By Tony Eluemunor

The moment Senator Ifeanyi Patrick Ubah died last July, I knew I had to write about him – the personable and uncommon businessman and politician, as distinct from the drab garb which media hype, politics, bitterness and misunderstanding had forced on him. Like Chinua Achebe’s Okonkwo, Ubah “bubbled with life like fresh palm wine”, flashing his trademark warm smile, working through punishing hours – night and day, ever the optimist who like a child would stand at the gates of midnight and yet dream of sunrise – as the Australian novelist, Morris West, put it in the The Navigator. Beyond all else, he actually bubbled with business ideas, espying money-minting opportunities where others saw only obstacles. Ifeanyi Ubah recognized neither obstacles nor impossibilities. If becoming wealthy with cash is an audacious adventure, then it suited Ifeanyi perfectly; he was most adventurous, giddily so, boldly so, tactically and tactfully so. Yes, he was kind, warm and personably but when occasion demanded, he could be an irresistible charmer or relentless in his quest and even hard-nosed in execution of his tactics. His aim; to win. Most of the time his major and winsome battle plan was his superior strategy.

Yes, many who knew nothing about him had preached, some abusively, about his character and business morals. Their justification? Oh, Nigerian politicians and businessmen and women have little honour, and because Ubah was both a politician and a businessman, painted him twice guilty. What about the lessons the youths could learn from this primary school teacher’s son, who was rightly convinced that his pathway through life laid in the market place… and so delivered on that singular promise that he became a billionaire before he hit his 25th birthday? What about the inspirations to be drawn from the life of Chief (Dr) Ifeanyi Ubah, a much-moneyed man who after coming a billionaire returned to school and passed his secondary school certificate examination, then contested elections and became a Senator of the Federal Republic? And somewhere along the line, he detoured to the Faculty of Law of an Abuja University to earn a degree. Yes, he did!

Is there nothing wholesome to be copied from the life of this man who, though rich and influential enough that he walked with kings, also remained an unchanged ordinary old time pal to his friends from long ago and from more modest circumstances and eras?

Talk about honour and Ifeanyi Ubah would tell you that the letter “h” in his version of Ubah, stood for honour. So, why the controversies? I asked him point blank during his altercation with a nationally renowned auto dealer, and he told me that he would not play dead, lie prostate on the floor for anyone to use him for a foot mat.  He said he had immense respect for those who extended the hand of friendship to him along the way of life, just as he had extended same to others, but that he would not be bullied by anyone. He knew who he was and if he could not stand up for himself, who would?

Ifeanyi Ubah blazed into the Nigerian public space in 2011 when an unprecedented media splash celebrated his 40th birthday. Yet, how many of the people who tagged him narcissistic knew that Ifeanyi Ubah did not plan that media outing but his friends did – just to celebrate a friend or business associate that had touched their lives? He was not even in Nigeria then. When he returned, he was convinced to say a big thank you by throwing a party for those friends; he did throw that party, but he also threw the doors open so that anybody could attend.

Yes, that party was almost unprecedented in sumptuousness but if there was any trait that could have defined Ubah, it was the epic dimension of all he did. Would he build a house? Oh, it must stand out. Ifeanyi was innovative; he did things in new but astonishing ways.

Ifeanyi Patrick Ubah would have been 53 on September 3rd this year. Many knew him as the Capital Oil man, but Ubah had notched up huge successes in various business fields and in various countries that he was truly legendry. To put this in true perspective, bear in mind that he was born in 1971. By age 20 in 1991, he was already a topflight international businessman s as he was already flying out tires from Nigeria to Mali and Ghana and other West African countries. The real spirit of Ifeanyi Ubah, the one that made him different showed this early in his life; he would often identify ways to do things differently. While other major players in the tire sector were fighting for local turfs, Ubah identified markets overseas. By 1991, when the Structural Adjustment Programme (SAP) was sapping life out of Nigeria, the 18-year old Ubah had a business relationship with tire manufacturers across the globe. From there he ventured into auto spare parts sales. It was after he had deeply rooted his business that he bought his first car. Yet, when he died many wrote that he was showy.

From Ghana Ubah moved to DR Congo n 1991, became the President of the Nigerian Community there, same year, a post he held for over ten years. I met Ubah in Kinshasa, DR Congo capital city by year 2000. Prof Sylvester Monye and I, travelled with late Ambassador Raph Uwechue, President Olusegun Obasanjo’s Minister for Conflict Resolution in Africa, who was on a peace mission there, and a solicitous Ubah remained close to meet our needs. He spoke French fluently.

At 21, Ubah had built his first house at Nnewi, got married same year, and was doing business across Europe and USA. In 1993, he attended the Las Vegas (USA) Auto Show at Las Vegas Convention Centre to learn a few things about the car industry – as he had a big dream for the Nigerian auto industry. But Innoson Motors beat him to it. He frequented the biggest Auto Mechanical fair in Frankfurt, Germany, the globe’s biggest in the automotive sector to arm himself for his entry into the auto-manufacturing business. That dream died with him.

From 1993, Ubah invested in South Africa, partnering with the Anglo America Corporation and acquired his first house there at the age of 24 or 25. That same time, he had opened a Dubai office. From Congo the restless Ubah made business forays into Angola, was buying fish from Windhoek, Namibia, can beer from South Africa Brewery and freighted them by chartered flight to Congo and from Congo to Angola’s twin cities of Lunda and Luanda. He played same game in Dare Salaam, Tanzania, crossing from Lubumbashi in Congo, to Tanzania. Ubah had Mining concessions in diamond and gold rich Kisangani province of Congo.

He returned to Nigeria in 2001 after his close friend, Congo’s President Laurent Kabilla, was assassinated and dreamt up the Capital Oil idea. By 2015 Capital Oil was relevant enough to unilaterally break an embargo on petrol sales the Independent Oil Marketers had ordered against President Goodluck Jonathan’s administration. Barr Afam Iluno and I drafted that proposal to Ifeanyi; to break the protests if he had the means. He had the seventh biggest petrol storage tank farm in Nigeria – in Lagos, Kano, Suleija, near Abuja (he once gave me a tour of the Lagos tank farm, built on reclaimed marshy land) and perhaps in Nnewi and about 500 hundred petrol tankers. Instead of the 30, 000 litres-tankers that Ifeanyi met, his tankers carried 60,000 litres of petrol. Ubah was an innovator. He used novel and creative means to do things differently.  He had studied the oil industry for six months before he stepped into it. He was fully prepared and new the holes to plug; he even said that he knew the number of petrol stations from Benin City to Abakaliki before he registered Capital Oil as a business.     

Thank you, Mr. Daniel Elombah for strengthening the bond between Ubah and I. Elombah had recommended me to head Ubah’s media team in his failed 2014 Anambra state governorship election bid. I turned it down because I was (and still remain) Chief James Onanefe Ibori’s spokesman – but I aided his efforts from the sidelines.  Through Barr Afam Iluno (now US-based) Ubah offered me the Managing Director post of his newspaper, The Authority; I turned it down for same reason. So, Ubah engaged the team I had supplied him (of Madu Onuoha, late Joe Nwankwo and Chuks Akwuna), through Iluno again, to remain close to for political relevance, after his failed governorship bid – to manage the newspaper – Onuorah served as MD.  When Ubah was birthing his NGO, Transformation Ambassadors of Nigeria (TAM) I sat through all the meetings with the likes of his lawyer, Mazi Afam Osigwe, now the Nigerian Bar Association President, Iluno who had been an Anambra state PDP Publicity Secretary and Barr Ben Chuks Nwosu, former Speaker, Anambra state House of Assembly. When I attempted to avoid the final meeting, Ubah postponed it that Sunday from 2pm to 8pm just so that I would attend.

When the DSS detained him, Ubah sent a message; that I should use the things he sent me to write and sensitize the world that he was being persecuted unjustly. I did but refused to sign it because I couldn’t be Media Assistants to him and Ibori at the same time or the speculation could spread that I had abandoned Ibori – and Ibori was in London by then.

Yet, one day, Ubah addressed over 20 journalists in the Authority Newspaper Board Room, saying, “I want to be very clear. I never met any of you before, except Tony Eluemunor – who is a member of my family”. He accepted my stand and respected the boundaries of our friendship.

Please, forget his two private jets, his ten or more crude oil freighter ships, humongous fleet of petrol tankers, a jetty capable of berthing four shuttle vessels simultaneously, 32-arm loading gantry capable of discharging up to 55 million litres of petroleum products, his stately mansions, his Rolls Royce, Maserati and other exotic cars and the razzle-dazzle glitziness that comes with wealth of the stupendous kind. When Ubah died, Nigeria lost an incredible son, a sports enthusiast, a man of vision, a workaholic of boundless energy (who knew neither day nor night but would place his head on a table or a seat’s arm-rest when tired and simply dose off for 10 or 20 minutes while holding meetings in his office and then wake up, shake his head and continue the meeting), an inspired innovator. Ubah’s death robbed the Nigerian sports and Nollywood community of a pillar of support, the common people lost a listening ear and helping hand (his house was always thickly parked with common folks like Nkwo Nnewi (Nnewi’s major market), yes, Ubah loved to be with the people, often just sitting and discussing with his drivers, photographers, tailors, about past experiences, eating with his recent acquaintances and old friends.  Ex-sports stars ran to him when they hit rough seas and he never let them down. Often, you would find him playing table-tennis with ordinary folks. Let a wrist watch or phone seller come in when Ubah was hosting friends and associates and everyone present would receive a gift. But against powerful enemies, he was a formidable adversary.

I had still not found the right moment to write about Ubah when within the week, a former governor and South-South leader, sent me a link to an internet discussion thread; it was about Peter Obi and the Obidients. That was when I saw the light; the late Senator Ifenayi Patrick Ubah actually blazed the trail for grassroots political movement of a different kind in Nigeria with TAN. That was the spark I needed…to write about the Ubah I knew.

TAN, Transformation Ambassadors of Nigeria was conceived in the heart of one man; Dr. Ifeanyi Ubah. TAN embraced strategic media marketing and political advocacy like nothing before it in Nigeria, re-writing the rules of engagement and furthering the limits of what was thought feasible. In the electronic media, it aired over 170 television jingles over 123,000 times. Over 68 Radio jingles (including in Igbo, Yoruba, Pidgin and Hausa).

TAN went into a working relationship with key Television houses in the country: NTA, AIT, Channels and Silverbird, as well as signing an MOU with National Orientation Agency (NOA). It had about 75 critical interventions in the print media in terms of interviews, feature pieces and opinion editorial pieces. TAN attracted over 5,000 news stories- ranging from sports to other critical national issues. 

Yet, where TAN stood out is in the pro-Jonathan rallies it organized in the six geo-political zones, with a grande finale in Abuja. The defining outcome of each rally was the presentation of signatures of real flesh and blood Nigerian citizens calling on President Jonathan to contest the 2015 presidential poll. In the end, it garnered some 12 million signatures of real Nigerians, backed by real addresses, who were urging President Jonathan to make himself available as a presidential candidate in 2015.

That was where TAN helped the Peoples Democratic Party (PDP) the most. Unlike the other 800 pro-Jonathan groups which mushroomed across the country, waiting to be husbanded into action by the PDP, TAN actually showed the PDP the way to follow – to come right behind TAN, which like a bull elephant, beat out a path in the woods and thereby left a trail for the PDP to follow. What TAN did was as audacious as it was novel. The Obidients and other political support groups have a lot to learn from Ubah’s TAN. So, too, do Nigerians.

Yes, Ifeanyi Ubah was an activist, a courageous one. I will never forget Sunday 24^th May 2015 – a few days before Mohammadu Buhari’s presidency incepted. Independent oil marketers had on Saturday 16th May, announced that all depots should suspend petrol loading from Monday 18th May 2015 because of unpaid funds owed to transporters by oil marketers who in turn were owed by the Federal Government. Barr. Afam Iluno and I deliberated all afternoon how Ubah should intervene to save Nigeria from the embarrassment of having a nation-wide shutdown during a presidential inauguration and under intense global focus.  We tinkered with statements whereby Ubah would announce he was opting out of the strike on humanitarian grounds over the torture it had caused Nigerians and he would call for the strike to end. Ubah took the statement, a cheeky smile lit up his face and he said, Capital Oil had in storage over 79 million litres of petrol, though its tank farm facility had a combined storage capacity of 190 million litres of petrol with the capacity to load over 13 million litres, approximately 400 trucks of product per day. Ubah said that he would instruct all Capital Oil facilities to break the strike for the sake of the ordinary Nigerians, especially as the nation was preparing to have a new government. He started making the needed phone calls to his managers immediately, disdaining our advice to wait till Monday for the statement to get into the news media. The reworked statement said: “This is a period that requires patriotism and service to fatherland. Let’s join hands to help our fellow citizens and save Nigeria. We also call on striking bodies to call off the strike action. Let us work together for the betterment of our people.” All night, Ubah was the news. The oil marketers called off the strike the following day.

As the Jews say, “man proposes, God laughs”. A month before his death, Ubah said about his coming Anambra state governorship election bid as an APC candidate; “anyi enwetagoya” (Igbo for we have received it). Would he have won? What sort of innovative governor would he have been? Such answers will ever remain among the useless ifs of history. A total and permanent eclipse abridged Ubah’s life on 27 July 2024.

Ubah was the global citizen; at home in Johannesburg, Kinshasa, Luanda, Bamako, Issale Eko or Ajegunle (Lagos), Las Vegas, London, Frankfurt or his beloved Nnewi.

With Ifeanyi Ubah’s death I lost a friend. Nnewi lost a great son whose petrol stations, often times, sold petrol at Nnewi at reduced price as Ubah’s palliative to his beloved home town. Nigeria lost a sports enthusiast who owned a Football Club, a Games Village and a stadium, a Pan-Africanist, an uncommon innovator with the Midas touch whose business interests spanned from oil and gas (he controlled Nigeria’s kerosene market) the mass media as he owned a newspaper and radio station, hotels overseas to other numerous areas. Unfortunately, Nigerians are not about to learn uplifting lessons from the life of this self-made man who triumphed dazzlingly despite all odds. That is sad.

Ubah was a meteor; ever on the move, ever on the rise, ever aglow until the total and permanent eclipse of this determination and courageous global citizen; at home in Johannesburg, Kinshasa, Luanda, Bamako, Issale Eko or Ajegunle (Lagos), Las Vegas, London, Frankfurt as in his beloved Nnewi or Abuja. He not only lived, he taught us how to live – poor learners that we are. 

The President of Federal Republic of Nigeria, Mr Bola Ahmed Tinubu while on an official engagement in Beijing, China had an interaction with Nigerian diasporans where he stated that the increase in petrol price is a ‘bold and unprecedented decision’ necessary for economic growth of Nigeria.

This statement was made by President Tinubu to justify the increase of pump price of PMS popularly called petrol in Nigeria from the former price of less than N700 per litre to more than N800. This is the second time President Tinubu led administration has increased the pump price of PMS using its wholly owned private company, NNPCL.

The first was on 29th of May, 2023 during his inaugural speech. Nigerians heard and saw the President shout, subsidy is gone and the next day the price of PMS skyrocketed to N550 to N600 depending on your location in Nigeria.

The reason advanced for the subsidy removal is that the funds saved would be used to fund developmental projects, especially hard infrastructure like roads, rails, housing, power and the soft infrastructure such as health and education.

To cushion the impact of the removal of PMS subsidy, the federal government stated that it will provide CNG buses for transportation and open up CNG conversion centres in major cities in Nigeria where car owners can convert their cars to CNG fuelled vehicles.

However, fifteen months into the present administration of President Tinubu, Nigerians are yet to see the CNG conversion centres operational and the CNG buses for mass transport are not yet deployed by the FGN.

Unfortunately, Nigerians depend heavily on the use of PMS as energy source for generating electricity for domestic uses, businesses and for fuelling of their vehicles. Our dependency on PMS is so huge that our country is dubbed generator economy.

Our dependence on PMS for generation of electricity cannot be over emphasised because in many rural communities in Nigeria, petrol powered generators are the only source of electricity for commercial ventures. Even in urban centres, the narrative is almost the same.

The implications for excessively depending on fossil energy for businesses are enormous and far reaching. The increase in pump price of PMS has escalated the cost of production in Nigeria, therefore causing cost push inflation which translates to increase in consumer prices of goods and services, low turnover, low profit margin for manufactured goods and the deaths of many micro and small businesses in the country which was estimated to be 18 million and due mainly to their inability to cope with cost of doing business in the country. This also suggests that more than 18 million Nigerians within the fifteen months of the current government have lost their sources of income thereby increasing the number of the unemployed persons able and willing to work.

Not only are the micro and small businesses dying, the Multinational companies are also relocating their business outfits to other countries in SSA with resultant loss of employments.

The number of the unemployed is increasing while job opportunities are decreasing because of the exodus of companies from the shores of Nigeria. This was certainly not the state of affair during the eight years of former President Buhari’s maladministration that gifted Nigerians with two economic recessions.

Not only are the everyday Nigerians negatively affected by this PMS price hike, the federal government is also losing tax revenue from personal income tax, company income tax, education tax, etc, which are on the decline.

Generally, I can conveniently state that Nigeria’s economy is nosediving at an astonishing velocity and both the citizens and the subnational governments are victims.

Nigerians are passing through tough times occasioned by the current FG policies which appear to target more of the income of the poor and middle classes in Nigeria than the income of the high political and economic elites in Nigeria.

Not only are citizens of Nigeria experiencing existential threats from the bold and unprecedented decision necessary for economic growth as stated by President Tinubu, the economy of Nigeria is also nosediving as shown by macroeconomic variables. Exchange rate of naira to dollar is above N1500 at official rate for an import dependant country such as ours. Interest rate is above 28%, and so also is inflation rate above 30%. In real terms the revenue of the country is declining even though the nominal value is Increasing. This explains why the country is the third highest debtor country to World Bank, the poverty capital of the world with over half of the entire population of the country currently experiencing multidimensional poverty.

Fifteen months and still counting, can we rightfully say based on experiential realities that these bold and unprecedented reforms are producing favourable outcomes in the country? Certainly, the answer is NO. However, I am tempted to conclude that the only beneficiaries of the bold reforms in the country are, Mr President and members of his political and filial families. At least, it is a known fact in the public domain that he recently bought brand new Presidential Jet worth Billions of naira, armoured car, a yacht and his relation acquired Agip oil company.

By Sylvester Udemezue

(1) SOLIDARITY-DONATIONS after preventable tragedies have occurred, are good. And while we commiserate with victims of this devastating flood in Maiduguri, Borno State, Nigeria, we heartily commend all public-spirited individuals and organizations who have shown solidarity by donating generously. However, how many of the many dead residents of Maiduguri would the SOLIDARITY-DONATIONS bring back to life? If governments and leaders were foresighted, proactive and pragmatic, couldn’t they have seen this disaster coming. Couldn’t these SOLIDARITY-DONATIONS have been solicited, organized and channelled towards preventing the disaster or reducing its impact if it must occur, rather than waiting for the disaster to occur and then (in a medicine-after-death style) collecting donations to assuage the pains and losses to victims some of whom are dead and can’t be assisted any longer. Why have Nigeria and Nigerians chosen perpetually to be a people whose habit is mostly to respond to symptoms but never to anticipate problems and prevent them from occuring?

(A). Governments in Nigeria wouldn’t take pragmatic steps to prevent floods and other preventable disasters. They prefer to wait for these to happen so that they would start crying and asking for relief materials that would end up being mostly looted.

(B). The Nigerian Police wouldn’t take serious steps to fight or prevent crimes. They just stay at checkpoints collecting money, while waiting for crime to occur so that they start fighting some alleged criminals!

(C). Nigeria’s EFCC wouldn’t take proactive steps to prevent crime or corruption; it prefers to wait to fight alleged criminals or corrupt people!

(D). Nigeria’s military wouldn’t deploy serious intelligence to prevent terrorism; they are waiting for terrorist attacks to happen, so that they would go and cordon off the place, and start harassing mostly innocent citizens!

(E). The Police wouldn’t take serious steps to prevent armed robberies in Nigeria; they rather wait for armed robberies to happen so that they would start looking for alleged robbers and in process arresting and detaining innocent citizens who would then pay heavily to secure their own release from unjust police detention while the real armed robbers roam the streets freely

(F). The Police wouldn’t be interested in preventing kidnapping; they wait for kidnapping to occur so that they would move in to join in negotiating ransoms, after which they shamelessly organize press conferences to announce RELEASE of the victims as if that was an achievement. If you can’t do anything to prevent kidnapping, you’re not doing any work; joining after kidnappings have occured, to secure release of victims, is evidence of failure. It’s evidence of police incompetence, incapacity, and ineffectiveness in fighting crime! Kidnappings are preventable offences. But we hate prevention; we prefer to fight symptoms after disasters and crimes occur

(G). Most owners/drivers know their cars and vehicles are not in good conditions; they notice faults and prefer to manage them until the car collapses, and they would start efforts at repairs. Many are preventable faults which they saw coming.

(H). Most Parents wouldn’t effectively perform their parental duties towards raising their kids to responsible and productive adults. They abdicate parental responsibilities in favour of pursuit of wealth, riches and other things until their kids become delinquents, drug addicts, sex addicts, street urchins, criminals, irresponsible/wayward wives/husbands, etc, and the parents would start moving from Priest to Priest, from Imam and alfas to imam, doctors to doctors, looking for solution to the symptoms. A sign of incompetence in performance of their parental obligations.

(I). Governments in Nigeria wouldn’t construct roads to prevent accidents and traffic jams. They wait for the roads to get so bad to have killed thousands and or traffic jam completely taken over before they would start working to clear the traffic jams, and only the portions of the roads where the traffic jams occurred will be affected by government repair efforts. Thereafter, they organize press conferences to announce that the traffic jams have been cleared and the portion of the road repaired. They would then relax while waiting for another portion to start taking human lives through accidents and traffic jams, before they come out to clear and repair. Example: East-West Road in Nigeria! A culture of incompetence, incapacity and ineffective governance.

(J). Planning authorities and building regulators, especially in Lagos, collect huge bribes and look the other way as developers and builders deploy substandard materials in building construction. When the buildings collapse killing people, governments would then move in to start emergency relief efforts and organizing shameless press conferences to praise their own efforts. But the collapse could have been prevented if governments were pragmatic, competent and corruption-free.

(K). Governments, Planning authorities and building regulators, especially in Lagos, collect huge bribes and look the other way as owners, developers and builders construct in prohibited areas. Only to turn around after these buildings have been erected to start building demolition as part of government efforts to “sanitize” the city. And they expect people to clap for them. Where was government when the building construction was ongoing? Who had approved the building plans? Government! A sign of unscrupulousness, incompetence, incapacity and ineffectiveness in governance.

(L). WIVES wouldn’t show respect to their husbands, wouldn’t be responsible, effective wives. They keep misbehaving and waiting until their husbands become wayward, and they’d start curative efforts to stop the malaise which they (wives) by their own conduct alone, could have prevented.

(M) Governments and stakeholders wouldn’t take proactive and pragmatic steps towards making elections transparent, credible and fraud-free. They wouldn’t take PROACTIVE steps to prevent rigging and election-result manipulation. They prefer to wait for elections to be rigged, and they would then kickstart ineffective efforts to reclaim lost or stolen mandates or to nullify fraud-ridden elections. I wrote in a paper, as follows:
“The Electoral Act 2022 was signed into law with the aim of legitimising the e-management of election results, as an addition to the existing manual processes, by putting in place safeguards towards promoting the integrity of the pre-election, balloting, and especially post-balloting processes thereby entrenching greater transparency in the election process and ensuring that each round of elections came out as a true reflection of the will of the electorate. Unfortunately, in 2023, Nigerian Courts took the position that electronic transmission was not an indispensable requirement of the Electoral Act, 2022. Since then, a new wave of clamour, agitation to make electronic transmission a sine-qua-non in the election process in Nigeria has sprung up.” We would not hearken until this clamour and enact stringed laws to prevent frauds and manipulations during elections. We would rather wait until another round of elections come, rigging occur, and we would then start crying foul, and filing cases to reclaim mandates, annul rigged elections and punish alleged election criminals. [See: Sylvester Udemezue, “How Nigeria’s National Assembly Can Make the Electoral Act/system Impregnable on Electronic Transmission to Prevent Fraud During Election Result Collation” (a preprint, written on August 13, 2024). Available @ https://ssrn.com/abstract=4929155 or http://dx.doi.org/10.2139/ssrn.4929155
The reality is that if elections are properly and effectively managed with technological
innovations backed by and made mandatory by strict provisions of law, there might by little or no room for rampancy of
election petitions and agitations after each round of elections in Nigeria. Unfortunately, Nigerian lawmakers, governments and stakeholders wouldn’t take proactive steps but would rather wait until elections are truncated and the people’s will subverted. Thereafter, agitations by citizens follow. One may ask, why not we start the agitations now towards forcing leaders and lawmakers to enthrone impregnable laws that would ensure credible and transparent elections which would in turn render such agitations unnecessary? Put differently, let our agitations be channeled towards achieving prevention rather than towards securing a cure. The advocacy here is for PROACTIVE AGITATIONS as opposed to REACTIONARY AGITATIONS.

(N). Bosses and superiors in offices and organizations harrass, intimidate and victimize their subordinates, and thereafter give them queries and punishments as efforts to correct their inferiors in office rather than delivering good and inclusive governance that would carry along your subordinates and make the occasions that may warrant queries hard to occur. The reality is that true good leaders are not known or made by the number of their subjects they tramp down, trample upon or cause to tremble in trepidation. This is why Johann Wolfgang von Goethe wrote that “Correction does much, but encouragement does more.”

Summary: Most leaders in Nigerian are not foresighted, proactive, pragmatic and sagastic. Leadership Proactivity/Proactiveness is defined as the act, characteristic, or habit of leaders thinking and acting so as to prepare for, intervene in, or control expected events, especially negative or challenging ones. Absence of these breeds ineffectiveness in governance which is the best way to explain bad governance. When bad governance reigns, society rots and citizens groan.
▪TO BE CONTINUED
Respectfully,
Sylvester Udemezue (udems),
Proctor, TRM
08109024556.
[email protected]
(20 September 2024)

By Sylvester Udemezue

Where a lawyer (or litigant) has good grounds for complaints against a judicial officer, in my opinion, below are the only options available in law and legal ethics, depending on the circumstances:

1. Counsel can respectfully and politely call the court’s attention to a minor default or slip; an example is a default in following proper procedure. I was in Court in Lagos in 2022, when a judge tried to rebuke/punish a man for some perceived misbehaviour in court in respect of the proceedings, (perhaps inadvertently) without first affording the affected person an opportunity to be heard. Mr. Femi FALANA, SAN, stood up in court and very respectfully and politely drew the court attention to the slip. The Court was grateful for learned Silk’s kindness, and immediately proceeded to do the right thing by allowing the man to give his own side, at the end of which the controversy got peacefully resolved and no punishment was handed to the man, as the judge now understood the real issues. Please, note that in drawing the attention of the judge to perceived slips, care must be taken to ensure ABSOLUTE POLITENESS and UNDILUTED CANDOUR on the part of Counsel. In this regard, anything that could cause the presiding judge unnecessary embarrassment must be avoided.
2. Where the judge has displayed clear acts of bias, prejudice, or other form of prejudicial interference with the proceedings or descending into the arena of conflict in a manner that could reasonably be interpreted to constitute the judge a Hippy Harlet (see Sunday Okoduwa v. State), etc., counsel could file an application to have the judge disqualify himself from continuing to hear the case; or
3. . In more serious cases, it’s an option for counsel to apply to the CJ (or other head of the court) to have the case file withdrawn from the misbehaving trial judge and then reassigned to another judge; or
4. . Counsel could make that a ground of appeal after judgment. Exactly this is what happened in Sunday Okoduwa v State (1986) 2 NWLR (pt. 76) 333
5. In more extreme cases, especially where the alleged misconduct amounts to professional misconduct or a breach of the Code of Conduct for Judicial Officers, counsel or his client could file a petition before the NJC for professional discipline.
6. Counsel may choose to take no steps at all, especially where the alleged misbehavior on the part of the judge is negligible. Counsel appearing before a judge should know that sometimes complex conduct on the part of a presiding judge could cause the judge to engage in some petty, irritating conduct during proceedings, just to express his complex, or to try to annoy the lawyer. Sometimes, some Judges do these unconsciously, without any deliberate intention to obstruct justice or prejudice any party, but merely as a result of complex or other petty and myopic prejudices or thoughts. Counsel should be mature enough to know when to ignore the shenanigans of a petty presiding judge. Finally, counsel must know that demeanor varies from judge to judge. Hence, the fact that a particular judge behaved in a particularly admirable manner doesn’t mean that another judge must act in a similar manner. Judges are human beings; the rule that requires you to show respect to the presiding judge doesn’t say that the Judges are infallible, perfect, or otherwise all-knowing. Hence, counsel should leave a minimum room for some differences or variations in the manner in which judges conduct themselves in court. “Know Your Judge” is a cardinal guiding principle in courtroom advocacy. Lawyers appearing in courts as advocates must learn to understand the nuances of judges. Approaches differ from judge to judge.

WARNING:.

A. Under NO circumstances should a lawyer walk out on a judge/court or disrespect or otherwise engage in any form of altercation with, or verbal abuse against, or exchange with, the judge! Doing any of those is a serious form of disrespect to a court of law.

B. Generally, regarding LAWYER’S RELATIONS WITH THE COURT, Rule 30 of the RPC provides, “A lawyer is an officer of the court and accordingly, he shall not do any act or conduct himself in any manner that may obstruct, delay, or adversely affect the administration of justice.”. Rule 31 provides “31.

(1) A lawyer shall always treat the court with respect, dignity, and honor.

(2) Where the lawyer has a proper ground for complaint against a judicial officer, he shall make his complaint to the appropriate authorities”.

Respectfully,
Sylvester Udemezue (udems)
Proctor,
Reality Ministry of Justice (RMJ)
08039136749.
[email protected].

By Sonny Onyegbula

Human rights enforcement in Nigeria inhabits many complexities such as the enforcement mechanisms for court judgements, which tend to hinder progress. Other issues relate to prolonged cases, judicial timidity, and interference from the executive and politically exposed individuals.

Nigeria’s 1999 Constitution (as amended) has provisions for a set of fundamental human rights, indicating the country’s commitment to the principles of justice and equality, with nuanced understanding of the interplay between individual rights and state obligations.

Human rights protected by the Nigerian Constitution include the right to Life (Section 33), right to Dignity (Section 34), right to Freedom of Expression (Section 39), right to Fair Trial (Section 36), Personal liberty (Section 35), Privacy (Section 37), Freedom of movement (Section 41), Freedom of association (Section 40), rights of persons with disabilities (Section 42), and right to Education (Section 18).

However, the rights to economic benefits, education and healthcare are non-justiciable, underpinned by inadequate resources and the lack of political will for implementation, and this underscores the need for more aggressive advocacy.

Also, despite the robust legal framework, the enforcement landscape reveals a disconnect between the normative instruments and the reality. Human rights violations, impunity, and institutional inertia underscore the need for a more effective accountability mechanism, judicial reform, and a cultural shift towards rights-based approach to governance.

Strengthening institutional capacity, ensuring judicial independence, and fostering a culture of transparency, accountability, and respect for human rights are essential to protect human rights in Nigeria. This requires a concerted effort by all stakeholders, including the government, civil society, and individuals, to ensure that the rights enshrined in the Constitution are enforced and protected.

The importance of enforcing court judgements to an effective justice system cannot be overstated. It is a fundamental aspect of the rule of law and a critical component of human rights protection. Legal scholars, human rights activists, and judges have consistently emphasized the crucial role of the judiciary in enforcing court judgements.

The consequences of non-enforcement of court judgements are many and far-reaching, including the erosion of trust in the judiciary and the rule of law. Persistent human rights violations and impunity can undermine the integrity of the legal system. In addition, the lack of enforcement of court judgements, entrenches human rights violations.

Additionally, the government and other stakeholders must work collectively to create the enabling environment for the enforcement of court judgements to promote human rights, accountability and the entrenchment of a justice system that meets international standards.

The approval or permission of the Attorney General of the Federation is required to enforce monetary judgements against state agencies, but executive interference and political pressure hinder the enforcement of court decisions.

South Africa has a track record of enforcing court decisions, particularly those related to human rights. Two notable cases demonstrate this commitment:

In Makwanyane v. South Africa (1995): The Constitutional Court abolished the death penalty, upholding the right to life, while in the Khosa v. South Africa (2004): The same Court ordered the government to provide housing, which comes under socio-economic rights.

Another judicial system that upholds the rights of individuals and ensures enforcement of court decisions to a very large extent is that of India.

In Maneka Gandhi v. India (1978): The Supreme Court established the right to life and liberty, including the right to a fair trial. Similarly, in Olga Tellis v. India (1985), the apex Court also ordered the government to provide housing, under the socio-economic rights.

The Indian Supreme Court is committed to prioritizing judicial independence, curbing executive interference and corruption, and ensuring effective enforcement mechanisms.

The U.S. Supreme Court has also demonstrated, through decided cases, a commitment to the protection of citizens’ right and promotion of social justice. For instance, in Marbury v. Madison (1803), the Supreme Court established a judicial review, a process where the apex court can review the constitutionality of laws or legal actions, to ensure the enforcement of constitutional rights.

In Brown v. Board of Education (1954), the same Court also ordered desegregation and enforced equal protection rights.

Britain is not left out as seen in  Entick v. Carrington (1765), where the UK highest Court established the right to privacy and judicial review, setting a major precedent for protecting individual rights.

Also, in R v. Secretary of State for the Home Department (2013), the UK Supreme Court ordered the government to respect human rights in deportation cases, demonstrating the court’s commitment to upholding human rights and the rule of law.

To address bottlenecks on the enforcement of court decisions, Nigeria must prioritize judicial reforms, ensure independence of the judiciary, and deal with the systemic barriers that prevent marginalized groups from accessing justice. The legal profession must also uphold ethical standards and promote access to justice for all.

It is obvious that the U.S., UK, South Africa, and India have demonstrated different approaches to human rights enforcement, with unique strengths and weaknesses.

In the US, the Constitution and the Bill of Rights provide a robust framework, with the American Civil Liberties Union (ACLU) playing a crucial role in enforcement through litigation and advocacy.  However, the system also faces some challenges such as the politicization and erosion of civil liberties.

In contrast, the UK’s Human Rights Act 1998 offers a more comprehensive approach, incorporating the European Convention on Human Rights and providing individuals with a clear avenue for redress. The UK Human Rights Council promotes and protects human rights, although the system now faces some challenges related to Brexit.

South Africa’s Constitution has progressive provisions on human rights and social justice, with the South African Human Rights Commission playing a vital role. However, poverty, inequality, and access to justice also hinder enforcement.

India’s Constitution enshrines fundamental rights such as the right to life, liberty, and equality. However, issues related to poverty, discrimination, and state repression remain a blight on the country’s human rights record. There are also issues related to corruption and inadequate access to justice.

No judicial system is perfect, but Nigeria can draw useful lessons from other countries’ experiences and insights for transformational changes in its system. This will make sure that adoption of a comprehensive approach to strengthen the independence and impartiality of the judiciary, are more transparent with merit-based appointments, and increased access to justice and legal representation for  marginalized groups.

There is also the need for regular training for judges and other judicial officers, the police and security agencies, to equip all stakeholders with adequate knowledge on issues related to human rights and the rule of law.

The reform to Nigeria’s judicial system should also combat corruption and ensure accountability. It should involve relevant stakeholders for inclusiveness, to ensure buy-in and collective ownership.

Dr Sonny Onyegbula is a U.S.-based Legal Consultant