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As the Count Begins

By Chidi Anselm Odinkalu

Africa’s largest experiment in electoral democracy is underway as Nigeria counts the votes cast in its presidential and parliamentary elections, which occurred on Saturday, 25 February 2023. It is too soon to say who Nigeria’s next president will be and it may be a few days yet before the Independent National Electoral Commission (INEC) announces the results.

The early evidence appears to confirm pre-election suggestions that the race will be a close one between Atiku Abubakar of the main opposition, Peoples’ Democratic Party (PDP); Peter Obi of the insurgent Labour Party (LP), and Bola Ahmed Tinubu of the ruling All Progressives Congress (APC), with Rabiu Musa Kwankwaso of the New Nigeria Peoples’ Party (NNPP) in a respectable showing.

The election season has been full of incidents many of which will affect the credibility of whatever the INEC chooses to announce as the results when they do.

Two days before the opening of voting in Africa’s largest elections, the candidates in Nigeria’s presidential elections met in Abuja, the Federal Capital, on 23 February 2023, to sign a “peace accord” promising to eschew violence and hate speech in the ballot and to accept the outcome peacefully. The accord is the idea of the National Peace Committee, a leadership initiative led by Abdulsalami Abubakar, the former Army General who transitioned Nigeria to civil rule in May 1999.

This was the second of such accords by the candidates in the campaign season preceding the vote. A similar accord signed in September 2022 did not much preclude a campaign season in which reports of intolerance and violence sign-posted a fractured political landscape that very much sums up the toxic legacies of nearly eight years of Muhammadu Buhari’s second misadventure in power.

It was not entirely clear how or why the National Peace Committee divined that two peace accords were needed to police one election. The fact that it considered a second accord essential suggests that the first was insufficient or ineffective. If the Committee bothered to report on why the first accord failed or what it did to preclude such an outcome, it did not make such a report public.

All the evidence suggests that the parties and their candidates did not much regard the peace accord. A report issued on the eve of commencement of voting on 24 February 2022 by the Incident Centre for Election Atrocities (ICEA), a civic coalition that tracks election-related violence in Nigeria, compiled in two month period beginning in December 2022 “at least 89 incidents of politically-motivated killings (including of 30 security personnel) and 18 abductions (including of 1 Police Officer). There were at least 13 attacks on political campaign rallies. Within the period, there were at least 7 arson attacks on INEC facilities and at least 12 brazen attacks on police, military and para-military facilities.” At least one senior politician was beheaded in Imo State in south-east Nigeria; another was incinerated in the week of the ballot.

Voting itself took place in a context of considerable public anxiety. A re-design of the country’s currency implemented shortly before the election resulted in what the New York Times described as “chaos and suffering” which threatened to tip the country into mass unrest. Deprived of their loot of cash with which to induce voters or buy election officials to skew the results, State Governors mostly belonging to the ruling All Progressives Congress, APC, claimed to have secured a controversial and unclear temporary order from Nigeria’s Supreme Court to defer implementation of the currency change, adding to the air of uncertainty around the elections. President Muhammadu Buhari, who had communicated a desire to create a level playing field for the vote, gave his support to the Central Bank to see through the implementation of the currency reform, effectively drying up much of the usual flow of money used to corrupt Nigeria’s elections and infinitely escalating the costs for anyone wishing to buy votes.

Voting day witnessed significant incidents of violence across the country. In many parts of Lagos and in parts of Rivers State, reports suggested patterns of violence consistent with voter intimidation and suppression. In Lagos, there were rampant reports of attacks on voters in parts not considered friendly to the candidacy of the ruling APC or on polling units considered to have a majority of such voters. Despite these attacks, voters showed remarkable resilience and courage. In Surulere, Lagos, a young woman attacked and stabbed in the face by thugs suspected to be from the ruling party returned bloodied and bandaged to cast her vote.

Contrary to the repeated assurance of INEC’s leadership, election day appears to have caught the Commission unprepared. In many places, the flaws were too evident: shoddy election logistics; confusion over the location of polling units or the allocation of voters to units; misleading configuration of data into the Bi-Modal Voter Accreditation System (BVAS); misconduct or suspected collusion by polling officials with party political interested were reported.

Equally contrary to the assurances of the Commission, the BVAS failed or disappointed in many locations. Some of its high-profile victims include the Governor of Rivers State, Nyesom Wike; and the Director-General of the World Trade Organisation (WTO), and Nigeria’s former Finance Minister, Ngozi Okonjo-Iweala. As a result, in many places around the country, voting continued well into the night or will resume on Sunday, 26 February.

Where voters braved the hurdles erected by the INEC and the polling officials showed up and coaxed performance out of the BVAS machines, in many cases, the results transmission process became hostage to Nigerian arrangements. Long after voting had closed, on Saturday night, the INEC’s results viewing portal had not yet logged any results and a significant number of locations reported refusal of polling officials to upload result sheets to the INEC results portal, raising suspicions of results manipulation to the end of achieving co-ordinated substitution and replacement of results from the polling units with manufactured outcomes that bear no relationship to what occurred at voting.

In many parts of the country, a substantial number of reported anomalies occurred under the watch of security agencies. In Kano, the Commissioner of Police, Mohammed Yakubu, was asked why the police took no action against what appeared to be a systematic pattern of voting by persons who were manifestly children. Far from denying it, he stuttered his way to an extraordinary mea culpa, claiming: “it is very difficult to determine by mere appearance who is a minor or not. Most of the ones you are seeing may be their growth rate might be impaired.”

As the count gets underway, three things already seem very clear. First, Nigerian citizens took this election seriously and their collective belief in the destiny of their country is the biggest single good news in this election.

Second, the assurances of the INEC about competent management of the election were always empty and lacking in credibility. The citizens deserved better than the INEC served up.

Third, whatever the outcome that the INEC chooses to announce, the winner in these elections will almost certainly receive less than 50% of the votes cast and will need to run a government of all talents (GOAT), seeking and finding ways to ensure that every part of the country takes a stake in the government that emerges.

This will be important because Nigeria’s new president will need more than just a good bank of political capital to spend on the country’s myriad problems when he takes over at the end of May 2023. He will also need the talent to bind the country’s wounds. For that, INEC needs to guarantee a credible count for, absent that, whoever is announced as winner will lack the authority needed to put Nigeria back on the map as Africa’s anchor country.

A lawyer and a teacher, Odinkalu can be reached at [email protected]

Eleven reasons why he is my own candidate for the 2023 elections in Nigeria and only his victory would make me the happiest

(an answer to a question on who-will-you-vote-for)

By Sylvester Udemezue

The Law Centre (TLC) is a platform, moderated by distinguished learned AIK MALIK, SAN, and devoted to discussing and promoting law, law education, law practice, law reforms, law enforcement, law teaching, the law profession, administration of justice, the judicature and nothing else. It then happened, that in the early morning of 24 February 2023 (the eve of the 2023 Presidential and National Assembly Elections in Nigeria), during a general discussion on sundry LEGAL issues, with Mr. Femi FALANA, SAN, Prof Dakas SAN, Chief OCJ Okocha, SAN, Chief Ferdinand Orbih, SAN, AIK MALIK, SAN, Olajide Abiodun (MoR), Fernandez Marcus Obiene, Esq, Jide Salami, Esq, and very many other legal juggernauts graciously participating/contributing, something else (an issue flowing from the issues) came up and resulting in my bosom buddy, learned colleague and intellectual-collaboration companion, Jide Salami, Esq raising a sudden question for me, saying “Who will you vote for…”, in answer to which the learned silk Aik Malik, SAN, raised a response even before I could say anything. In the learned silk’s usual friendly and jocularly style, he contended that “Under the Electoral Act, this is an unlawful question,” with which Chief Orbih, SAN concurred by saying “correct”.

Well, while other discussions continued (indeed still continuing) I got so filled with awe at the question by my buddy that I began self-asking, should I still answer Mr. Salami’s question or should I just adopt the learned silk’s reaction as my response, to let the sleeping dog lie? Please, recall the way Macbeth had begun speaking to himself when he felt tied to a stake. That’s not to say I too felt tied to a stake, under the present scenario, by Mr. Salami’s question, but that I actually spoke to myself exactly as Macbeth once did. But you’d recall also that Mr. Macbeth had murdered sleep, and accordingly (and justifiably so) never slept again, unlike in my case. Anyway, after a brief thought, I concluded (albeit without writing anything to that effect, on TLC) that who and who I would vote for on 25 February 2023 was a decision to be revealed only during the elections, on the secret-ballot paper, and thereafter to be submitted to the secret-ballot box; it’s not a matter for discussion on TLC. This could be what the learned silk had in mind in his response to Mr Salami, even though I did not bother to request any further expatiation to the learned silk’s apt extrapolation, although the learned silk had earlier prayed for me thus, that “I wish you well always. Best of luck to your candidate tomorrow, oga Udems”, which actually had laid the foundation for Mr Jide Salami ‘s question afore-quoted. So, I made up my mind to answer Mr Salami’s question in another way (especially considering that he later wrote, “I withdraw this question…”) by rather keying into the Learned Silk’s prayer that my candidate should win. This immediately raised the question as to who really is my candidate before and during the 2023 elections, the one whose victory in this election would leave me the happiest, the most satisfied and the most elated. It was not long before I concluded with certainty that my candidate is President Muhammadu Buhari. How, you may ask! Okay, check these out. President Buhari has obviously worked hard and spoken hard (I shall I’ve shown below) to make the 2023 elections free, credible, peaceful, hitch-free and successful in producing a winner whose victory reflects the will of the majority of the electorate; whose victory represents the exact outcome of the votes cast, so that after all is said and done, Nigerians can say with considerable amount of certainty that we voted in an atmosphere devoid of manipulation and electoral malpractices and our votes really counted. These are Buhari’s plans, I believe, and if all these desires and plans come to pass as planned and as promised, my candidate Buhari would have won, and would indeed have become the actual, true and ultimate winner of the 2023 elections, being the hero of the elections and the man of the match who goes away with the golden booth. Below are TEN of the many reasons my candidate before the during the 2023 election is Mr President Buhari, although (regarding the candidates whose names are on the ballot) whoever among them wins in a free and fair election is my candidate.

1️⃣. Introduction of BVAS to check usual fraudulent practices during voter accreditation, actual voting, vote-count and collation and transmission of results;

2️⃣. Introduction of Electronic Transmission of election results, and the INEC Election Result Viewing Portal, aimed to frustrate people with evil plans to snatch or stuff ballot boxes or to otherwise alter election results. Explaining the BVAS and the IReV technologies, Prof. Mahmood Yakubu, the Chairman of the Independent National Electoral Commission (INEC) said
“The Bimodal Voter Accreditation System [BVAS] and INEC Election Result Viewing Portal are two technological innovations celebrated for enhancing the transparency of election results and boosting public trust in electoral outcomes in recent elections. INEC asserts that these technologies are addressing the 10 most pervasive weaknesses in Nigeria’s election result management process, which include falsification of votes at polling units, falsification of number of accredited voters, collation of false results, mutilation of results and computational errors, swapping of results sheets, forging of results sheets, snatching and destruction of results sheets, obtaining declaration and return involuntarily, making declaration and return while result collation is still in progress and poor record-keeping. Both tools perform mutually reinforcing and critical functions in elections. The BVAS is a technological device used to identify and accredit voters’ fingerprints and facial recognition before voting. The device is also used for capturing images of the polling unit result sheet (Form EC8A) and uploading the image of the result sheet online. IReV is an online portal where polling unit-level results are uploaded directly from the polling unit, transmitted and published for the public. At the front end of the online portal, members of the public can create personal accounts with which they can gain access to all uploaded results stored as PDF files. This accessibility of polling unit-level results increases transparency and public trust in the process”.
[“Inspiring confidence in BVAS, electronic transmission of election results; Punch; 21 October 2022].

3️⃣. Introduction of Naira Redesign, Daily Cash Withdrawal Limit and Swap policies to checkmate politicians planning to engage in Vote Buying, Voter Inducement and manipulation for the purpose of securing victory through the back door. Buhari wants a winner to emerge through a transparent process devoid of manipulation of unsuspecting gullible Nigerians. In a piece titled “CBN’s Naira Redesign, Daily Cash Withdrawal Limit And Swap Policies: Any Benefits For Nigeria And Nigerians?” (Sylvester Udemezue; ThenigeriaLawyer; 19 February 2023], I observed:
“Then (this must be restated as a major benefit) one could notice that the usual practice of corrupt and unscrupulous politicians throwing cash around anyhow during elections and political campaigns, appears to have gone down even with the 2023 elections barely days away. During past elections in Nigeria, voter inducement in the name of TraderMoni and other forms of criminal Vote Buying and spraying and sharing of huge amount of cash to unsuspecting and gullible Nigerians with a view to controlling and swaying their choice during the elections by deceiving them with money, would have BY NOW reached their peak. On the contrary, one could notice that preparations towards the 2023 Elections appear slightly different. Not that the ugly practice of sharing cash for votes, has been wiped out, but that the volume has been considerably deflated. It’s therefore good news that 2023 Elections might turn out to be the first elections in Nigeria where money and material things played the least role in determining who wins the elections. It’s a huge good news attributable to the Naira Redesign and Daily Cash Withdrawal Limit policies of the CBN”.

4️⃣. Nation-wide Clampdown on louts, vagabonds and hired thugs across Nigeria, aimed to send a message to them that the 2023 elections wouldn’t be business as usual. See for example: “Army arrests 116 suspects in ongoing Lagos operation” [The Guardian; 31 January 2023]. The report had it that “The Nigerian Army raided the Oshodi area of Lagos on Monday as part of the ongoing Exercise Still Water started in October 2022….The military arm confirmed the arrest of 116 persons, including a number of suspects that were planning to go for attacks….Commander 9 Brigade, Brigadier General Isang Akpaumotia, said the areas covered included Railside, Brown Street, Araromi and others in Oshodi….Akpomutia disclosed troops of Exercise Still Water were conducting similar raids in the Festac and Mile 2 areas of the state….The Assistant Director, Army Public Relations, 9 Brigade, Major A.K. Bello, said the exercise seeks to curb criminalities in Lagos.” See also “2023 Elections: Security agencies commence ‘Show of Force’ in Akwa Ibom State” [21 February 2023; Daily Post] _”The Security forces involved in the operation were the Nigeria Police, the 2 Brigade Nigerian Army, Immigration, Federal Road Safety Corp, National Drug Law Enforcement Agency, and the Civil Defence. The exercise is meant to be carried out across the local government areas of the state, especially the volatile areas where election thuggery, arson and other forms of electoral malpractices hold sway.Addressing the officers and men of the force at the Mopol base along Idoro road Uyo, the state capital, the Commissioner of Police, CP Olatoye Durosinmi said the essence of the exercise was to reassure the electorates of their readiness in providing security for them before, during and after the forthcoming elections in the state. He said, ‘We want to use this opportunity to tell the hoodlums that we are ready for them; it’s either they relocate or become law abiding citizens as we are ready to take them headlong should they attempt to threaten the security in the state'”

*5️⃣. Arrest of Illegal entrants into Nigeria and Insistence of the Buhari Government that Foreigners Won’t Vote In the 2023 Elections.
See: (A) “Immigration Arrests 516 Illegal Immigrants With PVCs, NIMC In Kaduna” [Daily Post; 2 February 2023]. “The Nigerian Immigration Service (NIS) has arrested 516 illegal immigrants in Kaduna State with some of them having permanent voter cards and national identity cards…The illegal immigrants were from Niger Republic, Chad, Cameroon, Togo and Senegal…The state comptroller, Liman Sani Kila, while parading the illegal immigrants at the command’s headquarters said those arrested were undergoing profiling and would be deported. Kila explained that in the last year’s mop up operations, the command retrieved 1,000 PVCs from illegal immigrants arrested within Kaduna Zone.” (B) “Immigration Seizes 6,216 Nigeria’s Voter, ID Cards from Foreigners” [ThisDayLive; 8 February 2023]. (C). “2023: Immigration Service vows to disallow foreigners from voting in border communities” [Daily Post: 6 October 2022]. (D). “Foreigners arrested with PVCs, Nigerian national ID cards in Ondo” [21 February 2023]. (E). THE comptroller general of the Nigerian Immigration Service (NIS), Isa Jere, has stated that the agency will be on high alert to spot and detain foreigners attempting to vote in the upcoming elections in 2023. Jere made this statement today in Abuja at an election retreat for NIS Zonal Coordinators and Command Comptrollers adding that the Service, would make sure that only eligible Nigerians cast votes. He added that the NIS had successfully seized voter and national identification cards in the possession of foreign nationals, who had then been swiftly returned. [We are at alert to prevent foreigners from voting in 2023 elections – NIS: Naija Times; 8 February 2023]

6️⃣. Declaration of neutrality by President Buhari ahead of the 2023 elections. On 23 February 2023, Mr President Buhari declared:
…we have worked so hard to ensure that we pass on a legacy of free, fair, credible, safe, and peaceful elections. We will continue to act with neutrality and allow the rule of law to take precedence over political expediency. There should be no riots or acts of violence after the announcement of the election results. All grievances, personal or institutional, should be channelled to the relevant Courts.” See
2023: No Riots, Violence After Election RESULTS – BUHARI WARNS, INSISTS HE HAS NO CANDIDATE [BarristerNG; 23 February 2023] . Earlier, Mr President Buhari had directed all Nigerians of voting age to go out during the elections to “vote for any candidate of your choice irrespective of political party affiliation. There is no going back on the Naira Redesign policy. The idea behind it is that I would not allow any politician to mobilize resources to buy votes or to manipulate voters during these elections. And I will not allow any politician to mobilize thugs in any part of the country for the purpose of intimidating voters and Nigerians”. On December 7, 2022, President had advised Nigerians to voter any candidate of their choice. “Vote candidates of your choice, Buhari advises Nigerians” [Punch; 7 December 2022]. Again, it’s reported by Daily Post on 6 February 2023, that “2023 election: Vote candidates of your choice without fear – Buhari tells Nigerians”. See also “Vote candidate of your choice, naira policy created to crush money politics: Buhari” [PMNews]

7️⃣. Buhari’s insistence that Security Agencies Must Be Politically Neutral in the 2023 ELECTIONS. See: “2023: Remain Politically Neutral, Buhari Charges Police” [Channels TV; 31 October 2022]. 2023: President Buhari Urges Armed Forces To Remain Neutral [Voice of Nigeria; 5 December 2022[. See also: “Elections: The Whole World Is Watching You, Buhari Tells Security Agencies” [Daily Trust;. 13 February 2023]. The report quoted President Buhari as saying, to the security agencies:
“You should, however, be reminded of my high expectations of your leadership, particularly, in relation to the provision of requisite security that will engender not just stable security space ahead of the general election, but guarantee the credibility of the exercise.In this task, I call on the IGP and indeed, all law enforcement agencies that will be complementing the police in the election security process to note that the eyes of the nation and the global community will be on you all. .”

8️⃣. Mr President Buhari provided adequate security and made adequate safety arrangements to ensure that all political parties and their candidates conducted their campaigns peacefully and successfully in all parts of Nigeria. Thank you, President Buhari for providing a level-playing ground to all parties for their campaigns.

9️⃣. Buhari’s Promise of free and fair elections in 2023 excites me.
(A)_We’ll ensure free, fair elections in Nigeria in 2023 – Buhari” [Premium Times: 10 December 2021]. his remark at a Virtual Summit for Democracy organised by President Joe Biden of the United States, President Buhari said necessary mechanisms will be strengthened to ensure that Nigeria witnesses another peaceful transfer of power..
(B). Then, on December 31, 2022, as reported by Sahara Reporters, “We Will Meet Anyone Planning To Rig 2023 Elections With Full Force Of Law – Buhari Promises Nigerians”. In his New Year message to Nigerians, President Muhammadu Buhari had assured Nigerians that his government would ensure that the activities of election riggers were met with the full force of the law, adding that the amended electoral act he signed into law was evidence to convince Nigerians of his determination to ensure free, fair and credible elections in the 2023 general elections.
(C). Buhari has already set up a transition Council, ready to leave office on 29 May 2023. See: “Buhari Constitutes Presidential Transition Council, Signs Executive Order 14” [ThisDayLive; 9 February 2023].

🔟. Buhari resisted advice, pressure; and temptation to set up an interim government. As far back as 18 April 2022, as reported by Premium Times, Channels TV, Arise, Guardian, Vanguard, ThisDayLive, Punch, Chief Afe Babalola SAN, had proposed that the 2023 elections should be suspended while an interim government should be installed. Afe Babalola wants 2023 elections suspended, recommends interim Govt” [Premium Times]. 2023: Suspend general elections, appoint interim govt – Afe Babalola to Buhari” [Daily Post; 19 April 2022]. Then on 15 February 2023, “Resist interim govt temptation, Afenifere tells Buhari” [Punch]. “2023: Southern, Middle Belt Leaders Reject Interim Government” [4 February 2023; ThisDayLive]. “Interim Government: A call for anarchy, By Reuben Abati” [Premium Times: 7 February 2023]. Happily, see “Buhari will hand over power to elected successor, not interim govt – Garba Shehu” [17 February 2023; Daily Post]. And “NigeriaDecides2023: Buhari not planning ‘interim government’, still supporting Tinubu – Presidency” [Premium Times; 17 February 2023].

1️⃣1️⃣. Closure of all tertiary institutions in Nigeria, to enable students and the youth to have full opportunity to participate in the elections. However, the youth must know that their schools were not closed for them to allow themselves to be misused during the elections. To this end, I wrote on 22 February 2023:

“NIGERIAN YOUTHS, YOU MUST ENSURE YOU CONDUCT YOURSELVES PEACEFULLY, HONORABLY AND RESPONSIBLY DURING THE ELECTIONS: As the closure of all tertiary institutions in Nigeria would most likely increase the participation of youths in the next elections, I respectfully urge Nigerian youth to fiercely resist any temptation to be hired and used as louts and thugs for the purpose of thwarting the wishes of the masses in the elections. You’re not lazy! You’re the leaders of Nigeria’s tomorrow. Prove to manipulative, exploitative, egoistic, corrupt politicians, that your lot/place is peace and responsibility, and not violence, destruction, malpractice, thuggery and brigandage. Prove to them that you are decent, noble, able and capable. Prove to the world that you can help to stop all forms of election rigging, vote-buying, election violence and all forms of malpractices. Accordingly, in the 2023 elections, you (the youth) have a duty to stand gallantly and fearlessly to ensure that (a) the elections are peaceful and violence-free; and that (b) the people’s votes count and are counted. The youth must be prepared to exhibit doggedness, uprightness and exceptional courage to stand for what is right. VOTE AND DEFEND YOUR VOTES THROUGH NON-VIOLENCE. No one should manipulate the youth. Let everyone vote for his choice without fear of manipulation, molestation of other forms of victimization, suppression or oppression. Your schools were not closed for you to go and get manipulated or otherwise support or get involved in violence, or election malpractices. Noooo. See: _”Closure Of Tertiary Education Institutions For 2023 Elections Is Constitutional, Necessary, Reasonable And Auspicious; Plus Matters Incidental” [BarristerNG; 22 February 2023],

GENERAL ADVICE TO ALL AND SUNDRY TO ENSURE THAT MY CANDIDATE, PRESIDENT BUHARI SUCCEEDS:

(1). May President Buhari fulfil all his promises to ensure neutrality and non-interference as well as work and stand for free and fair elections in 2023 . Amen.

(2). All Nigerians have a duty to join hands with President Buhari towards making the 2023 elections successful, peaceful, hitch-free and credible, free and fair. It’s our collective responsibility.

(3). Those plotting to disrupt the elections in any part of the country must immediately perish such thought. The election must go on in all parts of the country. You would gain nothing by disrupting elections and forcing your own people to not vote. It does not make any sense at all. So, sheath your swords, suspend your plans and allow elections to go on. Who knows, it’s possible that this election might help Nigeria and Nigerians to enthrone a leadership that does not encourage or lead to agitations in parts of the country. After all, it’s inequity, oppressive, clannish, nepotistic, myopic, parochial, and exclusionary governance that fuels agitations. If a good governance is in place carrying along all parts of Nigeria and treating all Nigerians as fellow Nigerians , equal and equally loved, there would be no reasons for agitations. So, calm down, guys. All shall be well with Nigeria.

(4). May we never again elect or experience leaders whose poor leadership style lead to or encourage agitations in parts of Nigeria. Amen. Hear Jubril S. Okutepa, SAN: “Nigeria does not need tribal leaders or tribal warlords. Nigeria needs patriotic and committed Nigerian as a leader that leads by examples for others to follow…. We need leaders whose actions and decisions will not encourage agitations for separation and balkanisation of Nigeria” [ThenigeriaLawyer: 2 October 2021]. Re-echoinng this, COL DANGIWA UMAR had this to say: ‘One of the swiftest ways of destroying a kingdom is to give preference of one particular tribe over another or show favor to one group of people rather than another. And to draw near those who should be kept away and keep away those who should be drawn near” Sheikh Usman Dan Fodio’ [See: *”_Open Letter From Dangiwa Umar (retd) To President Muhammadu Buhari”; Sahara Reporters; 31 May 2020]. Any leader who would not strictly comply with Chapter 2 of the Constitution of the Federal Republic of Nigeria,1999 in his or her leadership of Nigeria, I pray that he/she be frustrated and never succeed in leading Nigeria. Amen
See: “Warning Alert to Political Leaders: Compliance with the Federal Character Provisions of the 1999 Constitution of Nigeria is not Dependent on Voting Patterns during Elections” [Sylvester Udemezue; MARCH 18, 2019; BarristerNG]

(5). Everyone of voting age who has his or her PVC must move the his or her polling boot on the election day, to cast his or her vote for any candidate of his/her choice. But that is not all ; you must after voting, stay back there to defend your votes so as to ensure no rigging, no manipulation and no malpractice. See: (A). “ELECTIONS: The Awful Punishment, Retribution That Would Befall Nigerians Who Refuse to Vote…(a passionate plea by Sylvester Udemezue)” [ThenigeriaLawyer: 15 February 2019]. (B). “… Why All Eligible Nigerians Must Go Out and Cast Their Votes for Candidates of Their Choosing (By Sylvester Udemezue)”_ [ThenigeriaLawyer; 23 February 2019]. (C). Then, in a article titled “Closure Of Tertiary Education Institutions For 2023 Elections Is Constitutional, Necessary, Reasonable And Auspicious; Plus Matters Incidental” [BarristerNG; 22 February 2023], I wrote, about the need to ensure we all vote:

‘YOU MUST ENSURE YOU VOTE: Voting is essential because it pushes a country’s democracy to function in a fair and equal way. The whole point of a democracy is to ensure that everyone has their chance to elect a candidate and vote for policies that represent and benefit their communities. Accordingly, you just have to ensure that you vote. That is the only way we move forward. This, perhaps is why John Lewis said, “The vote is precious. It is the most powerful non-violent tool we have in a democratic society, and we must use it”. It’s not enough to just complain about bad governance. It’s not enough to just want good governance in your country, Nigeria. You have to go and install good governance by voting. Besides, when you vote, your values are put into action and your voices are heard. Your voice is a reminder that you matter because you really do, which is why you deserve to be heard. There’s no such thing as a vote that doesn’t matter. It all matters. The power to make a difference lies in voting. Casting a ballot isn’t just something you do for yourself — it’s for our collective future of your country and generations yet unborn. Further, please note that someone and some people advocated and struggled for your schools to be shut down to enable you to participate in electing your next set of leaders. Those of you who have their PVCs must therefore ensure that you vote in these elections. Finally, as Billie Eilish once said, “We all [the young, the old, female and male, all Nigerians of voting age] have to vote like our lives and the whole world depend on it, because they do. The only way to be certain of the future is to make it ourselves.”’
Respectfully,
Sylvester Udemezue (Udems)
08109024556.
[email protected].
(24 February 2023)

Law is a literary profession

By Chinua Asuzu

Language and writing dominate lawyers’ professional lives. Reading and writing are almost all we do.

“Teachers teach, chefs cook, and lawyers write.” Gerald Lebovits, ‘How to Succeed in Legal Writing by Really Trying,’ 90 New York State Bar Association Journal (No. 7, Sept 2018), 61, 63.

Hence, Douglas Abrams characterizes law as a literary profession: “Law is a literary profession. Briefs, motion papers, and transactional documents dominate client representation; judges speak through written opinions; and lawyers draft legislation, administrative regulations, and other government documents.” Douglas E. Abrams, ‘The Right to a Reader,’ The Precedent (Winter 2007), 38.

William L. Prosser calls law “one of the principal literary professions,” adding, “One might hazard the supposition that the average lawyer in the course of a lifetime does more writing than a novelist.” William L. Prosser, ‘English as She is Wrote,’ 7 Journal of Legal Education (1954), 155, 156.

Writing is a lifelong discipline in the life of a lawyer.

Chinua Asuzu, Learned Writing (Partridge, 2016), 26.

“Good writing is built on empathy—an ability to see words as a reader will and to write and rewrite until the words satisfy the reader’s needs and cause the reader to feel gratitude at having been helped.” Richard K. Neumann Jr, ‘Why Congress Drafts Gibberish,’ 16 Journal of the Association of Legal Writing Directors (2019), 111, 128.

“Good legal writers consider the reader when constructing paragraphs, drafting sentences, and choosing words. No reader wants to see a wall of text—with a paragraph spanning more than a page. And no reader wants to start reading a sentence without being able to see the end of it. Long sentences read to run-ons, subject–verb disagreement, and confusion.” Jill Barton, ‘So Ordered: The Techniques of Great Judicial Stylists,’ 18 Scribes Journal of Legal Writing (2018), 9.

Tales My Patients Told Me: All in a day’s job; Your wrist is fine, you are going back to work

By Emmanuel Fashakin

It’s February 21, 2023.

My first and last patients this day were Workers’ Compensation cases. My practice participates in Workers Comp cases, taking care of employees injured during the scope of their employment. Workers’ compensation cases present unique challenges in medical practice, especially in patients without visible physical injuries.

My first case was a 43-year-old Nursing Aide who claimed that she pulled her back while lifting a patient. That was on January 14, over five weeks from today’s consult. She managed to talk my assistant to order an MRI for her back, which, as I expected, showed no abnormality. Even then she insisted that she still has pains and that she is unable to work. I watched her gait, her getting into the chair, standing up, etc. There was no sign whatsoever that she has any back pains or spasms. It is obvious that she simply did not want to return to work.

There were interesting Workers Comp cases over the years. Sometimes you have to engage in some private extra-clinical detective work to get the truth from patients. Susana (not real name) employee of US Postal Services, injured her right wrist while carrying mail bags and sorting mail way back in January 2016. I sent her back to work in February, but she came back a week later, saying that the wrist was “hurting bad”, and she could not work. Her Workers’ Compensation Insurance kicked in, and she had been at home for four more weeks while the wrist got better.

I had tried to get her back to work, but she kept coming back saying that the wrist was too painful for her to return to work. Doctors can examine lesions and make diagnoses, but we still depend on patients to tell us how much pain they are feeling because we don’t have any objective measurement for pain. After another two weeks, making eight weeks in total after the injury, which was well outside the guidelines for a simple sprain, she returned to our office for review. As I finished seeing a patient and washing my hands, I looked over into the waiting room and saw Susana waiting to see me. I decided to do some sleuth work. Susana was engrossed with her phone and did not see me staring intently at her from the door of my room. Soon enough, she finished reading and started typing furiously using both wrists! Soon Susana was ushered into the consulting room to see me.

Before Susana could begin her tales of woe, how the wrists hurt so bad, that she could not hold or touch anything, I quickly beat her to the punch. “Susana”, I announced with glee, “I see that your wrist is feeling much better. I saw you typing on your phone very furiously in the waiting room, without any pain at all. You are going back to work immediately. When should I send you back to work, tomorrow, Tuesday, or Wednesday?” “Make it Wednesday,” Susana answered gloomily. Bingo! I won. No more extensions for another week or two, Wednesday it shall be.

There was yet another funny Workers Comp case. This guy told me that he fell down at work, and although all radiological studies were negative, he insisted that his back continues to hurt very badly. Weeks after, as he came for his appointment, I was passing through the waiting room getting hot water for my coffee when I saw him walk briskly up the steps to the office and bounced into a chair. I pretended that I did not see him; I made no eye contact. Fifteen minutes later, this man pretended to be in severe pain with every movement as he entered my consulting room. He could hardly climb on the table for examination; it was as if his back was completely dislocated. It was then that I told him that I saw him bouncing up the steps on arrival at the office. He dropped all objections to return to work and he was back at work that week.

I may not be able to measure pains, but if I catch you engaging in activities inconsistent with your professed pains, you are going back to work!

Workers’ Comp patients are my only patients who don’t want to get well at all, forget about the word “soon”. I likened it to my law practice, where even your own clients distrust you and probably hate you. The typical WC patient hopes that the treatment does not work and that his wound gets septic, to prolong his absence from work. I was so disgusted with WC that I stopped practicing it about 15 years ago. But my existing patients persuaded me to come back because they often found it difficult to find certified WC Doctors.

When I came back, even the Workers Comp Board of the State of NY could not find me in their computers! I had to call up and they checked my name in the rolls manually. I had not filed reports for so many years that they did not update my certification in their computers. Thank God for good old paperwork in the archives.

It’s often difficult to get these people back to work. Who would not like sitting jeje at home, flipping through TV channels and watching movies, rather than go to work in bitter cold Winter when your wages would be paid in full? Sometimes it comes to a showdown when after I have had enough of their “pains” which never get better in the absence of objective findings, I declare: “Mr. Jones, your injury has lingered too long, much longer than expected given your mechanism of injury. I am sending you back to work, if you refuse, you would have to find another Doctor to sign your papers.” They usually go back at that stage, albeit very reluctantly.

Emmanuel O. Fashakin, M.D., FMCS(Nig), FWACS, FRCS(Ed), FAAFP, Esq.
Attorney at Law & Medical Director,
Abbydek Family Medical Practice, P.C.
Web address:
http://www.abbydek.com
Cell phone: +1-347-217-6175
“Primum non nocere”

Silkhood is a virtue: Part II

By J. O. Aikpokpo-Martins and Kunle Edun

Dateline: 22/2/23.

A matter came up today before High Court No.2 Asaba, in which we are the Claimants. The Defendants are the Governor of Delta State, the Chief Judge of Delta State, the President of the Delta State Customary Court of Appeal, the Speaker of the Delta State House of Assembly, the Delta State Judiciary Service Commission, and the Accountant General of Delta State.

It’s a case where we seek the court’s intervention in enforcing the mandatory provisions of sections 120 & 121(1)(2)(3) & (4) of the CFRN which provide that the funding of the Judiciary shall be a first line charge on the Consolidated Revenue Fund of the State and without the interference of the Governor or any Executive body. The case was taken today and adjourned to early March 2023 for judgment.

An interesting thing happened in court before the case was mentioned, and it’s worth commending. The legal profession is a profession that cherishes mutual respect and humility. Privileges are due and granted to senior advocates because of their positions and the distinction attained in the practice of law. However, as Chief Niyi Akintola, SAN once rightly espoused, being a senior advocate should make a senior advocate to be consciously more humble and considerate in assuming those privileges.

In court today, a senior advocate was in court, Mr. Erondu, SAN. It was his right to mention his case out of turn. However, without being prompted but considering the fact that we were former National officers of the NBA who were in court to also do a pro bono public interest case, the learned silk asked us to mention our case first. Note, we never asked. Graciously, we accepted the offer and mentioned our case first. The case took quite some time, and it was adjourned for judgment.

This very magnanimous act alone earned more respect for the senior advocate. We feel duty bound to publicly acknowledge and appreciate this very humble but significant gesture by our learned silk in our recognition. God bless him.

Silkhood is truly a virtue.

J. O. Aikpokpo-Martins & Kunle Edun.

Closure of tertiary education institutions for 2023 elections is constitutional, necessary, reasonable, and auspicious; plus matters incidental

By Sylvester Udemezue

Please, recall that the Nigerian Federal Government, through the National Universities Commission (NUC) had on February 9, 2023 ordered the closure of universities across the country citing security concerns, and also the need to enable students to participate in the February 25 and March 11 general elections in Nigeria. Also, shut were polytechnics across the country. [See: “NUC orders closure of universities for 2023 elections”; 9 February 2023; BusinessDay] and [*”FG directs closure of Polytechnics for general elections; 13 February 2023; The Guardian]

However, speaking during the Founders Day of the Afe Babalola University, Ado-Ekiti, (ABUAD), Chief Afe Babalola, SAN, the Founder and Chancellor of the university, described the directive as “illegal, needless, and inappropriate”, arguing that the the Minister of Education, Mallam Adamu Adamu, does not have the power to direct NUC Executive Secretary, Prof. Abubakar Adamu Rasheed to close down tertiary institutions. While noting that the closure of varsities by the minister and the NUC had done incalculable damage to students of Nigerian universities, Chief Babalola said, inter alia:

“Under the NUC Act of 1974 and the Education (National Minimum Standards and Establishment of Institutions) Act of 1985, the Minister has no statutory power to issue a directive to NUC to close down universities. I refer in particular to section 4(2) of the 1974 (NUC) Act…. The illegal closure has adversely affected the curriculum, particularly in respect of private universities which are reputed for their predictable academic calendar and absence of strike actions”.

Please, recall also that both the Academic Staff Union of Universities (ASUU) and the Congress of Nigerian University Academics(CONUA) had earlier also kicked against the federal government order closing the universities, arguing that such violates university autonomy.

[See: ‘Shutting varsities over elections illegal’ — Afe Babalola tackles FG; 21 February 2023; TheCable]

With the greatest respect, it appears to me that Chief Afe Babalola SAN, ASUU and CONUA, are missing it. In my opinion, the order by the Federal Government of Nigeria directing closure of all universities and other tertiary institutions in Nigeria, was/is constitutional, necessary, lawful, reasonable, and most auspicious. Besides, the reasons given by the Federal Government for the action taken, apart from from being legally and reasonably justified and justifiable, also far supercede the grounds for the arguments against the closure-directive. My reasons for holding this position are as follows:

(1). Section 14(2)(b) of the Constitution of the Federal Republic of Nigeria, 1999 provides that “the security and welfare of the people shall be the primary purpose of government”. Section 17(3)(c) provides that “The State shall direct its policy towards ensuring that the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused”. I respectfully submit that the need to secure/ensure the safety and security of the staff and students of the various universities and other tertiary institutions takes precedence over the need to ensure an uninterrupted academic calendar for the institutions and the arguments on autonomy. Thus, if the Government in its wisdom, believes that shutting down the schools is the best way to ensure their security and safety, considering the prevailing situation, I am unable to agree that it’s a wise option (as argued by Chief Babalola) to postpone the election and address the perceived security concerns. Postpone the elections until when? This is why I believe that the action by the Government has not breached any law.

(2). It is public knowledge that the majority of students or Nigerian universities and other tertiary institutions, have their polling boots for purposes of voting during elections, in the various places where their parents and guardians reside and that these locations, in most cases, are far away from the location of their current schools. It’s a basic right of every Nigerian of not below 18 years of age, to vote in general elections in Nigeria. Indeed, Nigerian Law views voting in an election as a civic responsibility. Besides, students of these education institutions have an interest in participating in the process of choosing who and who preside over the affairs of their country, States and so on. Shutting down the schools for just three weeks, in order to afford affected students an opportunity to exercise their right to vote and to perform their civic obligation to their fatherland while joining in deciding their next set of leaders, is a legally valid and reasonable decision by the government. Who knows, and considering the renewed interest of many Nigerian youths, including students of tertiary institutions, their active participation could be one factor necessary to assure the selection or election of the right crop of leaders for the country in 2023. Accordingly, if the opportunity cost of achieving these is the decision to shut down schools for three weeks, it’s a huge surprise that anyone would look for reasons to query such a wise and apt decision.

(3). One other major reason that makes the Government’s decision in this respect much more attractive is that both (a) the students who registered in or around their schools and (b) students who registered in their various homes far away from their schools, have now (by FG’s decision) been afforded equal opportunities to vote in the next set of elections. While students whose polling boots are within or around their schools have the option of staying back in their various schools (despite the break) to cast their votes, students who registered at home now have an opportunity to travel home (without missing anything in school) for the same exercise. In this way, no one among the students would be heard after the elections to complain that he or she was not afforded necessary rights to do the needful. It’s therefore my humble view that, had the schools not been shut down, only those students whose polling boots are within or around their schools would have had an opportunity to vote; those students who registered at home would have been disenfranchised. And that is both a breach of their rights and also bad for democracy.
▪To be continued!

POST SCRIPTUM:

🅰. NIGERIAN YOUTHS, YOU MUST ENSURE YOU CONDUCT YOURSELVES PEACEFULLY, HONORABLY AND RESPONSIBLY DURING THE ELECTIONS: As the closure of all tertiary institutions in Nigeria would most likely increase the participation of youths in the next elections, I respectdully urge Nigerian youth to fiercely resist any temptation to be hired and used as louts and thugs for the purpose of thwarting the wishes of the masses in the elections. You’re not lazy! You’re the leaders of Nigeria’s tomorrow. Prove to manipulative, exploitative, egoistic, corrupt politicians, that your lot/place is peace and responsibility, and not violence, destruction, malpractice, thuggery and brigandage. Prove to them that you are decent, noble, able and capable. Prove to the world that you can help to stop all forms of election rigging, vote-buying, election violence and all forms of malpractices. Accordingly, in the 2023 elections, you (the youth) have a duty to stand gallantly and fearlessly to ensure that (a) the elections are peaceful and violence-free; and that (b) the people’s votes count and are counted. The youth must be prepared to exhibit doggedness, uprightness and exceptional courage to stand for what is right. VOTE AND DEFEND YOUR VOTES THROUGH NON-VIOLENCE. No one should manipulate the youth. Let everyone vote for his choice without fear of manipulation, molestation of other forms of victimization, suppression or oppression. Your schools were not closed for you to go and get manipulated or otherwise support or get involved in violence, or election malpractices. Noooo.

🅱. YOU MUST ENSURE YOU VOTE: Voting is essential because it pushes a country’s democracy to function in a fair and equal way. The whole point of a democracy is to ensure that everyone has their chance to elect a candidate and vote for policies that represent and benefit their communities. Accordingly, you just have to ensure that you vote. That is the only way we move forward. This, perhaps is why John Lewis said, “The vote is precious. It is the most powerful non-violent tool we have in a democratic society, and we must use it”. It’s not enough to just complain about bad governance. It’s not enough to just want good governance in your country, Nigeria. You have to go and install good governance by voting. Besides, when you vote, your values are put into action and your voices are heard. Your voice is a reminder that you matter because you really do, which is why you deserve to be heard. There’s no such thing as a vote that doesn’t matter. It all matters. The power to make a difference lies in voting. Casting a ballot isn’t just something you do for yourself — it’s for our collective future of your country and generations yet unborn. Further, please note that someone and some people advocated and struggled for your schools to be shut down to enable you to participate in electing your next set of leaders. Those of you who have their PVCs must therefore ensure that you vote in these electionss. Finally, as Billie Eilish once said, “We all [the young, the old, female and male, all Nigerians of voting age] have to vote like our lives and the whole world depend on it, because they do. The only way to be certain of the future is to make it ourselves.”

Respectfully,

Sylvester Udemezue (Udems)
08109024556.
[email protected].
(20 February 2023)

AMAC/Bwari ADC House of Reps Candidate Juliet Isi Ikhayere restates commitment to campaign promises as 100WLG calls for support  to female candidates

The AMAC and Bwari House of Representatives Candidate for ADC (African Democratic Congress) party in the Federal Capital Territory (FCT), Barr. Juliet Isi Ikhayere has reaffirmed her commitment to her campaign promises even as the 100 Women Lobby Group (100WLG), calls on stakeholders and policymakers to focus on efforts that address the challenges faced by women seeking active participation in politics and governance.

The  civil society organization also calls on electorates to wholly support the political ambition of the women who are candidates in the upcoming general elections.

In the meantime, Juliet Isi Ikhayere who assured electorates that her winning will satisfy the quest of the people who are desirous of Representatives that see everyone resident in the FCT and Nigerians as valuable and part of the society, added: “My winning will address the need for more push on implementation of policies in Education, Health improvement, quality infrastructures, gender inclusion, youth’s participation and higher increase in skills and technological drive.

“Please let us do well to vote for ADC for House of Reps , AMAC & Bwari (Barrister Juliet) on Saturday, the 25th of February 2023. More specifically, the logo is the Handshake which symbolizes unity.”

100WLG’s National Coordinator and Founder of Change Managers International Network, Mrs Felicia Onibon, gave the charge while briefing journalists shortly after a national discourse tagged, ‘Women and the State of the Nation towards 2023 General Elections.

The event was supported by Nigerian Women Trust Fund, Women’s Rights Advancement & Protection Alternative, ActionAid Nigeria, amongst others.

Onibon stressed the need for the country to promote women’s participation in the elections as well as improve electoral integrity and accountability.

She said, “There has been a gross gender gap between men and women, especially in political representation, economic management, education and leadership. Women are particularly underrepresented in processes and disproportionately excluded from consultations that affect them. Hence the need for us to work together to empower women and expand opportunities in politics, business and beyond.

“We must back up our results with resources because we know investments in gender equity yield returns across society. This is a vital year for advancing all these goals for transformation, and our development agenda must prioritize gender equality and women’s empowerment. Women`s voice and full participation is central to enhancing societal development.

“It is my firm conviction that women must be involved in decision-making at all levels and strategic directions towards a better world. We must do our part to break the barriers to women’s inclusion thereby creating opportunities, as this would be a powerful tool towards moving from gender inequality to gender justice.”

Onibon identified gender-based violence, gender discrimination, lack of financial and social empowerment, insecurity, and lack of political support as some of the prevailing factors that hinder women from participating in the country’s electoral processes

Recalling the case of late Victoria Chintex, the Kaduna state labour party women leader who was gruesomely murdered in her home and the late Salome Abuh the Kogi state PDP women leader who was also killed in Kogi state, she decried the spate of violence against women in politics, saying “we can’t just fold our arms and let our women go through this alone.”

The organisation added, “Hence, we call for men to support women’s participation in elections and to hold electoral positions. We also call for women to come out and vote despite these insufficiencies faced, we also need the support of various CSOs to push this cause of politically and economically empowering our women to enable them to play on a level plain ground as the men, dismantling harmful stereotypes and party processes.

“It’s appalling that women’s representation in Nigeria is 4.1% which is the lowest in the entire African continent, despite having a women population of 50% and above of Nigeria’s total population. The 2019 elections in Nigeria recorded a poor performance by women. This further led to a reduction in the number of women representing the interests of Nigerian citizens in parliament.

“In a nutshell, no woman was elected President. 7 women were elected into the senate. This became eight after a court ruling. 13 women were elected to the House of Representatives, no woman was elected as Governor, and only 40 women were elected to the State House of Assembly seats across the Federation’s 36 states.

“This 2023 elections cannot bear the same fate, we must all come out in our numbers and support the women who are contesting elections, and in cases where there is no women contesting for a particular seat, please support the men that will have women’s interest in top priority and work towards fulfilling these interests.

“Also, I want to encourage Nigerian women not to be dismayed by recent occurrences, instead let these occurrences be a motivation to demand the changes we desire for Nigeria in the coming elections.

“For this forthcoming election, we plead that all security personnel should mount various positions in the country, not just during the elections, but pre and post-election period to enable citizens to carry out their right and duty to vote, to ensure that this election is peaceful, free and fair.

“This call is an awakening for women to rise and support their fellow women in politics, vote for women and persons who will support women in their politically held positions of leadership, this is the time when citizens who have their PVC should go out and vote. It is time to vote for people who can be held duly accountable for every action taken in such positions. This is a call to give voice to the voiceless and support women.”

In the meantime, Juliet Isi Ikhayere who assured electorates that her winning will satisfy the quest of the people who are desirous of Representatives that see everyone resident in the FCT and Nigerians as valuable and part of the society, added: “My winning will address the need for more push on implementation of policies in Education, Health improvement, quality infrastructures, gender inclusion, youth’s participation and higher increase in skills and technological drive.

“Please let us do well to vote for ADC for House of Reps , AMAC & Bwari (Barrister Juliet) on Saturday, the 25th of February 2023. More specifically, the logo is the Handshake which symbolizes unity.”

There’s no guarantee that electoral promises would be fulfilled, Somber Tuesday series by Mojúbàolú Olufúnké Okome

Prof. Mojúbàolú Olufúnké Okome

#SomberTuesday! Electioneering campaigns are being wrapped up because the elections are upon us. The currency change continues to torment majority of Nigerians with manifold challenges that make navigating routine, everyday life tasks onerous and well nigh impossible. The economy remains in the doldrums. There are also fears of electoral violence, vote-buying, manipulation, and other problems that militate against free and fair elections.

Candidates and their proxies still want to convince the electorate that God, the fates, and providence have ordained them to take charge of Nigeria, and that they will transform the nation. Unfortunately, this is usual practice, and there’s no guarantee that these pronouncements tend to be expedient and manipulative, with scant intention to fulfill, or even remember them. The masses are most affected, being relatively powerless in the political system. Youths and women, as well as people living with disabilities and ethnic minorities face the same the same situation.

Insecurity is part of everyday life. Victims and survivors and their families deal with the adverse consequences and aftermath (including financial and psychological trauma) in isolation. Victims and survivors of natural disasters, ethno-religious conflict, and insurgencies, many of whom are now internally displaced suffer significantly. Their trauma is material, psychological, and existential. 

Without addressing these problems and many others, (including the plight of tens of millions of out of schoolchildren, unemployed, and underemployed youths, and overworked, underpaid workers, lack of good infrastructure, failure to implement the numerous good policies that we have made over the years). How can we hope for transformation and possibly reaching out full potential as a nation?

#EndSARS youth protesters decried bad governance, impunity, economic inequality, marginalization and brutalization of youths and other minorities, and political violence. They also protesed against police brutality. The response was state-sponsored violence and brutal suppression. Most Nigerians also expect genuine commitment to democratic principles. They want a buoyant economy, personal and human security, and life more abundant for all our people. They want kidnappings & abductions to end. Two years on, #Nigeria should remember the massacre of peacefully demonstrating youths at #LekkiTollGate & other locations. #NigerianWomenArise #EndPoliceBrutalityinNigeriaNOW #EndSars #EndSWAT #EndImpunity 

Like the voice in the wilderness, I emphasize the crucial relevance of this statement by Howard Zinn to Nigerian politics: “Civil disobedience, that’s not our problem. Our problem is that people are obedient all over the world in the face of poverty and starvation and stupidity, and war, and cruelty. Our problem is that people are obedient while the jails are full of petty thieves, and all the while, the grand thieves are running the country. That’s our problem.”

Like the broken record, I keep saying: Let the kleptocrats give back our stolen wealth so that we can fix our infrastructure, schools, hospitals, and also offer worthwhile social protection to our people. Let the masses enjoy the full benefits of citizenship in Nigeria. Let the leaders and political class repent and build peace with justice. This is no time for politics as usual. The people elected should be those trusted to bring justice, equity and human security to the entire country, not expedient, unethical and egocentric individuals determined to dominate for self aggrandizement or sectional gain. We don’t need oligarchs’ continued domination. We also need a government that puts the interests of majority of citizens first.

https://youtu.be/5iTC215xpX8

Prof. Mojúbàolú Olufúnké Okome is a professor of political science at Brooklyn College in New York.

The logjam over Naira Swap 2.0 from the Buhari playbook

By Chido Nwakanma

The significant takeaway from the presidential address of 16 February 2023 on the logjam from the Naira Redesign is that President Muhammadu Buhari stepped forth to own the policy. The admission comes late in the day after many had pinned the blame for it on Central Bank Governor Godwin Emefiele with the undiscerning calling on President Buhari to sack the bank governor.

The Naira Redesign and Swap are from the Muhammadu Buhari Governance Playbook. Features include:

1.            Emergency Naira swap with a limited implementation timeframe.

2.            Nigeria’s southern borders closed for years while leaving the Northern end open.

3.            Preferment to the North. In Buhari 2.0, the North gave way to Fulani while dropping Hausa.

4.            A verbal war against corruption, all huff and puff.

5.            Awe and intimidation of the judiciary. Note, though, that the announcement of 16 February does not overrule the Supreme Court, as stated in the popular media. The Supreme Court’s interim order was for only seven days and expired a day before Buhari’s address.

6.            Intimidation of the media. Without Decree 4, the primary tools are the Nigerian Broadcasting Commission and the DSS, gagging Twitter while avoiding the outright closure of the few thriving newspaper houses. It would be counterproductive as the newspapers would welcome it as a “make me shine” shot at a goal. 

Naira Redesign is typically Buhari. Buhari 2.0 reprises Buhari 1.0. It does not matter if the policies in Buhari 1.0 failed; they need a repeat in Buhari 2.0.

The first run in 1984 was a fiasco. The lack of technology support in banking and general commerce and poor telecommunications made citizens suffer even more in Naira Swap Buhari 1.0.

Reactions to Naira Redesign have varied from acceptance of the principle but anger with the implementation to outright revolt. Conspiracy theories fly around.

The most persistent one is the claim by Buhari’s co-travellers in the APC that the policy seeks to stop its presidential candidate Bola Ahmed Tinubu. I do not understand the ways of politicians, so I cannot speak with any authority on this claim. However, citizens should ask: which politician did Buhari Naira Swap 1.0 in 1984 seek to stop?

There is a consistency of objectives between Naira Swap Buhari 1.0 and 2.0.

According to President Muhammadu Buhari’s address to the nation on 16 February 2023, “Let me re-assure Nigerians that strengthening our economy, enhancing security and blockage of leakages associated with illicit financial flows remain a top priority of our administration.”

President Buhari itemised no fewer than seven additional benefits that would accrue from his Naira Swap 2.0. They include restoring the “statutory ability of the CBN to keep a firm control over the money in circulation”, putting money back into the financial system rather than outside, and deepening FG’s support for security agencies to combat banditry ransom-taking in Nigeria successfully.

Eighteen political parties have candidates for the presidential and other elections beginning on 25 February. Mainly the APC has fought against Naira Swap 2.0 from its inception. They claim it targets their candidate. Hello? Is APC confirming that their candidate fits into the mould of the objectives the policy seeks to combat? Have they thought deeply about the implications of their statement? As I said, though, I do not comprehend the ways and manners of politicians!

The APC doth protest too loudly about Naira Swap 2.0. Their governors went to Court, and Governor Nasir El-Rufai delivered a counter-broadcast to Buhari. The denunciation is so elaborate and loud it makes you wonder and surmise. It must be a decoy to hide a complicated rigging intention by the party that proudly owns rigging.

What is the problem with Buhari Naira Swap 2.0? Incompetence, large and bold! The negative attribute of incompetence has characterised policy implementation in the Buhari Era 2015-2023. APC loyalists know this as Nigerians suffered under their policy miscues and mismanagement. Now they are screaming.

President Buhari admitted the failures of the policy. In true Buhari fashion, he passed the buck to the banks. “I am not unaware of the obstacles placed on the path of innocent Nigerians by unscrupulous officials in the banking industry entrusted with implementing the new monetary policy. I am deeply pained and sincerely sympathise with you all over these unintended outcomes”, was Buhari’s mea culpa.

We should believe that it was the banks’ fault that a man who did a similar measure in 1984 could not plan the repeat exercise better in 2022 and 2023. Because of the Deposit Money Banks, the relevant monetary authorities did not provide enough new notes so citizens could exchange the old for the latest! It is a fitting mariner’s tale where the sailor lamented, “Water, water, everywhere, but not enough to drink!”

Buhari and his team have denied the other leg of the conspiracy about preparing the grounds for tenure extension through crisis and declaration of an interim government. They should also speak to the additional one about an intra-Fulani struggle regarding which faction would succeed the Fulani king. They should because it concerns electoral transparency.

The upshot? Buhari and the Presidency should fast-track the release of the redesigned Naira. We are tired of reprising Fela’s songs, such as Original Suffer Head. Nigerians will survive Buhari 2.0 and any other policies reincarnated from Buhari 1.0. Bear the pains of incompetence in knowing that as surely as the sun rises daily, this will soon pass. We shall overcome.

                                                =ENDS=

CBN’s Naira Redesign, Daily Cash Withdrawal Limit and Swap Policies: Any benefit for Nigeria and Nigerians?

By Sylvester Udemezue

Please, spare a minute or two to watch the attached video.


See also the 18 February 2023 news report which came under the title, “Cash Crunch A Blow For Politicians Ahead Of Elections — Hon Doguwa” and which reports Hon Ado DOGUWA as saying, inter alia, that “each member of the House of Representatives is entitled to N70 million cash to pay polling agents and for other election running costs, stating that if they have no hard cash, they will be disadvantaged in the exercise. [ThenigeriaLawyer; 18 February 2023]. House of Representatives member
Hon Ado Doguwa’s indirect confessional speech as shown in the video leaves no one in doubt that, with the Naira Redesign, Daily Cash Withdrawal Limit and swap policies, recently introduced by the Central Bank of Nigeria (CBN), on/with President Buhari’s directives/approval (pursuant to Sections 17, 18, 19 and 20 of the CBN Act, 2007), it appears that Mr President Buhari and the CBN have considerably reduced the capacity of all Nigerian politicians to carry huge CASH around (in “HARD COPY”, according to Hon Ado DOGUWA) during general elections and electioneering campaigns, usually for the criminal purpose of vote buying, voter inducement, and manipulation of the electoral process, among other electoral malpractices resulting in grossly flawed elections that naturally produce bad leaders. Bad leaders are a plague on any country.

While I acknowledge that the policies came with side effects and attendant adverse implications on ordinary Nigerians, I respectfully submit that the advantages of the policies are already beginning to manifest themselves, as illustrated by Hon DOGUWA’s confession which I think was borne out of frustration in the face of stack realities brought about by the policies.

Let’s look at some of the ways the policies might be said to have positively affected Nigeria and Nigerians.

(1). A February 19, 2023 newswirelawandevents news report under the title “NAIRA SCARCITY: COMMERCIAL S3X WORKERS COUNT LOSSES, DECRY LOW PATRONAGE” has it that “One s3x worker, said her customers had reduced drastically due to the current ‘no cash syndrome'”.
Thus, the policies may end up sanitizing some sectors of Nigeria. It’s believed that majority of the men that patronize female commercial sex workers wouldn’t want to do payments through transfers as this might reveal their true identity which may not be good for their public image. Thus, business is going down somehow, thanks to introduction of the cashless policy.

.(2). Reports of armed and highway robberies have reduced drastically in different parts of Nigeria in the past one month. Which cash they wan collect?

(3). There appears to be a zero report of Bank robbery in all parts of Nigeria in the last 3 weeks or thereabouts

(4). Many online and mobile banking apps and platforms hitherto left grossly unutilized or underutilized are now being put to maximum use. In that way, the capacity and effectiveness of Nigerian Banks to handle or sustain online transactions on their respective ICT platforms are now being put to test. Those banks that had thought their internet and mobile banking setups and structures were stable, efficient and effective are now beginning to see obvious loopholes and weaknesses in their platforms. This would lead each Bank to undertake massive upgrades and strengthening of its ICT platforms with a view to serving the public better. The ultimate winners are the Nigerian public who would benefit from these upgrades that could usher in better cashless banking experiences

(5). Reports of kidnap-for-ransom by terrorists and other criminals, have gone down drastically in parts of Nigeria. Where would anyone get huge cash to give kidnappers as ransom? The result is that kidnappers appear to be in search of other/alternative source of revenue or means of livelihood, leading to drastic reduction in cases of kidnapping and criminality.

(6). Reports of those fraudsters (419ners) or robbers who at gunpoint usually force innocent Nigerians to ATM machines/galleries with a view to getting the victims to empty their bank accounts with ATM Cards, have gone down drastically. If any thief takes one to the ATM machines now, the highest he can get from one is N20,000 or N10,000. Is it worth the risk? Hence, the business is no longer booming.

(7). What about reports of some unscrupulous, criminal-minded POLICEMEN and security agents who usually stop Nigerian youths on the roads, unlawfully force them to reveal the balances of monies in their bank accounts, and thereafter blackmail them with allegations that they’re Yahoo-yahoo boys, following which they (the policemen) force them to go to ATM machines and withdraw huge cash for giveaway as bribes to the policemen to avoid being arrested or prosecuted on the trumped up charge of being “Yahoo-Yahoo Boys”? These thieving policemen appear to have now been knocked out of business with the Naira Redesign and Daily Cash Withdrawal Limit policies of the Central Bank

(8). Generally, people now spend wisely, as a result of the introduction of cashlessness in much of our affairs.

(9). Many businesses that hitherto depended on cash, appear to have now learnt to practice the cashless style which is safer, reduces corruption and leaves permanent records, which could be recalled in the future.

(10). Fewer people now carry huge cash around, unlike was usually the case. Carrying cash around comes with huge risks, which appear to get reduced when you carry little cash and do more cashless transactions

(11). People with the habit of stockpiling unnecessarily huge amount of cash in vaults at home, in the offices or in some other places outside banks, have now been made to open and operate accounts in Banks and to deposit their monies in the Banks which is safer and more in tune with global best practices and prevailing 21st-century standards. In this way, the risk of such cash being stolen at home is no longer there. Besides, releasing these stockpiled cash, the amount of cash hitherto held up at home and stopped from circulation is now considerably reduced.
This is good for the economy. Besides, we need to grow and not remain in the archaic modes of life which carrying huge cash depicts.

(12). Then (this must be restated as a major benefit) one could notice that the usual practice of corrupt and unscrupulous politicians throwing cash around anyhow during elections and political campaigns, appears to have gone down even with the 2023 elections barely days away. During past elections in Nigeria, voter inducement in the name of TraderMoni and other forms of criminal Vote Buying and spraying and sharing of huge amount of cash to unsuspecting and gullible Nigerians with a view to controlling and swaying their choice during the elections by deceiving them with money, would have BY NOW reached their peak. On the contrary, one could notice that preparations towards the 2023 Elections appear slightly different. Not that the ugly practice of sharing cash for votes, has been wiped out, but that the volume has been considerably deflated. It’s therefore good news that 2023 Elections might turn out to be the first elections in Nigeria where money and material things played the least role in detrmining who wins the elections. It’s a huge good news attributable to the Naira Redesign and Daily Cash Withdrawal Limit policies of the CBN.

There are many other benefits of the Naira Redesign and Daily Cash Withdrawal Limit policies of the CBN, if the polices are effectively managed to ensure the huge benefits are effectively harnessed while any unbearable side effects on the part of Nigerians are reduced. Everything good usually comes with some level of pain and sacrifice on the part of the people for whom it befits. Yet, since these polices are in the interest of the people, the people themselves should not be made to suffer unbearable or excessive suffering; the people need to be alive in order to enjoy the benefits of the policies.
May God help Nigeria. Amen
Respectfully,
Sylvester Udemezue (Udems)
08109024556.
[email protected].
(17 February 2023)

POST SCRIPTUM:

Please watch the short drama/song in the attached video, which appears to help to illustrate how some Nigerians are already gradually adapting to what may well end up as the new normal: CASHLESSNESS.

Thank you.

TIPS