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Atsen, Aluko call for synergy between Bar and Bench

  • As AJUCCON holds Valedictory Session for Retiring Judges

Chairman, Nigerian Bar Association (NBA) Abuja Branch (Unity Bar) Mr. Bulus Atsen has called for a better working relationship between the Bar and the Bench.

Atsen made the call yesterday at a valedictory session hosted by the Association of Judges of the Customary Court of Nigeria (AJUCCON), Federal Capital Territory (FCT), Chapter for its retiring Judges – Honorable Eduok Okon and Honorable Samson John.

Atsen who described the Bar and the Bench “as partners in progress in the Temple of justice” entreated that both parties “must work together to rebuild confidence in the judiciary.” Mr. Atsen also commended the recent decision of the Customary Court sitting in Pyakasa which held that Bata Dance Originated from Yoruba land. “I commend the court for upholding and protecting Bata, the Yoruba Traditional Cultural Expression.”

In a unanimous decision of the court, it was also ruled that BATA dance and music is the true Yoruba custom and heritage and its applicable reality is not limited to persons living in Yoruba land in Nigeria which implies that wherever Bata dance or music is identified, the Yoruba heritage, history, and connecting elements cannot be denied. The ruling delivered by His Honour, Ehusani Abel Simpa, in the case of incorporated Trustees of Intellectual Property Lawyers Association of Nigerian  and Black Bones Theater Kompany, held that from the witnesses’ evidence, SALSA was drawn out like a limbo from BATA.

Atsen also commend the retiring judges for their selfless service on the Bench. Likewise, Mr. Folarin Aluko, a past Chairman of the NBA Abuja Branch, commended the FCT Customary Court on its speedy dispensation of cases and innovative embrace of virtual proceedings which promote access to justice for the common man. Legal Adviser to the Branch, Mr. Tosin Olufon shared his thoughts on the concept of meritorious service on the Bench.

Earlier in the session, AJUCCON’s Secretary General, Hon. Ehusani Abel Simpa delivered an address on functions of the Bench and the pedigree of the retiring judges.

Among the key persons at the event was Mr. Aliyu Abdullahi, Chairman of Gwagwalada Branch. The Bench was represented by Magistrates, Area Court Judges and other members of the FCT Bench.

The session also featured the presentation of Meritorious Service Awards from the Association of Judges of Customary Court of Nigeria (AJUCCON), FCT Branch, to awardees including Hon. Eduok Okon, Hon. Samson John, pioneer AJUCCON Chairman, Hon. Allen Juwobor (Rtd), Hon. Doocivir Yawe, Hon. Hauwa J. Yilwa and the Chief Registrar of the Customary Court of Appeal of the FCT.

Only four per cent of northern girls completed secondary school: Report

Only four per cent of northern girls complete secondary school, says a survey by the Centre for Girl Child Education (CGE).

The centre’s board member Binta Muhammad disclosed this on Thursday in Sokoto.

Ms Muhammad stated that CGE was established in 2007 with 64 girls in rural communities in Kaduna after a baseline survey was conducted.

This week President Muhammadu Buhari stated in London that “you can’t succeed outside your educational qualification.”

He added, “Anybody who missed education has missed everything.”

Speaking on the CGE report, Ms Muhammad said, ”The survey indicated that only 25 per cent of primary school girls continue to secondary school, and only four per cent graduate secondary school.”

She explained that the non-governmental organisation had improved access and quality of schooling and vocational training for rural and low-income urban girls in northern Nigeria.

She added that the CGE intervened in gender-based violence, intensive literacy, life skills, nutrition, and others in Sokoto, Kano, Katsina, Kebbi, Borno, Bauchi, and Gombe.

The NGO pointed out that it supported 70,000 northern girls to stay in school or learn a trade.

”We provided free uniforms, transport fares, feeding among others to girls in order to ensure their enrolment, retention, and completion in schools,” she added.

Ms Muhammad explained that after the CGE interventions, about 90 per cent graduated from primary schools, and 70 per cent graduated from secondary schools.

”We are partnering community and religious leaders to design a curriculum that suits religious and cultural norms of respective societies, which facilitated acceptance,” she revealed. “We strive to ensure that governments remove educational levies, especially for girls child schools.”

Credit:NAN

This is worth your time.

By Dare Babarinsa

Being Nigerian Outside Nigeria: An Extra Burden

Visiting Austria for the first time and realizing that the police officers are particularly interested in the same set of people: The Nigerians. I’ve been in and out of South Africa for the last five years. On my first arrival in Johannesburg, January 2014, I was welcomed at the airport by Fr. Terry Nash. He was smiling, I was smiling, too. I was in the company of six other guys who introduced themselves – from Delta State, Akwa-Ibom, Benue, Anambra, etc.

It got to my turn and I said IMO. Fr. Nash’s smile ripened into a giggle, “I have heard about Imo, I met many people from Imo State because I’ve been in prison ministry. Nigerians generally make up a high population in the prison here. And the Imo guys make the church in prison so vibrant, those guys are great”, he said, still smiling. My own smile had left me.

Years later I would find myself suffering what seems like a stigma that comes with being Nigerian. Every time I found myself in the airport, my identity as a Nigerian is a source of worry: being asked to step aside for extra questions, being delayed by extra protocol because I’m Nigerian.

Three years ago I was returning to Nigeria on holiday. There was small chaos at the airport: the noise of police whistles and the barking of police dogs filled the air, “get that man”, a chubby white policeman was screaming. “Somebody has been caught with drugs again”, an unknown Black man quickly hinted me, “it is these Nigerians”. I quickly became furious.

“You can’t be sure it’s a Nigerian”, I retorted. Well, the guy was caught. Behold, he had a strong Nigerian accent while he was begging the policemen, and had the angled shape of my head: Igbo, with a rosary on his neck. I gave up on defending Nigerians’ reputation.

I gave up because shortly after a Nigerian family volunteered to do clean up in a certain Catholic parish in Johannesburg, the police stormed into the church one day and found drugs hiding behind the terbanacle.

I gave up when a Nigerian asked by an immigration officer to step aside, was scolding the officer for delaying him and raining legal threats, “I know my rights, you can’t keep me this long”, only for the immigration officer to find that his documents had all been forged.

Once, on returning to South Africa from Nigeria I was with an old Yoruba woman who couldn’t speak or read English, her son in Pretoria had a newborn baby. She had been invited, they somehow succeeded in making her a passport and got her a visa. She couldn’t read anything or understand any information at the airport, so I helped her because my Yoruba is fluent.

When finally we reached Johannesburg the immigration officers had questions about some “strange” things in her bag. I told them those were cooking ingredients, I was the translator between her and the officers. Soon she became worried and whispered into my ear, “Eyi n di isoro. Fun won ni five hundred naira” (this is becoming a problem, give them five hundred).

“Won o kiin gba five hundred (they don’t accept N500”, I replied.

“Oya fun won ni one thousand” (then give them one thousand). She squeezed a wrinkled one thousand naira note into my hand. I told her they do not use naira here. “haaaaaah” her mouth opened. I expected that, I smiled.

Bribe is a Nigerian culture, even our old people believe it works, and that there is no other way of moving past an obstacle aside from bribe, there is no other means of progress asides bribe. Bribe is a Nigerian salvation.

Weeks later I had a Nigerian friend who was in dire need. He lived with me, he talked about his two million naira which he was expecting from Nigeria, with many proves of the availability of the money. So he borrowed six thousand rand from me.

My friend, it’s now more than two years, he never paid. He fled to someplace else and never returned my calls. I learned later he had borrowed also from a Kenyan who was our neighbor, and this neighbor kept asking where my ‘brother’ was. Until today he never paid, and it doesn’t prick his conscience.

It’s important for we Nigerians to ask ourselves serious questions. What is the most important thing to a Nigerian? What kind of factors in our childhood makes us desperate and dangerously competitive? Sometimes we are under the pressure of our parents and peers to “prove ourselves”.

When the average Nigerian travels abroad he doesn’t travel to merely make a livelihood. His plan is to outshine his peers. I do not find this common among South Africans. They’re usually satisfied, they just want to have what they need, they don’t kill themselves over what is beyond them.

The first time I had a drive to Durban with a senior brother from Mariannhill we saw a Nigerian suspiciously passing a tightly-folded bag from under the counter, then they made signs to each other, then he sneaked out. Another man entered and sneakily collected it.

The Zambian brother tapped my back, “drugs, they are your brothers”. The saddest thing is that those who choose to talk about this are attacked and bullied on social media, they are regarded as unpatriotic citizens. Because Nigerian morality ends with sex and marriage. Finished.

Talk about issues on human sexuality and you’ll see the bible-thumping Nigeria saying, “hellfire, Adam and Steve, weapons of the devil, it is not our culture”, but bribery is our culture. Everything else asides from sexual activity is survival, so it’s unofficially acceptable. Our mouths are sharp when HIV is mentioned, we often think we are very moral. What shall it profit a virgin who is a thief? Nigerian morality is faux.

“What is your brother doing in Malaysia?” “He is hustling”, that is all you can say. He’s just hustling. He comes back to Nigeria and does Thanksgiving and the priest blesses him with chasuble spread out. He pays his tithes and gives huge offerings, and his name is announced in church. But nobody notices that poor man at the corner of the church who is a gateman and gives his offering from the little he earned through honest work.

What is your brother doing in Dubai? You give random and vague answers: He’s trying to find something, we are praying he succeeds, please put him in prayer. You know that kind of prayer, right?

A South African Bishop once made a joke, “it is easier to trust a stone than to trust a Nigerian. You keep a stone on this table, you’ll still find the stone when you come back. Keep a Nigerian and come back later, the Nigerian is gone”. And yet we wonder why religious orders outside Africa are afraid of considering Nigerian applications. Our brothers who were admitted into American dioceses arrived at the airport and then ran away.

I visited a church in Johannesburg where I heard during the announcements that the guy who teaches the altar servers had been shot dead. A Nigerian. Later the circumstances surrounding his death did not match with a person who would teach mass servers how to serve Holy Mass.

It should make us ask questions about what we value the most as Nigerians: religion or integrity? Perhaps something is wrong with how we have been evangelized.

Back home in Nigeria, Nigerians who are not corrupt are seen as fools by their fellow Nigerians. Their wives mock them. Those Nigerians who studied abroad and now see the world differently, hardly ever come close to political offices in Nigeria, they just won’t fit in. And yet we love Jesus the most, we are the bastion of faith in Africa.

Do you know why your visa has been rejected many times? It’s because your passport is a Nigerian passport. Ask your friend from Tanzania, he’ll tell you how easy it is for him to get a visa.

Do you know why your admission into that European University is taking long? It’s because they’re still investigating your documents to be sure that they’re not fake. Ask your South African friend, he already got an admission.

Now that a new word has been added into the Oxford Dictionary “Nigerian Scam” (please google it) we can be sure that our position in the world is in the first place. Think Nigerian, but let it be that your reputation is important.

Identify as Nigerian, but make sure those who come after you are not denied privileges because of you. Because of those who represent us positively around the globe, because of the many Nigerians who work to earn their living, I am proudly Nigerian.

I am proudly Nigerian, because Pius Adesanmi was, Chinua Achebe was, because Anthony Cardinal Okogie is, because Chimamanda Adichie is, because Fela Kuti was, because of people such as Flora Nwapa, Ben Okri, Dora Akunyuli, Bishop Hassan Kukah, etc. There are many models you could choose from instead of adding to our dirty script. Save other Nigerians from stigma, be true.

Written by Dare Babarinsa who is a Renowned Journalist, Columnist, Historian, and Author.
…………….
Please, be a good Nigerian wherever you are.

Benin artifacts and the choice facing Robin Hood, By Azu Ishiekwene

•From top: Oba of Benin, Ewuare II; Gov Godwin Obaseki and Alhaji Lai Mohammed

When you find two people from the Benin kingdom talking these days, chances are that they are talking artifacts. That kingdom never ceases to amaze me with the mythical, almost perplexing rootedness of its people to the past, side by side with a modern, avantgarde spirit.

Not that bread-and-butter issues have disappeared in Bini talk. Or that safety and security are no longer a concern. It’s just that the news of the possible return of artifacts stolen from the Benin kingdom over 120 years ago has somehow displaced current misery, however temporary.

Yet, the conversation is also a statement of reckoning, an indication of how far the world has moved from Robin Hood, the decorated thief in English legend.

Part of the legacy of slavery and colonialism was that the spoils belonged to the victor. Humans were chattel, and artifacts, side menu. In the world of the marauders of the time, humans, animals and artifacts were part of the spoils of war.

Aborigines in North America and Australia; blacks in Africa and minorities in different parts of the world were victims of this travesty for centuries.

The world has come a long way since, yet the vestiges of that horrific era linger on. Not only in our memories but also in the private collections and museums of private and institutional thieves who keep making money and excuses at the same time, for delaying restitution.

The value of art stolen from Africa alone is worth billions of dollars by current estimates. But it is worth even more in spiritual currency. A BBC report three years ago quoting the New York Times, said, US art collector, Harry A Franklin, bought the Bangwa Queen, a wooden carving from Cameroon, for $29,000 in 1966. After his death, the artifact was sold for $3.4million.

At Sotheby’s, the famous British-founded American auction house, the Clyman’s Fang Head, a Gabonese masterpiece, was offered for sale at between $2.5 and $4million last year.

On a visit to Africa in 2018, French President, Emmanuel Macron, said while there were historical explanations for the theft of African artifacts, there are no valid justifications that are durable and unconditional. “African heritage,” he said, “can’t just be in European private collections and museums.”

But that’s precisely where they have been for centuries. Three years after Macron’s lip service, the plundered artifacts are still languishing in private collections and museums.

Macron is not the only problem. From ongoing discussions in Nigeria, the misery of pirated artifacts would be compounded not only by empty promises, but also by needless squabbles about provenance – their original home.


Nigeria is expecting Benin bronzes looted since 1897. Two senior German ministers told a Nigerian delegation on a recent visit to that country led by Minister of Information and Culture, Lai Mohammed, that the German government planned “a substantial” repatriation of the plundered artifacts. The Nigerian government is demanding, and rightly so, that the return should be “whole” and “unconditional”.

According to reports, the trove of looted items includes carved elephant tusks, ivory leopard statues, wooden heads and at least 900 brass plaques dating from the 16th and 17th century.

Reports also say that over 3,000 Benin bronzes stolen in the 19th century are marooned in Europe and the US. German museums are hosting nearly half of this figure.

The debate in Nigeria, especially among Benin folks, from whose homeland the artifacts were stolen, is not whether the loot should be returned, but to whose custody it should be returned. The house is divided against itself.

Edo State Governor Godwin Obaseki wants the artifacts back in the custody of the state government and has, in a subversive masterstroke, recruited the Oba’s son to press his case.

Obaseki, the private sector’s gift to public service, is brimming with ideas of how to make the artifacts speak in foreign currency, by bringing in hundreds of tourists. The suspicion is that his motive is to hijack the collection and privatise it as retirement benefit.

Ewuare II, the Oba of Benin, on the other hand, wants the artifacts returned to the palace, from where they were stolen; while Mohammed has said the priority of the Nigerian government is to have the artifacts on Nigerian soil.

Since the artifacts don’t speak or understand German, I’ve tried to establish in whose course history might deploy itself. The closest historical antecedent in support of the palace is the case of the Faberge Eggs, looted from the palace of Russia’s imperial family by Bolsheviks during the Russian revolution.

Around 2004 when Roman Abramovich was lusting after Chelsea Football Club in the UK, his counterpart, Victor Vekselberg, made a stake of $90million on the Faberge Eggs. The storied egg is an intricately woven treasure chest made of precious metals and gems including the Coronation Egg, containing the prototype of the coach which Empress Alexandra rode into Moscow in 1897.

Though Vekselberg did not say what he wanted to do with the collection, which is the second largest after those in the Kremlin, he said it was a redemption which captured the religious and spiritual essence of the Russian people. Since the revolution swept away the Russian imperial family, we cannot say what might have been the family’s disposition towards the retrieval of the Faberge Eggs.

The point is: its recovery was an investment by a Russian oil sheikh. What he has done with it is nobody’s business.

When countries have been involved in negotiations for the return of plundered artifacts, however, the records suggest that they’re returned directly to the country of origin, first of all.

Eight years ago, when The Boston Globe reported that eight artifacts, including a wooden ancestral figure stolen from Oron, Southern Nigeria, were being returned from the Boston Museum, the objects – including the wooden figure – were apparently returned to the Nigerian museums. I’m not sure the “Ahta Oro”, the paramount traditional ruler of Oron, made a case for provenance.

Similar repatriations by the US, Australia and the UK to India were received by the country, not by private individuals or the domains from where they were plundered. The Netherlands did the same with the stolen antiquities of Indonesia, returning artifacts dating back to 5000 B.C.

It would appear though that once pirated collections have been returned in certain jurisdictions, a valid case can be made for repatriation to the crime scene.

In the US, for example, the Native American Graves Protection and Repatriation Act is a federal law passed in 1990 that provides a process for museums and federal agencies to return certain Native American cultural items, such as human remains, funeral objects, sacred objects or objects of cultural patrimony to lineal descendants.

Australia has no laws directly governing repatriation, but a government programme exists that returns Aborigine artifacts. Sweden returned the totem pole stolen by a Swede from Canada to the community of origin; while Italy returned the magnificent sixth-century krater to its place of origin in Rome after a period of loan to the national museum.

From the time of Erediauwa, the father of the current Oba, the Benin palace has invested in and campaigned vigorously for the return of pirated artifacts. The governor should not give the impression that he wants to reap where he has not sown or that he is desperate to have the collection as another set of trophies on his front desk.

It would appear that the disagreement between the palace and Obaseki’s Osadebey House over the artifacts is a continuation of war by other means. In last year’s governorship election between incumbent Obaseki and his challenger, Ize Iyamu, the palace barely disguised its preference for the latter.

For Obaseki to win the election and on top of that also strive to become the curator of priceless objects stolen from the palace, possibly with the assistance of his forebears, is understandably too much for the Oba to bear. Unfortunately, the governor’s winner-takes-all politics is re-echoing concerns that he could still be possessed of the subversive spirit that aided and abetted the plundering campaign of the Benin kingdom.

The parties must close ranks. They need to work with Abuja first, to develop a cultural preservation programme, and then to recover the artifacts as quickly as possible to their ancestral home. There’s nothing more a reluctant Robin Hood would love than a house divided against itself.

Strife and irreconcilable differences among members of the elite would suggest that the stolen artifacts might indeed be safer in exile.

Let’s bring the artifacts home, where they belong.

•Ishiekwene is Editor-In-Chief of LEADERSHIP

Governor Mai Mala Buni As APC Interim Chairman, A Nullity Ab Initio

By Akintayo Balogun Esq.

The news of the victory of Governor Rotimi Akeredolu at the Supreme Court in respect of his re-election as governor of Ondo State, must have been received with great joy and enthusiasm, most especially as it was a split judgment of four to three. It was just the decision of one Justice that would have turned the tide against him, but he was “lucky” to have escaped the hammer, caused by political carelessness and lack of regard for the supremacy of the Constitution of the Federal Republic of Nigeria as well as party Constitution. The Supreme Court, in a split decision of four to three had dismissed the appeal filed by the governorship candidate of the Peoples Democratic Party (PDP), Eyitayo Jegede against the election of Governor Rotimi Akeredolu in the Ondo State governorship election. Being a judgment that involved a Constitutional issue, a panel of 7 Justices of the Supreme Court sat over the appeal as aginst the usual 5 Justices. While four out of the seven-member panel of justices of the apex court dismissed the appeal, three of the Justices, including the presiding justice, Mary Peter-Odili were of the view that the appeal should be allowed.

The saving grace of Governor Rotimi Akeredolu according to the lead judgment as delivered by Justice Emmanuel Agim was that although Mai Buni, the executive governor of Yobe State, cannot act in the capacity of the acting National Chairman of the All Progressive Party (APC), the failure of the Appellants to join him, who is at the center of the main issue as a party in the suit, was very fatal to the action and rendered the appeal incompetent.

While dissenting on the lead judgment, Justice Mary Odili, Justice Eko and Justice Ibrahim Saulawa held to the contrary. In their dissenting opinion, they referred to Section 183 of the Constitution of the Federal Republic of Nigeria, which provides thus:

“The governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever.”

Mai Buni, being the sitting governor of Yobe state, should not hold any other position while his tenure as governor lasts. The dissenting justices, specifically, Justice Mary Odili had relied heavily on this provision to invalidate the letter presenting Rotimi Akeredolu as the governorship candidate of the APC for the Ondo gubernatorial election to INEC and stated that the said letter had no value and same should be ignored. Justice Eko, on his part, held that the APC cannot violate or cause any of its members to violate the Constitution and added that when there is a principal, there is no need to sue the agent. That is, since APC was already a party, the issue of adding Mai Buni was not necessary. He further held that the APC cannot act in impunity to either its Constitution or the Constitution of the Federal Republic of Nigeria, he held and allowed the appeal. Unfortunately, a dissenting opinion remains a dissenting opinion and cannot be the law, although the principles remain trite and can be referenced.

Incidentally, though surprisingly, even the constitution of the All Progressive congress prohibits a person from serving as a party officer at the same time as in government. Article 17(iv) of the APC constitution provides thus:

“No officer in any organ of the Party shall hold executive position office in government concurrently”

Why then will the APC in blatant disregard to both the Constitution of the federation as well as its own Constitution, appoint serving government officers as officers of its party? Is the party so starved of worthy members?

The split decision of the Supreme Court is an eye opener to many and especially to the APC if they will learn from this. The only thing that probably saved APC and Akeredolu is the failure to join the APC Caretaker Chairman as a party in the suit and nothing more. However, the sanctity and supremacy of the Constitution of the Federal Republic of Nigeria, must not be taken for granted. The Constitution is the grundnorm of the Federal Republic of Nigeria. It is the Supreme Law of the land to which all other laws and legal norms (including constituted authorities) must conform. Where there is any inconsistency between the Constitution and such other law, that other law to the extent of its inconsistency shall be null and void and of no effect whatsoever, to the extent of the inconsistency. Same rules applies that where there is an appointment, inconsistent with the Constitution, such appointment shall be null and void and of no effect whatsoever. To buttress this point, Section 1 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended in 2011) provides thus: –

“If any other law is inconsistent with the provisions of this Constitution, the Constitution shall prevail and that other law shall to the extent of the inconsistency be null and void.”

See also A.G. Fed. v. Abubakar & Ors v. Abubakar & Ors (2007) LPELR-3(SC). The Constitution is an instrument of Government, embodying fundamental rules of any nation. It establishes and regulates the structure of a country, it regulates the powers and functions of the Government as well as states the rights and duties of individuals in a given society. It regulates the relationship of the various arms of Government and between Government and the people. It stipulates the procedure for administering the public affairs of a country and outlines modes of change of the Government as well as procedure for Constitutional Amendment.

This judgment opens up a lot of issues lying quietly and must be cleared immediately if the party must remain relevant in the Nigerian polity. The import includes but not limited to the following:

If Buni had been joined as a party in the suit, the judgement would have been in favour of Eyitayo Jegede, SAN and PDP, except if the Justices again find another escape route for the Respondents. It would have been another judgment from the Supreme Court and not majority of the electorate.
Every activity(s), duty(s), task(s) and responsibility(s) of the Caretaker (interim) Chairman from inception of his duty as caretaker, to the day he hands over to a substantive chairman or to another caretaker chairman, is rendered a nullity and of no effect once “properly” challenged.
This judgment may as well affect the Anambra election, in the event that the election is in favours of the APC and any other election within the period in which Govenor Buni has been acting.
Within the next few months following this judgment, chains of suits will emerge, surrounding the continued stay of Governor Mai Buni as interim Chairman of the party or surrounding the activities, tasks, duties and responsibilities implemented during his stay as APC interim chairman.
In conclusion, the sanctity of the Constitution of the Federal Republic of Nigeria as well as the APC Constitution, must be upheld with immediate effect. The party has everything to lose if it doesn’t take immediate steps to correct the blunder made in appointing a serving Governor as its interim or caretaker Chairman.

Whatever APC does, in whatever transaction it may be, as long as it has the handwriting of, or as long as Buni remains the caretaker Chairman of the party, it is a nullity ab initio. The earlier the party organizes itself, the best it would be for the party.

Akintayo Balogun Esq., LL.B (Hons), BL, LL.M, is a legal practitioner in private practice and based in Abuja, FCT. A prolific writer, public affairs analyst and commentator on national issues, [email protected].

Super cop or cop for hire? — By Moses Ochonu

Professor Moses Ochonu

It turns out that the so-called Super Cop, DCP Abba Kyari, who is actually a photo cop, a showy policeman known more for his photo ops and vainglorious PR stunts than for his investigative exploits, is an excellent pretender.

The man already stands accused of appropriating for himself multimillion Naira properties of crime suspects, but now we know from FBI and US Justice Department charge sheet/report that Kyari collected a juicy sum in US dollars from jailed fraudster, Hushpuppi (Ramon Abbas), to arrest and detain Hushpuppi’s criminal associate who ruined one of their deals when he fell out with Hushpuppi and ratted him out to his victim.

In Nigeria, things are not always as they appear, and there is too much packaging. Some of those who perform probity and competence on the national stage are often the most corrupt. The performance is intended to mask and compensate for their shady dealings.


This is just from Hushpuppi o. Who knows how much Kyari’s friends MC Oluomo and Obi Cubana have given the so-called super cop.

Who knows if he’s on the take of other fraudsters in the mold of Abbas and if so how much each fraudster advanced him as protection and fixer fee.

They retained and vigorously defended defended a terrorism proponent and preacher, even saddling the terrorism-tarnished minister with more sensitive responsibilities. Let’s see what they will do with and to Kyari.

ELECTION LAW BULLETIN
The 4 over 3 narrow escape of Governor Akeredolu in Supreme Court and impending near death of APC– P. D. Pius

It is no longer news that the Supreme Court by a narrow split decision of 4 Justices against 3 decided to save Governor Akeredolu’s seat.

In simple terms the law Lords decided that Governor Akeredolu cannot be removed as Governor of Ondo State. The linchpin of the case is that the current Chairman of APC who doubles as Governor of Yobe State is not allowed by the Constitution to hold such two offices. It is unconstitutional. Thus, an unconstitutional Chairmanship cannot produce any valid product or valid nomination of Governor Akeredolu as candidate of APC in Ondo election. This is based on section 183 of the Constitution of Federal Republic of Nigeria.

The little technical point that saved Gov AKEREDOLU was that Jegede failed to join GOV. Mai Mala Buni in the suit. It was a narrow escape. It was very slim. As slim as the skin of teeth. It may never ever be so in next elections or APC party activities for obvious reasons.

The lame argument that Mai Mala Buni cannot be joined in subsequent suits because he has immunity is the biggest joke I have ever heard. The law permits that Governor can be sued in certain circumstances. This is one of them. We have a whole opinion on this.

The competence and validity of all actions, decisions and activities carried out by APC through the Buni-led CECPC to organise the Congresses and National Convention and future elections now hangs on the balance. In a hausa slang any small “kiris” will squeeze life out of APC and it shall be no more totally loosing out in the whole country as it did in Zamfara before the rebirth of Governor Matawalle. The simple legal principle is that an illegal and unconstitutional party structure cannot produce or give birth to a legal or valid nomination. It is like a goat cannot give birth to lion.

I see many court cases in the offing if APC does not look itself in the mirror to redress itself before the horse bolts out.

Law to Remember
You cannot put something on nothing and expect it to stand. UAC vs MCFOY

P. D. Pius, Esq
Abuja, Nigeria
[email protected]

A word to New Lawyers

-P. D. Pius, Esq.

I want to advise you. I know my advice may be useless to the wise because they are already wise. It may also be useless to fools because they may not take it. However, I feel strongly the need to warn that the legal profession is heading towards the path of self-destruction unless new lawyers like you make a difference.

During your call to bar, many lawyers in large number were also called. The question that may confront you is how to compete for scarce jobs or opportunities or clients in order to smile to the bank or make ends meet. There are some lawyers who think that there are no jobs for lawyers and there are too many lawyers in Nigeria.

I want you to know that there are lawyers who know their onions and their are lawyers. I have a strong feeling that, there are few competent lawyers in all fields including Litigation, Property Law, Estate, Family Law, Immigration, Space Law, Intellectual Property or even my darling Election Law to cite a few examples.

It is very hard to meet a lawyer whose practice will marvel you with show of amazing skill, competence, knowledge and professionalism. 70-80 % of lawyers I have met are well below average in terms of quality of service. Please do not be below average. Whatever you choose to do, be a master of the game. Horn your skills and be the best. It is said that when men stand, be outstanding and when men are outstanding, then be the standard.

I feel very strongly that if we increase our quality of service, we will soon realized that there are few lawyers in this country. It is because we are not serving well, that is why we are not in high demand. Consider your service as a product in market. Ask your self, how will my service add real time value to my client? How efficient is my service? How fast can I offer a legal solution to my clients. It is not about sheer legalism without adding real value to the society. Most of us have lost sight of our ultimate social purpose as lawyers, which is to offer the service of justice delivery and add real time value to the society. Do not join those lawyers who are killing the profession with delays and other unwholesome Practices in justice delivery to the detriment of the profession as a whole. I will give you examples.

Most defence lawyers engage in delay tactics. Worse is that even some Plaintiff or prosecution lawyers are culpable. There is a matter in my hand now that the Plaintiff is not serious at all. For 4 years he has failed to open his case. A litigant who goes to court to recover N500,000 may end up spending 250,000 litigating and the case could last for 2-3 years before it is concluded. After waiting for this long, the case can be dismissed on one technical point or the other. What value has he gotten. Even in a rare case that he wins, the lawyer Judge will award no cost of litigation or a paltry N10,000 cost. I mean! What value has been gained? So how do you expect this litigant to brief another lawyer about another case next time? Or even refer someone else to a lawyer? He will go home feeling that lawyers can’t provide him with solution. So he looks for alternatives like police, efcc, self-help, etc. So do not join those who offer poor Services and thereby drive away the confidence of the society to continue to patronize lawyers.

Have you wondered why police are doing civil debt recovery everyday despite numerous decisions of Court against it? It’s because our service as lawyers is ineffective and someone must fill that gap. I have read some legal documents poorly prepared by lawyers and I am amazed how poor our service is getting day by day. It is common these days to see a poorly drafted legal document flying in the media space for fun. Hausa man will say “Haba!”

Clients cannot continue to patronize us simply because the law says a work should be done by lawyers or court. No! That is not how market works. Clients are looking for satisfaction within the confines of the law. Most of our practices do not add any real time value to clients. The legal profession must look at itself in mirror and redress otherwise in no distant time there will be no work for all lawyers. The solution is with you the new wigs. Do not join those destroying the profession. Most senior lawyers are already comfortable in life or have few days left of life. It is you that will inherit a profession without jobs if you destroy it. So never lower your guard. Do not compromise standard. Do not put your name on a process or document not worthy of a lawyer. Do not sacrifice standard and professionalism for a plate of soup. Do not sell your birthrights.

The simple question I ask you is this, are we effectively serving the purpose for which the profession is established by the society? If your answer is no, the society will replace us. That is certain to happen unless halted. It’s beyond our individual feeling of success in delaying justice delivery service for whatever reason we can lay hands on. Today, the 29th day of July 2021, a supposed old lawyer told me to my face after Court that she will make sure she delay my case by filing frivolous objections and appeals. Two of my juniors were listening to her. I was marvelled. I wondered what has happened to the ethics of the profession.

What has happened to the ethical rule that your duty is to stand up for justice and not to delay a case or harass your opponent with Court processes you know are frivolous, baseless or vexatious?

There are numerous other examples in several other areas of Practice. Whatever you choose to do with your call to bar certificate, please do not join those embarrassing the legal profession with poor, unproductive, unqualitative and unprofessional Services.

Be a light that shines bright before those coming after you. Aspire to leave the profession better than you met it. Create legally acceptable solutions. Think outside the box. The writ of summons, originating summons etc that you have learnt are someone’s invention. So develop the law towards efficient, just, speedy and affordable justice delivery. Do not join those destroying the profession.

Add value and you will receive even more value. Finally, I believe that whatever you cannot do very well for free, you cannot do it for money. It sounds stupid to think I was doing Election cases for free until someone I served very well for free referred to me my first six digits brief. Don’t do do anyhow because it’s pro bono. Always keep standard. See you in court!

P. D. Pius, Esq
Abuja, Nigeria
[email protected]

2023 Election Law Bulletin: how to save Nigerians by CVR

By P. D. Pius

Should we walk together or walk our separate ways? We can answer this question when we begin to pay attention to political activities in Nigeria. One important activity is the Continuous Voter Registration (CVR) exercise that will soon commence. I understand it will start in this June, 2021.

When you look at the pains, poverty, suffering, insecurity and lots of other problems bedeviling Nigerians, you will agree with me that standing by without active participation in political activities is a great disservice oneself. So what can you do?

It is better to attempt and fail than do nothing. Merely complaining or criticizing or condemning will not help either. If you feel pained by the current happenings in Nigeria then let your anger move you to take legal action. I do not mean filing a court action. By legal action, I mean what is permitted in law as a legitimate means of turning things around or enthroning a descent government with love, care and respect for the citizens. It could even mean electing leaders under a pact that they will legitimately split us into two or three or more autonomous unit upon emergence. This legal action of participation in politics start with Voter Registration.

Section 9 of the Electoral Act, 2010 (As Amended) empowers the Independent National Electoral Commission (INEC) to register voters. Only registered voters are allowed to vote or determine the destiny of Nigeria for the next 4 years. The saying that democracy is a game of number is not correct in Nigeria. Instead, our democracy is a game of registered voters. Take this to heart and thank your gods later.

If you do not register to vote, you are as well giving your note of approval to those who participate to decide your fate or destiny and that of your children, siblings or other relations. Let me make some interesting revelations to you.

Under the law, there are no voting blocks or regions or states or areas. All Nigerians are allowed to register and vote any where in Nigeria. Section 12 of EA and other laws in that regard allows you to register anywhere. All that is needed is that you are a citizen. That’s all. In like sum, the Constitution allows all Nigerians to contest election in any state of his choice without restriction to the question of state of origin. This means that an Igbo man can mobilize enough voters to register in Kano, contest in Kano and be Governor of Kano if he likes. In same token, a Fulani man can mobilize enough voters to register in Enugu, contest in Enugu, become Governor of Enugu if he so wishes.

Thus, the argument that a certain part of the country or people is favoured is not a result lacuna in law but political apathy or lack of proper legal guidance to appreciate the beauty of our Electoral laws. In other words, the law permits the possibility of all Senators of Nigeria being elected from a particular ethnic group or different ethnic groups depending on the choice of voters or political aspirations of Nigerians. Yes!

To make a change within the context of the law, you can register anywhere and contest anywhere without any let or hindrance. There is no legal restriction. Only you is restricting your self.

Law to Remember
Any Nigerian can register to vote in any state, contest for any position in any state once he is of age without any legal restriction. S. 12 of EA.

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P. D. Pius, Esq.
Abuja, Nigeria
[email protected]

Fashionable Bias

Sunday Igboho

By Olakunle Abimbola

The Igboho debacle: fugitive from Nigeria to detainee — or worse — in Benin Republic, just echoes the oft-quoted Karl Marx quip that history repeats itself, first as tragedy, then as farce.

Sunday Igboho recalls the much more refined Anthony Enahoro, who bolted from Nigeria, to the United Kingdom, to escape the celebrated treasonable felony trials, that involved the great Chief Obafemi Awolowo and his political disciples in 1962.

But Her Majesty’s government repatriated Chief Enahoro to Nigeria to face trial. The late Ishan chief, and fine Nigerian nationalist and patriot, captured this high-octane drama in his political odyssey, Fugitive Offender.

Well, we have another fugitive offender in Igboho, who evaded DSS arrest in Nigeria, only to land in gendarme cells in neighbouring Benin.

But unlike the original, who faced no wrap of UK passport forgery or racketeering, Igboho, the neo-fugitive offender, was arraigned in a Cotonou, Benin, court for alleged immigration offences, though his lawyers claim that reportage is incorrect. Talk of history repeating itself, as tragedy and farce!

Still, since it is crass to kick a man who is down, let the Igboho supporters avail him of the best legal representation. The case, after all, is before a Benin court.

But fashionable bias, which spurred the Igboho debacle, from the heroics of Igangan, to impassioned Yoruba nation activism, and now to a Benin Republic gaol, merits fair and legitimate discourse, however the Igboho matter is resolved.

Fashionable bias! That bug bites not a few and brings out the worst in most!

The other day, the Blessed Father Kukah, Catholic Archbishop of Sokoto, stacked his cards, in a virtual discourse, with the US Congress.

As part of his explosive offer, he claimed bandits and terrorists solely target and kill Christians — a clear untruth that has sent the federal authorities howling.

To be clear, these free-wheeling criminals make absolutely no discrimination: not on faith, not on creed, not on tribe. Indeed, if their bulk are northern Muslims, so are their victims, particularly in the killing fields of the North West and some parts of North Central — and the earlier the security agencies wipe out these brutes, the better for everyone.

But to the holy ranks on the Archbishop’s side, even if he told a lie, it would be the sacred lies of Father Kukah! The HURRIWAs of this polity, and a lobby that calls itself the Catholic Bishops of Ibadan Ecclesiastic Province, have already received that bishopric untruth with full rapture, even if the truth is badly ruptured!

It’s the spiritual — and temporal — strain of fashionable bias!

Still, in Kukah: between the fiery archbishop playing the immaculate arbiter on the national turf and the southern Kaduna boy oozing the bitterness of ancestral feud and politics, it’s clear, to the acute mind, who is trumping who! The poet is right: the child indeed, is the father of the man!

The other day too, a pro-Igboho Yoruba monarch from Kwara, reportedly swore Buhari — favourite demon, in the coven of the biased — was oppressing and persecuting the Yoruba. So, the Benin authorities shouldn’t extradite Igboho to Nigeria.

Well, anything goes in propaganda, except that this royal(?) fib is concrete mirage that can’t be sustained with facts or logic — except, of course, the monarch now blames PMB for the Ilorin Yoruba-Fulani ancestral feud, which dates back to the 19th century Afonja-Alimi saga.

But let’s even interrogate this “persecution”. A Yoruba man is No. 2 in the government; and the dominant alliance, that birthed it, is South West-North West.

But leave politics and offices aside. The Lagos-Ibadan corridor now boasts modernized rail, linked to the Apapa, Lagos Ports complex, that could spur movement of passenger and cargo, thus giving the economy a healthy jab in the arm. Also, the Lagos-Ibadan expressway is receiving due attention. At the Berger, Lagos end, just after the long bridge, still stands spicy deceit from the past: an Obasanjo-era signboard “threatening” to fix that expressway, but never did! No Buhari billboard in that vicinity right now, but the roads are getting fixed anyway.

Obasanjo never crowed about his “Yoruba-ness”, it’s true. But he bears a Yoruba name; and he wasn’t shy about dismissing Lagos as a “jungle”, to sate the regnant partisan temper of his day.

Yet, a Fulani “oppressor” is fixing decrepit, long-abandoned roads all over Obasanjo’s “jungle” — not only in Yorubaland but all over, using Babatunde Fashola, another Yoruba son, as his workaholic foot soldier-in-chief — but all folks warm up to is some Buhari-driven, Fulani hate theories! Talk of a vicious strain of fashionable bias!

For the first time in Nigerian history, this same government is planting core progressive policies at the centre — pro-poor policies and programmes that could have warmed Chief Awolowo’s heart: feeding poor kids in schools nationwide to boost school enrolment, conditional cash transfers to the most vulnerable, credit to the lowest and humblest of micro-trades, giving farmers a fairer deal.

Indeed, as the hate campaign deafens, Atiku Abubakar, Obasanjo’s Vice President, has quietly purloined Buhari’s conditional cash transfer policy — he must have seen its great impact on the helpless and the nameless — rebranded it “Atiku Youth Empowerment Funds”, and called on would-be beneficiaries to access N10, 000 weekly — a scheme his roller coaster presidency, with Obasanjo, never dreamed of!

But lo! In this high season of fashionable bias, you must be blind to all that, as fevered optics must trump cold facts! Still, it’s a costly mirage that would come back, in due course, to haunt its pushers, misleading the unwary and excitable millions.

Yes, dire insecurity hobbles Buhari: for the killing spree, by some herder criminals, continues to push a theory of a Fulani militia, sworn to gobbling up the rest of Nigeria.

And yes: there are some Fulani hegemonic extremists, mouthing lunatic screeches. But if this ethnic cleansing theory is regnant — or even true — how come most of the killed, maimed and sacked are in the North West, bastion of the Fulani themselves?

Not from the South East? Not from the South West? Or even from the North Central, where you have a long history of no-love-lost, between Fulani herders, and native communities; and of Christian/Muslim tension?

Could it then be a case of out-and-out criminals? If so, why not de-link wherever they come from, and tackle crime as crime?

But no matter! The president must be the fall guy-in-chief, simply because of his Fulani stock. That must also automatically translate into the president as criminal-in-chief; and, to elite job hustlers, nepotist-in-chief, who must be demonized to no end!

Such fevered optics goaded Igboho into becoming a zesty battling ram — his elite backers cheering from the safety of their homes — until he batted himself into trouble.

Those who traduce a Fulani president, for the crime of a Fulani few, had better brace themselves for what to come. What goes around, after all, comes around.

Soon an Igbo or Yoruba president would birth — and those who sow the wind shall reap the whirlwind!

TIPS