*Says Abba Kyari An Overrated Cop, ‘Super Fraud’
*Makes Shocking Revelations

A lawyer, Kabir Akingbolu has narrated his encounters and the disheartening ordeals of his clients with beleaguered and now apprehended Deputy Commissioner of Police, Abba Kyari. It would be recalled that Abba Kyari who had been on suspension since last year following allegations of connivance with popular internet fraudster, Ramon Abbas (a.k.a Hushpuppi) was recently arrested by the National Drug Law Enforcement Agency (NDLEA) for his involvement in the trafficking and sale of 20kg of cocaine.

In an interview with Punch newspaper, Akingbolu narrated his encounters with Abba Kyari and the arbitrariness, highhandedness and lawlessness with which he carried out his operations. According to him, his first encounter with Abba Kyari was when he (Kyari) and his team invaded the residence of his client, Hafeez Mojeedm stole his properties and incarcerated him for months.

Narrating the incident, he said “…..With some of his cohorts, he arrested my client in a commando style. They got to Mojeed’s house around 9:30pm; the wife was five months old pregnant. They laid them on the ground, collected all their belongings, including the golden wedding rings of both the wife and husband, their travelling and title documents, wristwatch and his 2012 model Honda Accord. They collected 32 items from them which we listed.

After collecting all these things, they took my client to custody. Mojeed said he did not know what he did and he was held in custody for 14 days. They took his ATM and collected its password. There was N840,000 in the account; Kyari and his men used this money to buy things in Shoprite, Chicken Republic until the balance left in that account was minus N200.

Not only that, after beating Mojeed to a pulp to the point where he was dripping with blood, he confessed to them that he had a fixed deposit of N41,800,000 in an account. They took him to a bank and brought a guy with them, one Mr Obi, who was one of their agents used to commit such criminality. There, they ordered my client to unfix the money and transfer all of it to Mr Obi, claiming that he was the rightful owner of the money. But Mojeed said he did not know and had never met Mr Obi before, so they left the bank, went to a boutique, removed Mojeed’s clothes stained with blood and bought him another one.

Then they took him back to the bank and made him unfix the account and transferred the money to Obi and that was the end of it. There was another money in another bank which was N15m. On getting to this bank, the woman said they should apply but they would have to wait till Monday to get the money and that day was Friday, so they did not unfreeze that one.”

According to him, when he confronted Kyari about the illegality of his actions, he attempted to reach a compromise with him promising to share the 15 million naira with him, an offer he rejected.

According to the lawyer, several petitions were written to the police hierarchy to no avail even as he refused to heed to clear judgements of the Court.

He further narrated other gory incidences involving the once celebrated officer dubbed “Nigeria’s most decorated police officer”.

He described him as a super fraud who clandestinely manipulated the media to create a heroic image when he was far short of such in person.

“Abba Kyari is an overrated cop. He is a super fraud. What he does is that, when he arrests 10 criminals, he will settle and collect money from eight or nine of them, he will now use one of them to make a noise in the media. He knows how to use the press effectively. If every policeman in Nigeria has to be making videos and granting press interviews in respect of the criminals he has arrested, I do not think our airspace will be free of such things.”

CREDIT: Punch newspaper

MEMORY VERSE:
“If we are to keep our democracy, there must be only one commandment – thou shall not ration justice.” (Governor of Ekiti State v. Fakiyesi (2009) LPELR-8353)

In a published piece (of legal opinion) titled “2023: Nigeria Does Not Need Power Shift, Nigeria Needs Leadership Shift”, a respected legal giant, fellow LPDite (member, Legal Practice Discourse) and fellow ROLite (member, Rule of Law in Nigeria), Mr. J.S. Okutepa, SAN has made submissions which the present author believes could be fairly summarized in the following sentences:

“Nigeria does not need ‘power shift’ but ‘leadership shift’, ‘character shift’ and ‘attitude shift’; a shift in ‘the way we do things’. Nigeria does not need Igbo, Hausa/Fulani or Yoruba power shift because it is an insult to the collective sensibilities of the more 240 other tribes that are part of the Federation of Nigeria. Nigeria does not need a ‘power shift’ to any of these so-called majority ethnic nationalities of Igbo, Hausa/Fulani and Yoruba because leaving power in the majority ethnic groups has led to deteriorating political, social, and economic developments as the majority ethnic groups have successfully nurtured corruption. Come 2023, let us avoid power shift… we cannot continue to operate a lawless system and expect good results and development… it is the leadership shift we need”.

The reason “the people of the Federal Republic of Nigeria”[ii] decided to give the country a constitution is explained in the Preamble to the Constitution,[iii] thus:

“We the people of the Federal Republic of Nigeria Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under God …. And to provide for a Constitution for the purpose of promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating the unity of our people….” (emphasis, mine)

The most fundamental objective of the Nigerian Constitution is to promote unity, harmony, freedom, equality and justice which are the foundations upon which the country itself is founded.[iv] As a follow up, the Constitution proclaims[v] itself the supreme law of the land whose provisions have a binding force on all authorities and persons throughout the Federal Republic of Nigeria. Further, according to the Constitution,[vi]the Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution. All and sundry are in duty bound to observe its provisions which remain binding on all powers and principalities within Nigeria, however highly or lowly placed. According to George Washington, the Constitution is the ultimate guide which we must never abandon.[vii] Hear A.E. Samaan, “The U.S. didn’t achieve its liberty or prosperity by mistake. It was by design, and the architects were the Founding Fathers. Rights given by fad and fashion are just as easily taken away. Let no one mess with the Constitution. The Constitution matters.”[viii]Abraham Lincoln put it more aptly: “Don’t interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.” In Marwa v. Nyako,[ix] the Supreme Court gave further illustration to the concept of the supremacy of the constitution, thus:

“The Constitution is described as the grund norm and the fundamental law of the land. All other legislation in this country take their hierarchy from the provisions of the Constitution. It is not a mere common legal document. It is an organic instrument which confers powers and also creates rights and limitations. It regulates the affairs of the nation state and defines the powers of the different components of government as well as regulating the relationship between the citizens and the state”.[x]

It must be noted that the constitution of a country need not contain all the details regarding the structure and governing principles. The constitution of a country, the grund norm, only need to contain the fundamental principles that outline the purpose, structure, and limits of the country. Essentially, the constitution of a country provides a foundation upon which the country operates.[xi] Now, to ensure the promotion and sustenance of those principles of equality, justice, unity and harmony, the Nigerian Constitution[xii] makes provisions for a Chapter 2, which constitutes the “Fundamental Objectives and Directive Principles of State Policy”, the underlying foundation upon which all governance, all aspects of Nigerian State policy and activity shall be based. Although the Chapter appears not justiciable,[xiii] the constitutional directive in section 13 of the Constitution leaves no one in doubt about the level of importance placed on the Chapter: “It shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of this Constitution”. The Constitution then proceeds to give the following further directives with the aim of promoting and sustaining the foundations of Nigeria as enunciated in the preamble:

“The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice.[xiv] The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few State or from a few ethnic or other sectional groups in that Government or in any of its agencies.[xv] National integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited.[xvi] The State shall foster a feeling of belonging and of involvement among the various people of the Federation, to the end that loyalty to the nation shall override sectional loyalties”.[xvii]

For the avoidance of doubts, the present author’s reaction to learned silk Okutepa’s submissions is one of vehement disagreement, informed by the learned silk’s submission that the idea of “power shift” or power-rotation, is an “insult”, unnecessary, “lawless” and should be avoided like a plague. It is in herein argued that Mr. Okutepa’s said suggestions are legally faulty, unsustainable and insupportable; socially unjust and unfair; politically unreasonable and suicidal; culturally insensitive; constitutionally unwarranted and unwarrantable, and indeed an invitation to chaos, anarchy and doom, considering the peculiar nature of Nigeria, a multi-lingual, multi-religious multi-ethnic country of over 250 ethnic groups.

There is need at this point, to respectfully correct certain wrong impressions created by the learned silk in his commentary under consideration. First, the learned silk wants the world to believe that “rotation presidency” or “power shift” in Nigeria was all about sharing of power among the Igbos, the Yorubas and the Housa/Fulanis. With the greatest respect, this is incorrect. Yes, there are three major ethnic groups in Nigeria, but, legally and politically, Nigeria has six geo-political zones, namely: North-Central; North-East; North -West; South-East; South-South; and South-West. However, since the inception of the fourth republic in 1999, all discussions about “power shift” or “power rotation” have been about how to share power among these six geopolitical zones on the basis of a north-south shift. It has never been about how to rotate power among the three major ethnic groups of Igbo, Hausa/Fulani and Yoruba. The learned silk’s postulation is, therefore, misleading. An illustration: since Nigeria’s independence in 1960, the Igbo tribe (whether of the South-east or the Igbo-speaking segment of South-South Nigeria) has ruled Nigeria for only SIX MONTHS (January-July 1966),as opposed to the Ijaw tribe of the SouthSouth which has ruled for NEARLY SIX (6) YEARS: 2010 to 2015. The Igbo is one of those ethnic groups Mr. Okutepa describes as “major ethnic groups” while Goodluck Jonathan’s Ijaw tribe of the South-South is one of the “minority” ethnic groups, according to Mr. Okutepa. By the way, what is the “minority in a tribe that has ruled Nigeria for nearly six years out of the nation’s sixty-one years of independence?

Second, Mr. Okutepa represents the three major ethnic groups of Igbo, Hausa/Fulani and Yoruba as the ones whose leadership of Nigeria has,“successfully nurtured corruption” in Nigeria leading to “deteriorating political, social, and economic developments”. This is a misrepresentation; corruption in Nigeria has no ethnic or geographical origin. Neither the Igbo nor the Hausa/Fulani, nor the Yoruba, nor any other ethnic group in Nigeria could validly be described as being the reason why Nigeria is seen as “fantastically corrupt”.[xviii]Indeed, some unconfirmed reports have it, that it was during the Goodluck-Jonathan-presidency that corruption and looting went on unrestrainedly and unabashedly in Nigeria.[xix] The truth, contrary to Mr. Okutepa’s suggestions, is that there is hardly any government in Nigeria that has not been accused of or associated with corruption[xx] — Sir Tafewa Balewa (1960 to 1966); General Ironsi (January 1966 to July 1966); General Gowon (1966 to 1975); General Murtala Mohammed (1975-1976);[xxi] General Olusegun Obasanjo (1976-1979); Alhaji Shagari (1979-1983);[xxii] General Muhammadu Buhari (1983-1985); General Ibrahim Babangida (1985 to 1993);[xxiii] Chief Ernest Shonekan (1993: three months in power); General Sani Abacha (1993-1998);[xxiv] General Abdulsalaam Abubakar (1998-1999);[xxv] Chief Olusegun Obasanjo (1999-2007);[xxvi] Alhaji Umaru Yar’ardua (2007-2010); Dr Jonathan (2010 -2015); Rtrd General Muhammadu Buhari (2015-date).[xxvii] As an observer stated, “abusive, corrupt, and unaccountable Nigerian political leaders have undercut serious efforts to construct stable institutions to govern the country, solidify the rule of law, and promote respect for human rights”.[xxviii] Corruption is a true nationalist in Nigeria; it observes federal character; there is no ethnic group, major or minor, that does not have its fair share of the ugly stain of corruption. One could argue that Corruption in Nigeria belongs to all and to no one in particular. Indeed, if the major ethnic groups in Nigeria are the fathers of corruption in Nigeria, then the minority ethnic groups are the mothers, thus making all and none equally guilty and blameful.

Third, it is difficult to understand the distinction learned silk Okutepa tried to draw between “power shift” and “leadership shift”. Generally, one wonders whether “power shift” is not conterminous with “leadership shift”. But, learned silk has used the two terms to mean two different things. According to him, “power-shift” means rotation of power among the “three major ethnic groups” or, to use learned silk’s own words, “the Igbo, Hausa/Fulani or Yoruba power shift” which is “lawless” and “an insult to the collective sensibilities of the more 240 other tribes that are part of the Federation of Nigeria”. As already pointed out, this author disagrees with the learned silk on this. On the other hand, as the learned silk has said, “leadership shift” means “character shift” “attitude shift”; a shift in “the way we do things”. He has also used the same term, “leadership shift” to describe movement or concentration of leadership/power in the hands of people with integrity and character, and in the hands of “leaders whose actions and decisions will not encourage agitations and separation and balcanisation of Nigeria”. It is difficult to understand in precise terms, the dimensions of the “leadership shift” learned silk has put forward as a replacement for or as an alternative to “power-shift”. However, the present writer does not quarrel with whatever connotation learned silk Okutepa has chosen to give to “leadership shift”, but with the learned silk’s proposition that such “leadership shift” should be pursued and realised outside “power-rotation”.

To learned silk’s suggestion that power shift is “lawless”, one may ask, which law outlaws or forbids power-shift or power-rotation in Nigeria? And as a direct counter to learned silk Okutepa, the present author holds the respectful view that the idea of “power shift” or “power-rotation” is not only essential and lawful but is authorized and even commanded by the Constitution as a necessary vehicle towards realising the “Fundamental Objectives and Directive Principles of State Policy” as well as to achieving true unity, harmony, equity, justice and equality among the peoples of Nigeria. Consequently, and contrary to the Learned silk’s suggestions, the present author believes that what Nigeria needs now, more than all else, is power-shift in 2023 to the three geo-political zones in the South of Nigeria on grounds of equity and justice, and later in 2031, back to the north, and so on, in that manner, among the six segments (geo-polical zones) in Nigeria.

Learned Silk Okutepa hails from the Northern segment of Nigeria, andthere is no evidence that the same learned silk spoke out against the clamour for power-shift to the north in the run up to the 2015 general elections in Nigeria. On the contrary, learned silk had supported the power-shift to the north. If learned silk did not embark upon this Nigeria-does-not-need-power-shift advocacy when majority of Nigerians believed it was time for power to shift to the north, in 2015, one wonders why now that it’s the turn of the south to produce the next president, in 2023; why now that many believe it is the turn of the north (Mr. Okutepa’s north) to respect “federal character” provisions of the constitution and show integrity, honour, responsibility and gentle-manliness by relinquishing power to the south? Nigeria’s national ethics shall be Discipline, Integrity, Dignity of Labour, Social, Justice, Religious Tolerance, Self-reliance and Patriotism.[xxix] It is the submission of the present writer that “leadership shift” (whatever learned silk Okutepa and his school of thought, intend the term to mean) could and should be pursued and realised within the context of power-shift to the south in 2023. Thereafter, when next it’s the turn of the north to produce the president (example in 2031), the same school of thought should bring up this “leadership shift” to enable Nigerians Select, Elect and Appoint (SEA) a Nigerian president of northern extraction “whose actions and decisions will not encourage agitations and separation and balcanisation of Nigeria.” There abounds and can be found in each of the north and the south of Nigeria (and indeed in each of the six geo-politacal zones in Nigeria) hundreds and thousands of excellent presidential materials — from among the aged, the middle-aged and the young. There is no segment of Nigeria that does not have competent presidential materials, broad-minded, detribalized and pragmatic leaders.

The present writer agrees that Nigeria is in dire need of men and women of extraordinary leadership qualities –foresighted, hardheaded, and charismatic. This is because more often than not, as the present author has argued, a nation`s greatness depends on the quality of its leaders (as on its followership). The view of the present writer[xxx] as put forward in a commentary titled “A Nation’s Greatness depends on the quality of its Leaders & Followers”,[xxxi] is summarised as follows:

“Nigeria needs a leader who is heart-driven, one who understands what the country needs on every level; a peacemaker; one who unites, not divides; a cultured leader who supports true freedom of speech, not censorship; a leader who chooses diplomacy over war; a leader with integrity; one who says what they mean, keeps their word and does not lie to their people; a leader who is strong and confident, yet humble; intelligent, but not sly; a leader who encourages diversity, not racism. Nigeria needs a leader who will invest in building bridges, not walls; who will invest in books, not weapons; a leader who brings morality not corruption; intellectualism and wisdom, not ignorance; stability not fear and terror; peace, not chaos; love, not hate; convergence, not segregation; tolerance, not discrimination; fairness, not hypocrisy; substance, not superficiality; character, not immaturity; transparency, not secrecy; justice, not lawlessness; improvement and preservation, not destruction; truth, not lies and propaganda. Nigeria needs a leader who serves the best interests of the people first; who does not sacrifice human life on the altar of sectional interests and bigotry; a leader who is always open to criticism, and does not silent dissent”.

Leaders with all or majority of these qualities exist and can be found in every part of Nigeria; there is no state or segment that has a monopoly of men and women of integrity, fair-mindedness or foresight; men/women “whose actions and decisions will not encourage agitations and separation and balcanisation of Nigeria”. Besides, sauce for the goose is sause for the gander! Any suggestion that power be concentrated in only one segment for too long, to the exclusion of the others is inimical to the fundamental and underlying objectives the Federal Character Provisions of Chapter 2 of the Constitution? Accordingly, any idea of “leadership-shift” that fails to recognise the need for power-shift to the south in 2023, is, with due respect, lawless, unconstitutional, digressive, evasive, beclouds the material issues, and tantamounts to leaving the substance in favour of a pursuit of mere shadows. It’s respectfully submitted, again, that the fundamental objective of the Federal Character Provisions of Chapter 2 of the Constitution is to provide for, authorise, direct and mandate power-rotation in “the government of the Federation” and power-sharing in all government Ministries, Departments and Agencies. Those who try to argue that the idea of “rotational presidency” is not supported by the Constitution either do not fully appreciate the spirit and intendment of the the Federal Character Provisions of Chapter 2 of the Constitution, or are deliberately and distorting the same to suit selfish or sectional interests. It is important to suggest that there are only two options left for Nigerians and Nigerian leaders, if they must save and sustain Nigeria, stabilise democracy, strengthen unity and accelerate the nations’s peace and development: it is either Nigeria embraces “Rotational Presidency” as an indispensable governance creed or the country should opt for Restructuring as a credible alternative. In the event that the country’s leaders and peoples opt to follow the option of power-shift, in order to respect the Federal Character Provisions of Chapter 2 of the Constitution, then the best way to talk about or to go about any idea of “leadership shift” is to advocate that, in rotating power down to the south in 2023, Nigerians should be careful to ensure that they do not elect or select any religious bigot, an ethnic jingoist, a clannish, nepotistic, extremist and clueless leader; that Nigerians should elect a uniting and not a disuniting personality. In this way, one would have acknowledged both the urgent need for “power-shift” to the south in 2023 and at the same time, for “leadership shift” to true nationalists.

It is reiterated that section 14(3) of the Constitution has directed that “The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few State or from a few ethnic or other sectional groups in that Government or in any of its agencies”. In its plain sense, it is respectfully submitted, “the composition of the government” of the Nigerian Federation begins with the composition of the office of the President of the Federal Republic of Nigeria; the government of the Federation is headed by the President of the Republic. Accordingly, application of the provisions of sections 14 and 15 of the Constitution must begin with the office of the President. Indeed, it is submitted, a community reading of the Federal Character provisions of the Constitution leaves one with no choice than to agree that the Constitution, as a matter of necessity, prescribes and contemplates the idea of a “rotational presidency” for Nigeria. The first employee, appointee or elected official of the Nigerian Federation, the Nigerian State (which is made up of the Nigerian electorate) is the President of the Federation. The process of installing a President for Nigeria usually goes through the S.E.A procedure:The Nigerian State (through the political parties, by zoning/nomination/primary election) would first SELECT candidates for the general elections;Thereafter a Candidate, from among the candidates, is then ELECTED President (via general elections);Finally, the Nigerian State would APPOINT the President into office (via the Presidential Inauguration/Swearing-In).

The appointment of the President is usually subject to monthly wages and salaries, paid from taxes collected from the Nigerian electorate and kept in the Nigerian Federation account . Section 15(4) of the Constitution places an obligation on “the State” to ensure that the “SEA” procedure is conducted in such a manner as to “foster a feeling of belonging and of involvement among the various people of the Federation” Section 14(3) wants the composition of the government of the Federation (starting from selection, election and appointment into the office of the president) to be done in such a manner as to reflect the federal character of Nigeria, promote national unity, command national loyalty, afford every segment of Nigeria a “sense of belonging”. All government positions, appointments, and offices in “the government of the Federation” (including that of the President) ought to be spread across the various segments of Nigeria. In other words, each and every segment in Nigeria must, in a rotational manner (turn-by-turn), have a taste of each including the office the President. Both in the SEA process and in the composition of the other offices in the government of the federation, including the agencies, Ministries and Departments, there must be “no predominance of persons from a few State or from a few ethnic or other sectional groups” The office of the President is thus not excluded from contemplation and application of the federal character principles and provisions of the Constitution; to suggest otherwise is to do grievous NATIONAL and irreparable harm to the Constitution. The wording of Section 14(3) shows that the composition of “the government of the federation” which starts with the office of the president IS DIFFERENT FROM the composition of “any of its agencies”. Some people have argued that “chapter 2 of the Constitution neither includes it nor excludes the office of the president?” Such an argument makes no sense at all; it is either the office of the president is covered by chapter 2 or it is not! There is no middle ground! And this writer has no doubt that the former is the correct position!

Now, if one agrees that the office of the president is contemplated in Chapter 2, one has indirectly agreed that the office of the President should be spread (which invariably and irresistibly means “should be rotated” since the office of the President is only one) among the various sections/segments of country in such a manner as to promote and “reflect the federal character of Nigeria” as envisaged by s. 14(3) of the Constitution; to afford every section of the country a “sense of belonging” as envisaged by s. 14(3); to promote “national unity” as directed by s. 14(3); to ensure “social justice” as directed by s. 14(1); to “command national loyalty” as directed by s. 14(3); to ensure “that there shall be no predominance of persons from a few State or from a few ethnic or other sectional groups” as directed by s. 14(3); to “foster a feeling of belonging” as directed by s. 15(4); and to promote “national integration” as directed by s. 15(2). Finally, in conducting the SEA process (ie., in the process of Selecting, Electing and Appointing a President for Nigeria), and in appointing other members of the government of the Federation or its agencies, ”discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited”. The sum total of the implication of the aforesaid is, one must repeat, that the Constitution has directed (in its Chapter 2), although not directly, that the position of the President must be rotated among the various peoples of Nigeria. Unlike other offices in the “government of the Federation”, the application of the “Federation Character” provisions of Chapter 2 of the Constitution, to the office of the President is PERIODICAL; all segments of the country cannot be given a presidential slot at one and the same time; one segment must take at a time while the others must wait for their respective turns. The Constitution does not specify the precise manner of rotation of the office of the President among the constituent units but requires (by necessary reasonable implication) that occupation of the office must be equitably spread/rotated across the length and breadth of Nigeria. What else could be the reasonable import of the provisions of sections 13, 14 and 15 of the Constitution, if not rotation, equitable spread? How else could the Nigerian Federation achieve the objectives set out in the Federal Character provisions if not through “rotational presidency” or periodic power shift? Indeed, to exclude the office of the head of the government of the Federation in any discussion on implementation of federal character is to promote fraud, elevate insincerity to high heavens, advertise mischief, and perpetuate grave violence against the objectives and express directives of the Constitution. Any suggestions by anyone or group to jettison “power-shift”, unless such is targeted at achieving the alternative — restructuring — could and indeed, would politically spell doom for Nigeria! Regarding the other offices in the government of the Federation, because they are many (there ought to be no fewer than 37 offices of ministers at each time), the Honourable Minister for Agriculture need not come from any particular segment of Nigeria, provided that no fewer than one person is appointed from each State as a Minister for the Federation.[xxxii]

It is interesting to note at this juncture, that even in learned silk Okutepa’s home state of Kogi, advocacy for “power-shift” as a means of ensuring peace, equity, fairness and social justice is on the rise, and rightly so.[xxxiii] As of July 16, 2021, a pressure group, the Kogi Central Political Ambassadors (KCPA), had thrown its weight behind agitations that the governorship seat in the State should shift (be rotated) to the Kogi West Senatorial district in 2023. In a statement, the Chairman of the group, Malam Muhammed Onimisi had noted that the group’s position was premised on “the need for equity, fairness and justice in the state”. Similarly, sometime in August 2021, a prominent socio-cultural group, the Kogi West Elders Forum (KWEF), urged all political parties in Kogi State to consider candidates from Kogi West Senatorial District as the next governor of the state. The forum deplored “the skewed political power play that has denied the district its good intention and active participation in previous elections, the ability to produce a governor of the state since its creation in 1991”.[xxxiv] Indeed, discussions and campaigns for power-rotation within Kogi State, on grounds of equity, justice and fairness (the same reasons the federal character principle was introduced into the constitution of the federal republic), have of late been in the front-burner. A few days ago, Mr. Yekini Jimoh took a look at the issue of power-rotation within Kogi State amid the ongoing campaigns by some leaders in the state.[xxxv]

The makers of the Nigerian constitution understood and appreciated the practical implications of Nigeria being a multi-lingual, multi-religious and multi-ethnic country; they introduced “Federal Character” to lessen acrimony and friction, create and give a sense of belonging to all parts of Nigeria thereby engendering genuine cooperation, unity and progress among Nigerians. Thus, whether we talk about leadership-shift in terms of gender-balancing or in terms of generational power-shift to the younger generation (to make youths leaders of today) or of leadership-shift to men and women of greater honour, broad-mindedness, integrity, and foresight, one thing that must never be pushed aside without fatally injuring the fabrics of the peace, security, unity and oneness of Nigeria, is the idea of power-rotation among the various segments of Nigeria. The high-heterogeneous nature of Nigeria makes power-shift a necessity in Nigeria; running away from it is like trying to run away from one’s shadows; one would ultimately come back to face reality in the interest of order, peace, justice, unity, political stability, and national integration. Power-rotation is aimed to address the problems of instability, hegemonies, marginalisation, and domination by one segment or region over the others. The only options before Nigeria is to either to consolidate power-rotation and ensuring spread to all segments in an equitable manner or, to restructure the country with a view to giving greater autonomy to the regions or the geo-political zones which make up the federating units. If by their grandstanding, shenanigans and scheming, Nigerian politicians and their advisors destroy the presidential-power-rotation concept, they might have succeeded in destroying unity, peace and stability in Nigeria; peace, unity and stability are essential preconditions for progress and advancement. My question for Nigeria is this: Shall we continue in sin that grace may abound![xxxvi] A reference to a statement by the present author in 2020 appears apt in the present circumstances:

“In 2010, I had warned Nigeria to not destroy the rotational presidency earlier introduced by the PDP in 1999. The South had had power for 8 years with CHIEF OBJ from Ogun State (in the south)as the President. Power thereafter shifted to the north with Alhaji Ya’ardua from Katsina (in the north) as the President. When Ya’ardua died, I wrote and begged Nigeria to ensure that power remained in the north until 8 years before returning power to the south. Nigeria did not listen. Nigerian Politicians jettisoned rotational presidency. It was the death of rotational presidency that polarised PDP membership, and saw to the party’s inevitable ouster from power at the centre in 2015.[xxxvii] This was because, with the disruption in 2011, of the North’s 8-year term (which had begun in 2007) during which period power was supposed to remain in the north, the North had felt cheated and short-changed. The result was the fierce battle by the north to enthrone one of their own at all cost in 2015. And, [indeed,] it was done at all cost….until Nigerian politicians return to running the affairs of Nigeria in line with Federal Character Provisions in Chapter 2 of the country’s constitution, there might never be any hope for Nigeria’s redemption or survival”.[xxxviii]

Above is the present writer’s unsolicited advice to all Nigerians, including the leaders, politicians, followers and observers. Giving advice is a thankless exercise. It is said that bad advice could blind you.[xxxix] Conversely, according to Matshona Dhliwayo, “a good advice will instruct you, excellent advice will enlighten you, and transcendent advice will elevate you.” Accordingly, as suggested by author Mohith Agadi, when one sees good advice, one should not only listen to it, but should also take it. Our hope and progress as a nation would begin only when we learn to carry every section of our country along, to treat everyone as a part of us, to act as one big family, and to eschew segregation, exclusion, clannishness and nepotism in governance.[xl] Our leaders have a choice to make between stabilizing Nigeria and moving it forward and destabilizing it and moving it backwards. In an earlier commentary, the present writer gave the following explanation:

“…..all choices are made with great risks. …we must decide for ourselves, individually, collectively, whether the consequences are worth the action we take…. We always know the right thing to do; the hard part is doing it. Yet, doing the right thing is always the right thing to do. Doing the right thing comprises in facing reality. The reality is that all what we need now is reconciliation with one another, not blaming each other, reparation of damaged relations and society, not bullying of sections of it, reconstruction of devasted hopes, not persecution of those who dared to raise their voices; repentance and re-engineering, not exacerbation and heightening of tension. Sometimes, God doesn’t send you into a battle to win it; he sends you to end it. All kinds of fights end at forgiveness. We must therefore evolve for our country a conflict resolution method which rejects revenge, aggression, oppression, victimization and bullying. Our leaders should stop scaring away [some segments of the country] and making them feel not recognized nor welcome”.[xli]

Finally, in his farewell address to the Americans, at the end of his eight-year tenure as a President of the USA, Bill Clinton had offered the following suggestions to the residents and people of America:

“… we must remember that America cannot lead in the world unless here at home we weave the thread of our coat of many colours into the fabrics of America. As we become ever more diverse, we must work harder to unite around our common values and common humanity…. In our hearts and in our laws, we must treat all our people with fairness and dignity, regardless of their race, religion, gender or sexual orientation”.

Only time will tell whether Nigeria would heed wise counsel? In the mean time, speaking generally a Nigerian proverb has it that,“a fly that refuses to heed wise counsel follows the corpse to the grave”.[xlii]May God Almighty guide Nigeria aright! Amen! Ameen! Amin!

Respectfully,
Sylvester Udemezue (udems),
Lawyer, Law Teacher & Public Legal Affairs Analyst

08109024556. [email protected].

Okutepa JS, “2023: Nigeria Does Not Need Power Shift, Nigeria Needs Leadership Shift – Okutepa [SAN]” (TheNigeriaLawyerOctober 2, 2021) accessed October 2, 2021[ii] See the preamble to the Constitution of the Federal Republic of Nigeria, 1999[iii]The Constitution of the Federal Republic of Nigeria, 1999 accessed October 02, 2021[iv] In its preamble, as shown above[v] Section 1(1)[vi] Section 1(2)[vii] See: The Library of Congress, “George Washington to Boston Citizens, July 28, 1795” (The Library of Congress)accessed October 02, 2021[viii] See: accessed October 02, 2021.[ix] (2012) LPELR-7837(SC), the Supreme Court [per Adekeye, J.S.C (pp. 169-170, paras. B-F)], per Adekeye, J.S.C(Pp. 169-170, paras. B-F)
[x] See also A-G Ondo State v. A-G Federation (2002) 1 NWLR (Pt.772) pg.222. A-G Abia State v. A-G Federation (2002) 6 NWLR (Pt.763) pg.204. Abacha v. Fawehinmi (2000) 4 SC (pt.11) pg.1. Balonwu v. Gov. Anambra State (2009) 18 NWLR (Pt.1172) pg.13.[xi] Iowa State Univery, “What is a Constitution?” accessed October o2, 2021.[xii] the Constitution of the Federal Republic of Nigeria, 1999.[xiii] See the Constitution of the Federal republic of Nigeria (CFRN), 1999, section 6(c).[xiv] Op Cit., section 14(1).[xv] Op Cit., section 14(3).[xvi] section 15(2)[xvii] section 15(4)[xviii] See: “David Cameron Calls Nigeria and Afghanistan ‘Fantastically Corrupt’” (BBC NewsMay 10, 2016) accessed October 2, 2021; channelsweb, “Nigeria Is ‘Fantastically Corrupt’ – British PM, David Cameron” (YouTubeMay 11, 2016) accessed October 2, 2021[xix] See: Sahara Reporters, “Nigeria Lost $32bn To Corruption Under Former President Jonathan – DFID” (Sahara ReportersDecember 12, 2017) accessed October 2, 2021; “Presidency Releases Details of Alleged Grand Corruption during Jonathan Administration” (Premium Times NigeriaMay 10, 2018) accessed October 2, 2021[xx]See: “Criminal Politics: Violence, “Godfathers” and Corruption in Nigeria: Historical Background and Context” (Criminal Politics: Violence, “Godfathers” and Corruption in Nigeria: Historical Background and Context) accessed October 2, 2021[xxi] See: Agboluaje R, “How Murtala/Obasanjo Government Engendered Graft in Civil Service” (The Guardian Nigeria News – Nigeria and World NewsNovember 20, 2020) accessed October 2, 2021[xxii] See: Frankel G, “Nigerian Leader Promises Crackdown on Corruption” (The Washington PostJanuary 3, 1984) accessed October 2, 2021[xxiii] (Nigeria – The Babangida Government) accessed October 2, 2021[xxiv] García LPV, “Political Corruption in Nigeria: Sani Abacha” (Streiner) accessed October 2, 2021[xxv] McGrill C, “Military Drains Nigeria’s Coffers” (The Guardian, May 18, 1999) accessed October 2, 2021[xxvi] See: Punchng, “Obasanjo Is Grandfather of Corruption in Nigeria –Reps” (Punch NewspapersNovember 25, 2016) accessed October 2, 2021; “CORRUPTION: Obasanjo’s Eight Years Worse than Abacha’s – Ribadu” (Vanguard NewsSeptember 5, 2011) accessed October 2, 2021[xxvii] See: Omorogbe P, “Corruption ‘Massive, Widespread, and Pervasive’ under Buhari ― US” (Tribune OnlineApril 2, 2021) accessed October 2, 2021; “Corruption under Buhari Is Worse, Says Babangida” (The Guardian Nigeria News – Nigeria and World NewsAugust 6, 2021) accessed October 2, 2021[xxviii] Criminal Politics, Op Cit.[xxix] The CFRN, 1999, section 23.[xxx] Which is an adaptation of a famous statement by Suzy Kassem, American writer, poet, philosopher, and multi-faceted artist of Egyptian origin, in the book, Rise Up And Salute The Sun (2011) site accessed October 02, 2021.[xxxi] See: Udemezue SC, “A Nation’s Greatness Depends on the Quality of Its Leaders & Followers By Sylvester Udemezue” (BarristerNG.comOctober 11, 2018) accessed October 2, 2021[xxxii] See: Udemezue, S.C., “Why Nigeria Must Always Have a Minimum of Thirty-Seven (37) Ministers for the Government of the Federation” (kelechukwuuzoka.wordpress, January 25, 2017) <https://kelechukwuuzoka.wordpress.com/tag/buhari/> accessed October 02, 2021[xxxiii] See: “2023 Gov’ship: Kogi Central Group Supports Power Shift to West” (Obervertimes, 16 July 2021) accessed October 02, 2021.[xxxiv] See: Oguntola T, “Kogi West Elders Want Power Shift To Zone” (Leadership News – Nigeria News, Breaking News, Politics and moreAugust 20, 2021) accessed October 2, 2021[xxxv] Jimoh Y, “Kogi: Will Power Shift in 2023?” (Tribune OnlineSeptember 7, 2021) accessed October 2, 2021[xxxvi] My answer is: “God forbid”. See: the Bible book of Romans 6:2[xxxvii] See for example Tattersall N, “Q A: Nigeria’s Presidency and the North-South Question” (Reuters, July 27, 2010) accessed October 2, 2021: It was reported thus“Uncertainty over whether Nigerian President Goodluck Jonathan will stand in elections next year is largely due to a nebulous understanding that power rotates between the Muslim north and Christian south. Although not formally set in writing, there is an agreement among the political elite in the ruling People’s Democratic Party (PDP) that the presidency should alternate between north and south after every two four-year terms. Jonathan, a southerner, took over as head of state earlier this year after the death of President Umaru Yar’Adua, a northern Muslim who was part way through his first term. Some northern power brokers say what should have been his second term can only be taken by another northerner and that Jonathan should therefore not stand. Other northerners say it is time for the “zoning agreement” to be jettisoned.” See also: Owen O and Usman Z, “Briefing: Why Goodluck Jonathan Lost the Nigerian Presidential Election of 2015” (OUP Academic, June 29, 2015) accessed October 2, 2021[xxxviii] accessed October 02, 2021.[xxxix] Per Matshona Dhliwayo[xl] See: Udemezue, S.C., “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” (BarristerNG.comMarch 18, 2019) accessed October 2, 2021[xli] Udemezue SC, “A Catholic Cogitation On The Freeze Order Against Bank Accounts Of Alleged #EndSARS Protest Promoters -By Sylvester Udemezue ” (BarristerNG.comNovember 8, 2020) accessed October 2, 2021[xlii] Quoted by Chinua Achebe in Arrow of God. See: “A Quote from Arrow of God” (Goodreads) accessed October 2, 2021. See also: Chic African Culture Blog, “A Fly That Does Not Heed Advice Follows the Corpse to the Grave” (African cultures express, encourage, and communicate energyJune 3, 2021) accessed October 2, 2021.

“It would be futile to just leave the fate of a great people in the hands of just a few ‘politicians’, many without the requisite intellectual training or rigour for political life.”

By Obi Nwakanma

I just got back from Nigeria last night, in what might be called “a flying visit.” The killing of Gabe Ofoma, and the reported kidnap of Justice Pemu of the Appeals Court in Owerri, and other reported incidents are unfortunate, but they feed into the hysteria that exaggerates the reality of life in Nigeria. It is a tough place, certainly. But the calm of daily life is equally real.

I felt no sense of threat. People are occupied with the challenge of quotidian life. I could feel the hardness of spirit and deep cynicism as I never knew it before among Nigerians, but there were still moments of sensitive kindness and warm, open generosity. We need to step down on this hysteria which serves only to undercut and de-market Nigeria, particularly the East of Nigeria, and which gives already cynical folk the excuse to de-invest and turn away from their moral and historical obligations to their natal society.

My observation of the East is quite simple: there is a huge army of highly skilled and unemployed young men and women who live like crabs in a bucket. They have no jobs, and many at 40 years still live at home with their parents, unmarried, with little prospects and they are social prisoners in a world with little social benefits accruing to citizenship. This is dangerous.  A man with an Engineering skill brought together with one with training in biology, chemistry, physics, and with experience in Lab Technology can either make a bomb or build a gas station. The choice is for all actors in the system to decide precisely what you want of them. Right now, these young men and women feel like flotsam, abandoned to the elements, and the natural progression of things suggests that they may seek alternative outlets for survival. They will rebel against the society that has not offered them much choice. They will operate outside its laws. They will bring down the roof on everybody. They will make the night walk with knives. To lament will be futile.

I always liked the old Pyrates credo: “do not yap, Act!” – the seventh of its rudder blades. Our obligation is to find solutions to this increasingly “Haiti situation” not lament. A slow burn out of society is possible when the capacity for systematic thought is left in the hands of incompetent state actors. We need to bring in our sociologists, our political scientists, our communicators, our clinical psychologists and psychiatrists, our demographers, urban planners and our social workers, and begin to design a solution. We cannot leave the business of growth and survival in the hands of fly by night politicians, many of whom are no worse than crime lords, and who are the beneficiaries of the growing chaos.

My observation of the East, just driving through is of the large growth of unliveable cities without planning boards or commissions. They destroy the natural environment and build concrete jungles, with little architectural, aesthetic and spatial considerations. Spatiality is vital to mass behaviour, particularly in a highly urbanizing society. I have suggested the possibility, given the chaos in our urban life, of untreated mass psychosis as a result of the ruptured spaces and the pollution, and the tensions of our new urban society where there is little recreational outlet. Then of course: jobs, jobs, jobs! We must find a solution to youth unemployment. Without this, we must expect increasing defiance and violence. We also need to invest authority on institutions rather than on individuals. The idea of the high and mighty creates ennui and discontent in an increasingly complex and tense society. We must make authority earn its just desserts, not just feed it.

A well-established policing system with capacity to assert legitimate and visible deterrence in a modern society should replace the current primitive policing in our society with its constabulary character. Both in terms of its recruitment and training model and in its orientation, the current NPF is incapable of containing the current generation of criminals with their high exposures. We need to be real: crime is the fallout of social failure. It is not a reflection on the general moral condition of a society. Above all, we must decommission the bitter politics of power and create the politics of service. In sum, I think this is the greatest time in Nigeria for anyone who wants to build wealth and establish value to actually accomplish it.

A city like Aba, for instance, is a massive diamond in the rough waiting to be taken. We can either leave it for the Chinese or we must take our chances. That jewel in the armpit of the Atlantic can absorb the massive but underused skills of the young, particularly of the East, as it expands southwards to Ikot Ekpene, and Northwards to Owerrinta, with Umuahia and Port Harcourt left and right of its flanks. We must clean up our cities, and preserve the great bucolic quality of our country sides, and instigate an environmentally sustainable growth in both our rural and urban economies. That is something we all can bring our heads together to do. It would be futile to just leave the fate of a great people in the hands of just a few “politicians”, many without the requisite intellectual training or rigour for political life.

What is happening in Nigeria, nonetheless, is not worse than what is happening in Mexico where the drug cartels slowly took over the social and political life of that society and where the kidnapping and assassinations of judges, journalists, and key business rivals is in fact, common. Let’s push so that the Nigerian society does not get there, not by lament, or “yapping” but by common action.

Obi Nwakanma ’78

Jide Ojo

Vocabulary.com, an online dictionary, describes farming as the act or process of working the ground, planting seeds and growing edible plants. You can also describe raising animals for milk or meat as farming. However, will it be inappropriate to classify breeding children for sale as farming? Are you shocked that there are some mindless animals in human skins who, under different guises and ruses, arrange for young boys to impregnate teenage girls and then sell off those children to prospective buyers when they were born?

Things are indeed happening in Nigeria. An online magazine named Wide Angle in a November 11, 2008 news report titled Nigerian Babies Bred for Sale reported thus: “police in the city of Enugu in south-eastern Nigeria raided a maternity hospital suspected to be a ‘baby farm.’ The authorities were tipped off by a pregnant teenage girl who managed to escape from the clinic, where she was being held hostage along with seven other pregnant women awaiting delivery. Several of their captors were arrested, but the suspected leaders of the child-trafficking ring remain at large.”

The report went further “This is the latest in dozens of investigations over the past few years that have revealed a network of Nigerian clinics and orphanages involved in breeding babies for sale. The most high-profile raid occurred in June of this year (2008) when 20 teenage girls were rescued from a hospital reported to be engaged in the illegal trafficking of infants. The doctor in charge, who is now facing trial, insists he was running a foster home to help unmarried pregnant girls give their babies up for adoption. But the women report they were lured to his clinic by offers to help them abort their unwanted pregnancies, then locked up until they gave birth. The young women were paid the equivalent of about $170 to give up their babies; the infants were in turn sold to childless couples for anywhere between $2,500 and $3,800 each.”

A September 30, 2019 story in the Cable News Network reported that 19 pregnant teens and women were rescued as Nigerian police busted a suspected child trafficking ring planning to sell babies. The victims, ranging in age from 15 to 28, were found in different locations in Lagos, Nigeria’s commercial nerve centre, in a police raid in September 2019. Two women accused of operating the homes, where the victims were found, were arrested on suspicion of selling babies and investigators are searching for a prime suspect in the case, Lagos police spokesman then, Bala Elkana, said. According to police, the traffickers were selling male babies for N500,000 (around $1,378) and female babies for N300,000 ($827). Police said the rescued victims will be handed over to Nigeria’s anti-trafficking agency and relevant authorities for rehabilitation. Authorities in Nigeria regularly bust baby trafficking rings, commonly called “baby factories.” In 2018, the government said more than 162 children were rescued in several raids on illegal orphanages in the city.

February 24, 2021 report in Premium Times has it that the police in Ebonyi State detained a woman believed to be a commercial sex worker for allegedly trying to sell her baby for N40,000. The woman identified as Victoria Chukwube, 32, said she wanted to sell the child to raise money to start a business of selling drinks. Just last Monday, February 21, 2022, a 28-year-old woman, Justina Yakubu of Mararaba-Mubi of Adamawa State, was  arrested and arraigned for selling her baby for N120,000. She was said to have lied to her lover, Jamilu Suleiman, who was the father of the baby, that the baby died. Yakubu and a nurse, Esther Romanus, were remanded in prison by the Chief Magistrate Court in Yola, the state capital, for alleged criminal conspiracy, buying or selling of person for immoral purpose.

It is very unfortunate that our moral decadence in Nigeria has fallen so low that children are no longer held in high esteem and have been turned to chattels that is being sold and bought. Yes, it is not peculiar to Nigeria or Africa as I watched a news story on CNN where a father sold her teenage daughter to a suitor for marriage in Afghanistan. However, the situation in Nigeria is reaching an epidemic level. There are too many fake orphanages and maternity centres whose main business is to breed or rear children for sale. Some unscrupulous nurses, who steals children from the hospitals and clinics where they work and sell them off to prospective buyers, are also part of the syndicate. This, to say the least is inhuman and ungodly!

Apart from the phenomenon of child farming and baby factories, other heinous crimes some parents commit against children include child trafficking leading to phenomenon of child labour, child soldiering, child pornography, child hawker and child beggar. There is also child marriage leading to teenage pregnancy and the contraction of vesico-vagina fistula especially during child birth.

Meanwhile, there is a 2004 Child Rights Act which says in Section 1 that:  ”In every action concerning a child, whether undertaken by an individual, public or private body, institutions or service, court of law, or administrative or legislative authority, the best interest of the child shall be the primary consideration.” Is this provision being upheld when children are trafficked or denied access to education, health care service or basic necessities of life—food, clothing and shelter?

It is very hypocritical of parents to neglect and exploit their children only to turn round and blame government for rising insecurity. The estimated 13 million out of school children definitely constitute clear and present danger to the rest of the society as it is from their fold that insurgents and bandits are recruited. Sexually or financially exploited children cannot grow up to be well behaved as they often develop into beasts with no milk of human kindness.  Many parents and guardians are also daily exposing children to x-rated films and lurid musicals. How would such children not become rapists, drug addicts and deviants?

Most shocking to me is this phenomenon of buying children instead of legally adopting them from government registered and controlled motherless homes or orphanages. It has been discovered that many couples or women who decided to buy children also try to fool neighbours, family members and friends with fake pregnancies. It is often when there is blood donation and transfusion issues or paternity disputes leading to DNA tests that such crimes are exposed.

Children are God’s heritage and should be treasured. Selling off children to fend off poverty is a wrong-headed solution. Buying children in order to douse the humiliation of barrenness is likewise ill-advised and a misnomer. Such children are nothing but bastards that will taint the family lineage. Couples need to embrace child spacing and family planning methods. Birth control is very key to solving the problem of unwanted pregnancies and children. Those who run child farming and marketing or baby factories should know that it is not only an economic crime against humanity but also against God. They should therefore desist from such illegitimate and ignoble businesses.

– Tweet at me @jideojong