and robbed Ojiebe and his wife of their mobile phones and ATM cards. However, upon discovering his police identity card, they forced him into their vehicle and sped off, leaving his wife and their car at the scene. 

“Following the incident, the Divisional Police Officer (DPO) of Dawaki Division received a distress call and immediately dispatched a patrol team to the area. 

“Stop-and-search operations have been intensified at various entry and exit points of the FCT in an effort to rescue the officer and apprehend the culprits.” 

At least three independent security sources, among whom are police officers, confirmed the development to Daily Trust but did not go into details.

Tracing an unusual Muslim name

By Lasisi Olagunju

In his column last Saturday, my friend and brother, Farooq Kperogi, reminisced his previous piece on unusual Muslim names in Nigeria which do not “seem to have any links with the rest of the Muslim world.” He listed ‘Badamasi’ as one of them.

Kperogi said some readers of his column traced for him what they thought was the etymology of ‘Badamasi’ to an Arab poet “whose book advanced students in traditional Arabic schools” in Hausaland. He said his readers added that the book, “a Sufi poem, is used as a resource for Arabic vocabulary lessons and that over time, it became popularly known as Badamasi, named after its author.” Kperogi, however, held that he had “not found any scholarly corroboration for the claim that Badamasi is the name of an Arab poet.” Instead, he noted that “there is a late nineteenth-century Ilorin Muslim scholar and poet by the name of Badamasi whose poems are often utilized to enhance Arabic vocabulary and are a staple in the curriculum of traditional Islamic schools. But it’s not clear if he is the original bearer of the name.”

Both Kperogi and his readers may be right. But, even if they are right, the question still remains: How did the author(s) get the name and what does it mean?

A few months before the British invaded and conquered Kano in 1903, a young man wandered into that city with the panache of the literate. He gave his name simply as Abd Allah. As usual in those days, he came with no surname. Historians say he was found to have originated in a place called Ghadames (Ghadamis) in the far north of Africa. He was not alone in Kano; he had uncles who formed the Ghadames community of Arabs. But, because he was well-loved in Kano, he became popular and known as Abd Allah el-Ghadamisi (Abd Allah the Ghadamisi); the toponym, Ghadames (Ghadamis) had provided for him a surname – Ghadamisi, a citizen of Ghadamis.

Because a man’s skill and competence will feed him even in a season of famine, Abd Allah soon found favour before God and man because his primary language was Arabic and he was literate in it. And, because he could read and write Arabic and had quickly amassed enormous competence in Hausa language, C. L. Temple, northern Nigeria’s Lieutenant Governor, employed him as an assistant. He spent some time with Temple, then moved to H. R. Palmer, another top colonial officer who was employed by the authorities to do rural tax assessment. It was Palmer who got Abd Allah to write his memoirs. That book, ‘Your Humble Servant: The Memoirs of Abd Allah Al-Ghadamisi’. There is a 1996 seminal article on it authored by Muhammad Sani Umar and John Hunwick. Because, sometimes an author gets more famous than his work, al-Ghadamisi’s name appears to have overwhelmed the book’s title.

We read former President Ibrahim Babangida in his autobiography (page 2) crediting his father’s name, Badamasi, to the title of a book. He wrote: “As I understand it, my grandfather named my father ‘Badamasi’ after a particular religious book that he consulted regularly. My grandfather was so fond of the book that he decided to name his second child after it, and that was how the name ‘Badamasi’ came into our lineage!” Could he be referring to Abd Allah Al-Ghadamisi’s memoirs?

Sheikh Adam Abdullah el-Ilory (1917-1992) was the founder of the Markaz, Agege, Lagos. He was a highly regarded Islamic scholar and historian, and for that, he got decorated home and abroad. John Hunwick, British academic, author and Africanist, in his ‘The Arabic Literary Tradition of Nigeria’ published in 1997, described Sheikh Adam as “the greatest (Arabic/ Islamic scholar) that Nigeria has produced in the twentieth century.” Adam was educated far and wide and, he, significantly, was at Al-Azhar University, Cairo. He wrote books on Astronomy and Philosophy, on Yoruba origin and history; Islamic history and jurisprudence, Arabic language and its history, etc, etc and delivered hundreds of very seminal lectures.

In one of his lectures that I uploaded on my Facebook wall on 22 March, 2024, Sheikh Adam traced the history of Islam in Hausaland to a group of itinerant clerics and merchants from Ancient Mali. The cleric added that “with the Malians were the Ghadamisi”, the people of Ghadames, a town built on an oasis in northwestern Libya. Geographers locate that place today near the Tunisian and Algerian borders. For centuries, the town was very popular as a centre for Trans Saharan Trade, particularly, the Arab flank of the Slave Trade.

The Sheikh Adam story is better told in his very words but he spoke in Yoruba; I try some translation (and transliteration) here: “The Ghadamisi. They are a tribe, a whole city. Àwon olórúko president wa ní Nigeria nìyen (they are our president’s namesakes). That is where he (Babangida) got his name, Badamasi. Some pronounce that name as Bidimos. They use Badamasi in Hausaland; we use Gbadamosi in Yorubaland. Bidimosi (Badmus, Bidmus) is a recent variant…It is not as popular as Ghadamisi. With the Ghadamisi were the Wangara. The Wangara brought Islam to Hausaland.” The period he spoke of was around the 14th century.

Sheikh Adam linked the Wangara with the Ghadamisi. You would want to ask what brought together those two disparate tribes. The Malian city of Gao was a major hub for trade and cultural exchange in those distant days. History told us that the “westernmost of the three central routes of the trans Saharan trade was the Ghadames Road, which ran from the Niger River at Gao north to Ghat and Ghadames before terminating at Tripoli.” That route provided the common course for the lives of the Wongara and the people of Ghadames in their joint journey of trade and faith to West Africa. It is in The Kano Chronicles that “during the reign of Yaji, the King of Kano from 1349 to 1385, the Wangarawa came from Melle (Mali) bringing the religion of Islam.” The Wangarawa came as clerics, marabouts and scholars.

Kperogi thinks Hausa’s ‘Badamasi’ was “Yorubized to ‘Gbadamosi’ and later anglicized to ‘Badmus’ in Yoruba land.” If he reads me here, and if he agrees with Sheikh Adam that ‘Ghadames/ Ghadamisi’ is the root of ‘Gbadamosi/Badamasi’, I hope he will rethink this conclusion. I say so because between ‘Badamasi’ and ‘Gbadamosi’, the one with the ‘Gb’ sound sounds closer to ‘Ghadamisi’, their root.

Vicarious Defamation Under Nigerian Law: Can a spouse sue?

By E. Monjok Agom

GENERAL PRINCIPLE

Under Nigerian law, the general principle is that a defamatory statement made about a person (in this case, Mr. Peace) does not automatically entitle their spouse (Mrs. Peace) to sue for defamation. However, there are exceptions to this rule, and the circumstances of each case will determine whether the spouse has a valid cause of action.

THE REASONING

Defamation is considered a personal tort, meaning that the right to sue is vested in the individual whose reputation has been directly injured by the defamatory statement. Since the statement is specifically about Mr. Peace, he is the one who must initiate legal action to seek redress for the harm caused to his reputation. Mrs. Peace, as his spouse, does not have an automatic right to sue unless she can demonstrate that the statement also directly affects her or causes her specific harm.

EXCEPTIONS

While the general rule limits the right to sue to the person directly defamed, there are exceptions where Mrs. Peace may have a valid claim:

  1. Direct Reference to the Spouse: If the defamatory statement about Mr. Peace also explicitly or implicitly refers to Mrs. Peace in a way that injures her reputation, she may have a separate cause of action for defamation.
  2. Specific Harm or Damage: If Mrs. Peace can prove that the defamatory statement about her husband has caused her specific harm, such as loss of business, social ostracism, or emotional distress, she may be able to bring a claim under related torts, such as negligence or intentional infliction of emotional distress.
  3. Joint Reputation: In some cases, a defamatory statement about one spouse may affect the joint reputation of the couple, particularly in situations where their professional or social standing is closely tied together. If Mrs. Peace can demonstrate that the statement has harmed their shared reputation, she may have a valid claim.

CASE LAW

Nigerian courts have addressed this issue in several cases, providing guidance on when a spouse may sue for defamation:

  • Ojukwu v. Onovo (1985) 1 NWLR (Pt. 1) 103: The court emphasized that a wife could not sue for defamation based solely on a statement made about her husband unless the statement also directly implicated her. The case reinforced the principle that defamation is a personal tort.
  • Eze v. Nwosu (1993) 4 NWLR (Pt. 289) 345: The court recognized that a family member could sue for defamation if they could show that the defamatory statement about another family member had caused them specific harm.
  • Dyna v. IGP (2018) LPELR-44363(CA): The court reiterated that defamation claims are personal and must be pursued by the individual whose reputation has been directly injured. However, the court also acknowledged that exceptions may arise where the defamatory statement has broader implications for other parties.

CONCLUSION

In conclusion, under Nigerian law, a defamatory statement about a husband does not automatically entitle his wife to sue for defamation. The right to sue is generally limited to the person directly defamed. However, exceptions exist where the statement also directly references the spouse, causes specific harm to the spouse, or affects their joint reputation. In such cases, the spouse may have a valid cause of action under defamation or related torts. Each case will depend on its specific facts and the evidence of harm caused to the spouse. Legal advice should be sought to determine the viability of a claim in such circumstances.

Nigeria can be a theatre of the absurd!

E. Monjok Agom
2nd March, 2025

Thunder Fire You and Ultimatum: A legal analysis of Amawhule’s ultimatum to Governor Fubara on presentation of the 2025 Budget

By Tonye Jaja

On Sunday 8th May, 2022, His Excellency, Nyesom Ezenwo Wike (NEW), then Governor of Rivers State delivered a speech that would be remembered as indelible in the history of Nigeria.

He said: “THUNDER FIRE YOU AND ULTIMATUM”

Below is the context of the said speech:

“Instead of you coming to the government [asking] what is the problem, what happened, you begin to threaten the government, ultimatum. Thunder fire you and ultimatum.”

Rivers State Governor and Peoples Democratic Party (PDP) presidential aspirant, Nyesom Wike, on Sunday, rained curses on members of two Ijaw groups demanding the release of a federal lawmaker currently detained on the orders of the governor.

Farah Dagogo, a member of the House of Representatives, representing Degema/Bonny Federal Constituency of Rivers State, has been in police custody for a couple of weeks.

He was declared wanted by Mr Wike for allegedly hiring thugs to attack the PDP secretariat in Rivers State.

Mr Dagogo, a governorship aspirant, however, refuted the allegation and accused the governor of trying to prevent him from appearing before the party’s gubernatorial screening panel.”

The two (Ijaw) groups gave the governor 48 hours to release him.

However, at a church service on Sunday, Mr Wike lashed out at the groups for giving him an ultimatum to set Mr Dagogo free.

Addressing the congregation at a thanksgiving service on Sunday held at St. Paul’s Anglican Cathedral in Port Harcourt to celebrate the legal victory secured at the Supreme Court of Nigeria in the oil well dispute between Rivers and Imo States, Mr Wike, who standing at the altar, invoked thunder to descend on members of the groups.”

The point of the foregoing is that the issuance of ultimatums by anyone or any institution against a sitting Governor is generally considered an act of disrespect and insubordination to the Governor is generally regarded as the number one citizen and indigene of the said State by way of protocol!!!

It is necessary to provide a legal analysis of the ultimatum itself.

Following the Supreme Court of Nigeria’s judgment of 28th February 2025, the budget cycle has to resume “de novo” (afresh)!!!

This is logical considering that the Supreme Court specifically used the word “resume” for Amaewhule and the 26 lawmakers.

The implication of using the word “resume” means that they have to start afresh!!!

This is because the Supreme Court judgment stated specifically that Amaewhule is the recognised Speaker of the Rivers State House of Assembly, therefore, the previous 2025 budget that was submitted to another person is deemed an illegal document and even non-existent in the eyes of the Supreme Court of Nigeria!!!

Also, let us not forget that there is also a pending judgment of the Supreme Court of Nigeria and other courts of law that would provide a final determination as to the status of Amaewhule and the 26 others in view of their defection from the PDP to the APC in December 2023. Until their legal status as legitimate lawmakers of the Rivers State House of Assembly is determined by the Supreme Court of Nigeria, would it not be illegal and unconstitutional to submit the said 2025 budget to them?

Assuming that the Governor Fubara is constitutionally bound to re-submit the said 2025 budget to them, then the due process requires a series of preliminary steps.

Below are the legal steps regarding the submission of the annual budget to the State House of Assembly (using information found on the website of Enugu State) is as follows:

BUDGET PREPARATION

Ministry of Budget and Planning (MoBP) provides the mechanism to ensure appropriate and transparent allocation of public resources among competing priorities during budget preparation stage.

Annual Budget Call Circular

The formal budget preparation process starts with issuance of annual budget call circular to all Ministries, Departments and Agencies (MDAs) of government. The call circular shall include the following:

  1. Economic and fiscal outlook of the State for the fiscal year;
  2. Aggregate spending limit (stating planning and contingency reserves);
  3. A summary of the State’s budget policy thrusts;
  4. Government-wide priorities;
  5. Explanations and guidelines on projects and programmes in the State Medium Term Sector Strategies (MTSS) and Medium-Term Expenditure Framework (MTEF);
  6. Sector Spending ceiling;
  7. orm and format of the budget estimates;
  8. Input spending boundaries (e.g., capital versus recurrent and personnel versus overhead costs);
  9. Guidelines for preparing recurrent expenditure (Particularly personnel costs);
  10. Budget classification and chart of accounts (BC & CoA) in line with International Public Sector Accounting Standards (IPSAS) requirements;
  11. Instructions for completing the budget forms; and
  12. Detailed timetable for submission of proposal and bilateral discussion.

The time of issuing the call circular is very critical for early presentation of draft annual budget to State House of Assembly (SHA). Against this background, the call circular shall be issued on or before the date specified in the budget timeline.

Preparation of Budget Proposals by Spending Units

The Ministries, Departments and Agencies (MDAs) on receipt of budget call circular are required to prepare detailed budget proposal for submission to the Ministry of Budget and Planning. The MDA proposal is expected to:

  1. Be in the approved form and format;
  2. Apply the proper budget classification and codes in line with IPSAS requirements;
  3. Have a qualitative presentation of their budget submission;
  4. Integrate recurrent and capital expenditures.
    To produce the budget proposal within the time frame, each MDA or main organization is expected to:
  5. Constitute MDA budget sub-committee (to be chaired by Permanent Secretary in the case of a Ministry);
  6. Send a copy of the budget call circular or ministerial (main organization) circular to all sub-organizations calling for their proposals;
  7. The sub-organization would prepare a detailed proposal in accordance with the approved form and format;
  8. The sub-organization would also prepare a qualitative presentation of the Budget;
  9. The Ministry (or main organization) budget sub-committee would review the submissions from all sub-organizations.

Where an MDA may not have the requisite in-house technical manpower to prepare their proposals in line with the required format, especially with IPSAS-based BC & CoA, the MoBP will on request, provide technical support to such MDA during budget preparation. The technical support may be in the form of:

  1. Visit to the MDA to ensure that their budget proposal is being prepared in line with the above requirement;
  2. Specific training for budget staff in MDAs where the staff lack proper knowledge of the requirements, or a member of the technical support team leading the process in the MDA. Integrating Annual Budget

The process of integrating the annual budget is primarily interactive in nature. The aggregate resource envelope is first determined. The personnel and operational cost estimates are computed and deducted from the aggregate spending limit and the balance is considered as the capital development fund.

The total capital expenditure is estimated and would consist of capital projects and programs. The fresh capital investment for the fiscal year would attract additional recurrent cost estimates, which adequate provision should be made in each MDA. The additional recurrent cost implication of fresh capital investment should be computed by line item (or economic input) and added to the personnel costs and recurring operating cost estimates.

To ensure full integrated annual budget estimates, it must take into account additional recurrent costs arising from the new capital investments, e.g., the procurement of new power supply generating plant would, of course require additional supplies of fuel and engine oil, labour in the form of skilled operator or attendant, routine and scheduled maintenance costs during the fiscal year when it is installed. These costs should be taken into account during the fiscal year budget preparation.

Bilateral Discussion

The MoBP and ESEPC on receipt of budget proposals (capital and recurrent from, MDAs would carry out joint bilateral discussion/negotiation with MDAs on their proposals. The essence of bilateral discussions is as follows:

  1. Review the proposals with MDAs to ensure consistency with approved proposal completion guidelines;
  2. To ensure that the MDAs complied with the input spending boundaries;
  3. Review the personnel and over-head input and its compliance with State government overall recurrent expenditure policy (particularly the personnel profile)
  4. To test the strategy, projects and programmes consistency with the State budget policy as well as sector policies.
  5. Review and judge the reasonableness of the costing mechanism of projects and programmes in the proposal.
  6. Where necessary allocate additional resources from the planning reserve for funding important projects and programmes not covered within the MDAs’ resource envelope (expenditure ceiling); and
  7. Review of MDAs’ performance indicators and method of measuring output and outcome to ensure consistency with State approved system. Consolidation of Draft Budget and Review by EXCO

MDA budget proposals would be consolidated by the MoBP, incorporating amendments and adjustments based on the bilateral discussions.

The consolidated proposals will be presented to the EXCO for review. The EXCO would ensure that the draft budget estimates reflect the following:

  1. State Budget policy thrusts as well as sector policies approved by EXCO at the annual budget planning level; and
  2. Trade off and balance of interests agreed at both political engagement and consultative processes with assembly members and stakeholders respectively. Presentation of Draft Budget to House of Assembly

After review of the consolidated proposals, the Governor will present the draft budget to the State House of Assembly as an appropriation bill within the timeline as specified in annex 1 of this manual. The state appropriation bill is composed of:

  1. The budget message of the Governor; and
  2. The draft state budget.

The budget message of the Governor includes:

  1. The statement of the Governor on the main directions of socio-economic development and fiscal policies in the coming financial year and if required, the draft bill to ensure the implementation of the proposed budget;
  2. Highlighted review of the previous budget performance; and
  3. Explanatory note on the draft of the State proposed budget.

The Explanatory note is a complete set of documents, justifying the State proposed budget which includes:

  1. Justification of planned state budget revenues, expenditures and deficit/surplus, including the interest rates and maturities on loans borrowed for financing of the deficit, as well as trend analysis of the mentioned budget elements;
  2. Basic assumptions adopted in determining the budget;
  3. Trend analysis of planned state budget revenues, expenditures and deficit/surplus on the basis of actual figures of the previous financial year and confirmed figures of the current financial year;
  4. Justification of state budget revenues expectations in the proposed draft with a breakdown per “allocations from the federation account”, “tax”, “non-tax” and “other” revenues;
  5. Justification of the proposed state budget appropriations, for each line of budget classification, identification and justification of the nature and the amount of budget credits and guarantees, identification of the basic norms for calculation of budget expenditures;
  6. Justification of budget appropriations for financing of targeted programmes, with indication of the programmes: legal basis, substance, tasks and objectives and phases and timing of implementation;
  7. Costing methods used and bases of determining the cost of capital investments;
  8. The structure and trend analysis of external and domestic loan as well as grants on the basis of actual figures of previous financial year and estimated figures of current financial year
  9. Justification of the appropriations budgeted for generation of contingencies fund;
  10. Information on proposed appropriations against the original budget requests;
  11. Information on personnel expenditures of budget financed ministries, departments and agencies and trend analysis of this information based upon the corresponding figures of the last financial year, and the estimated figures of the current financial year as well as information on the actual number of employees; and
  12. Any other information, which the state Executive finds essential for justification of the draft State Budget. Review and Approval by the STATE House of Assembly (SHA)

The SHA is responsible for officially enacting the budget- or approving it at the formal legal level. The steps include:

  1. The Executive formally proposes the budget to the House of Assembly (The public presentation by the Governor is regarded as the first reading of the Appropriation Bill)
  2. The second reading and thereafter the bill will be referred to House Committee on Appropriation and other committees for discussion;
  3. Discussion of the budget may involve public hearing, discussion with the MDAs and votes by House Committees;
  4. Presentation of report of the House Committee on Appropriation to the House (referred to as the third reading); and
  5. Final deliberation and passage of the Appropriation Law. Assent by the Governor

The approved budget will be presented to the Governor for his assent. Assent involves the Governor appending his signature to the passed bill to make it a law.”

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