Category: Opinion

  • Opinion: Transforming Enugu State through Ekweremaduic Binocular

    Opinion: Transforming Enugu State through Ekweremaduic Binocular

    By Dr. Benjamin Okorie Ajah (Esq.)

    “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands in times of challenge and controversy” (see Martin Luther King. Jr.). It is no longer news stating the series of bilious campaigns that greeted the 2023 governorship declaration of Distinguished Senator Ike Ekweremadu. His 2023 governorship declaration elicited several fluids of campaigns and unhealthy ballistic opinions that many lovers of the state are worried that political saprophytes in the state are cementing their place in the state’s rock of leadership.

    The thrust of their grouse is that it is not the turn of Enugu West Senatorial Zone to produce the next Governor of the State due to their claimed unwritten zoning arrangement. However, none of his critics and traducers have questioned his capacity to redirect the ship of the State from its current apocalyptic state to developmental nirvana the citizens of the State are craving for. Unfortunately, rather than presenting their credentials and plans on how to save Enugu State from its present cataclysmic condition, they are bilious in their watery attacks and claims.

    Aside, many lovers of the State will agree that as a State, Enugu is seriously battling with series of issues ranging from unemployment, kidnapping, herdsmen terrorism, armed robbery, ritual killings, boundary issues, unknown gunmen attacks, murder, arson, separatist agitations and etcetera. And given to the present issues troubling the state and desire for transformative leadership, it is time for the lovers of the state to resolutely stand to challenge the political saprophytes in the state who think the state belongs to them.
    And to rid ourselves from these developmental manacles and shackles, we urgently need the Midas touch of Senator Ike Ekweremadu or what I call; “Ekweremaduic binocular” to transform the State. This is because the pedigree of Senator Ike Ekweremadu shows that he possesses the empathetic knowledge and systemic approaches to steer the ship of the State and put the State in its rightful developmental path.

    Furthermore, since being led by a purposeful, visionary, competent, empathetic and effective leader is urgently needed to put the state in its rightful place, we have no reason not elect Senator Ike Ekweremadu as the next Governor of Enugu State comes 2023.

    It is often said that doing the same thing over again and expecting different results is insanity. Hence, as the 2023 governorship election approaches, it would be insane to re-elect political saprophytes that have put the state in lachrymose and distressful conditions. We can only attain progressive and modern state by electing a transformative, creative and innovative leader of which the proven qualities of Senator Ike Ekwemeremadu showcased.

  • Opinion: 2023- All eyes on Ugwuanyi to anoint successor

    Opinion: 2023- All eyes on Ugwuanyi to anoint successor

    Opinion: 2023- All eyes on Ugwuanyi to anoint successor

    By Chukwudi Nweje

    Politics is in the air. The gladiators and power brokers are already in the field. With the next general elections fast approaching, they are deploying and inventing all manner of strategies to secure expected political mileage.

    As it appears, in 2023, Nigerians are going to witness the mother of all elections. The gloves of many politicians are already off. For the majority of the players, the end justifies the means.

    In Enugu, the Coal City state, the atmosphere ahead of next year’s general elections is not different. The political temperature of the state is rising by the day. It is more so in view of the anxiety over who the state governor, Dr Ifeanyi Ugwuanyi would nominate as a successor.

    So, barely a year to the conduct of the general elections, political actors across the divide are already warming up to slug it out even though leaders of Enugu appear to have agreed that the governorship position will be zoned to Enugu East Senatorial District. This development is in line with the existing zoning arrangement that was introduced in 1999, when Senator Chimaroke Nnamani stepped in as governor.

    Following the tradition when the Fourth Republic started, every Enugu State governor usually determined his successor. And from all indications and knowing the political sagacity of the governor, there is no iota of doubt that he also would definitely determine who would take over the mantle of leadership of the state on May 29, next year.

    But despite the fact that everyone knows that Governor Ugwuanyi would soon anoint his successor, many would agree that in Enugu today, all politicians including the major power brokers are wallowing in confusion. Why? None has been able to interprete the body language of the governor with regards to his choice for successor. Despite the effort by many of the gladiators to push Governor Ugwuanyi to make a commitment, he has remained mute on the issue of succession.

    Perhaps the only clue to his mindset is that from his few utterances, he has made it clear that his administration would not truncate the concept of zoning which has led to the peaceful transition of power in the state.

    The governor has not hidden his disposition to handover power to a candidate of the Peoples Democratic Party(PDP) from the Enugu East Senatorial zone. The Fourth Republic started with Governors Chimaroke Nnamani(Enugu East) to Sullivan Chime(Enugu West) and now Governor Ifeanyi Ugwuanyi(Enugu North).

    Following the tradition, the expectation of the majority in Enugu is that power is going to Enugu East this time. So far, only the former Deputy Senate president, Prof Ike Ekweremadu is the only aspirant outside Enugu East that has declared his interest for the Lion Building. He and his supporters are kicking against zoning in the Coal City state to secure his ambition to rule the state.

    But followers of the politics of Enugu State believe that power will berth in Enugu East in 2023 and Governor Ugwuanyi will be the ultimate decider of his successor. So, all eyes are on the governor who, many believe, is a master in the game of politics. The question on the lips of many is: “ who will Governor Ifeanyi Ugwuanyi anoint in 2023?

    Surprisingly, last week, some politicians flew a familiar kite that the governor has endorsed Peter Mbah, one of the leading Enugu guber aspirants as a successor. The story had it that there was jubilation in Enugu by Mbah’s supporters on hearing the news which circulated when the governor was in Abia State for the PDP governors meeting.

    But for many critical observers, the intention was to arouse the anger of the Enugu Governor and put Mbah in a disadvantaged position and as well portray him as a desperate politician who is in a haste to take over power. The whole idea in the estimation of observers is to weave a narrative that a man who is genuinely interested in presenting himself in the service of the people would not be so desperate to announce himself as the governor designate without proper recognition by the man currently at the helm of affairs in the state.

    But one of Mbah’s supporters and former member of the House of Representatives, USA Igwesi dismissed the story of endorsement saying it is the handwork of detractors who want to set him up with the governor.

    The former majority leader said Mbah beleives so much in the main political structure in Enugu State headed by Governor Ugwuanyi. He said that anyone familiar with Mbah would attest that he is a perfect gentleman who is not desperate for anything in life.

    Igwesi said for instance that Mbah has no signboard of his governorship ambition anywhere in the state.

    “Peter Mbah is an easy going person whose passion is to do good to the society. He is not the type of person that would like to have any problems with the governor and he knows very well that Governor Ugwuanyi has the ultimate power to anoint his successor?

    But why is Peter Mbah a factor? He is a Nigerian professional and businessman with over 28 years experience. He has a long track record of entrepreneurship, characterized by iconoclasm, which has driven him to continually question the status quo in every industry he has found himself.

    Mr. Mbah’s experience cuts across various sectors and activities including, Import trade, oil and gas sales and distribution and maritime logistics. He also has his footprints on the sands of public service, having served as the Chief of Staff to the Enugu State Governor and Commissioner for Finance and Economic Development of the Enugu State Government.

    His Quest for continuous growth and empowerment has seen him through the completion of a Chief Executive Programme at the Lagos Business School, after which he bagged an MBA from IESE Business School, Barcelona Spain. He holds an LL.B in Law from the University of East London, and an LLM in Maritime Law from the University of Lagos. He is also a Fellow of the Certified Institute of Public Administration and Management (CIPM).

    As diverse as Mr. Mbah’s career has been, its consistent underpinning factor has been his passion for excellence, integrity, corporate governance and the perpetual search for knowledge.

    (Sun)

  • Opinion: Edeoga, Head the cap fits

    Opinion: Edeoga, Head the cap fits

    Opinion: Edeoga, Head the cap fits

    By Ikenna Onah, PhD

    For Hon. Chijioke Edeoga, he embodies the American author, John. C Maxwell’s idea of a leader: “A leader knows the way, goes the way and shows the way”.

    The above find a nexus between the growing need for him to contest Enugu’s 2023 gubernatorial election and his qualifications, competence for the governorship position.

    Arguably, Hon. Edeoga stands out in the galaxy of governorship hopefuls that have so far indicated interest to succeed His Excellency, Rt. Hon.Ifeanyi Ugwuanyi.

    Chijioke is well educated. He holds a Bachelor of Arts Degree from the University of Nigeria, Nsukka and a Bachelor of Law Degree from the University of Buckingham, United Kingdom and was called to the Nigerian Bar in 2007.

    He also holds Masters in Law from the prestigious University of London in the United Kingdom.

    Edeoga was sired and bred by a father, the late Jonathan Edeoga, who dominated his environment education-wise. It wasn’t therefore, strange that he gave his son a solid, quality education.

    Chijioke is suave, soft-spoken, possesses a calm mien and has a lovable personality with an electrifying presence.

    His rich academic resume and uncanny public service experience spanning three decades make him the knight in the shining armour for Ndi Enugu.

    One doesn’t have to be clairvoyant to tell that Enugu is in dire need of fresh breath to consolidate on gains of Ugwuanyi’s eight-year reign.

    And who will bail the cat?

    Ndi Enugu, we need not look too far. The solution we seek is here with us. Edeoga is the solution. Here is a young, energetic, urbane, cerebral and unassuming yet well-wired politician who is tested and proven.

    He is not coming to learn on the job for Chijioke has over the years garnered all the administrative and political experiences required to govern a sophisticated state like Enugu.

    This can be gleaned from his performance when he kick-started his political career 30 years ago as the Press Secretary to the former Governor Okwesilieze Nwodo, his stewardship as the elected chairman of Isi-Uzo Local Government Area of the state and his superlative legislative performance as a member of the House of Representatives.

    Chijioke’s competence and qualification as Governor also verge on his robust exposure to the nitty-gritty of governance.

    For example, he was an Adviser on Legislative Matters to the then Deputy President of the Nigerian Senate His Excellency, Sen. Ike Ekweremadu.

    And later was appointed Special Assistant to Former President, Goodluck Ebele Jonathan, on National Assembly Matters.

    Chijioke, for the love of Enugu, would later serve the state as Commissioner for Local Government Matters from 2015 to 2019 and was re-appointed as Commissioner in the Ministry of Environment in 2019.

    Edeoga is a grassroots mobilizer and connects seamlessly with the people. He wears the Enugu shoe and knows where it pinches the people.

    Chijioke Edeoga is a thinker who thinks outside the box, a visionary and purpose-driven leader.

    He rises above the fray to stamp competency and accomplishment in all the positions he has held.

    As a spokesman of the House of Representatives, Edeoga spoke the language of service delivery, coming across as a man of unadulterated zeal for enduring positivity, one who is adequately prepared to apply himself to any task he is saddled with.

    A lawyer, journalist, parliamentarian and philosopher-king, Chijioke is unassuming and was never magisterial in exercising the functions of all the political offices he has held. Rather, he has been effervescent and self-effacing in the discharge of his official duties and dealings with the public.

    It will be a great disservice to Ndi Enugu, whether you are from Obollo Afor or Udi or from Awgu or Akpugo or from Nsukka, if Chijioke fails to deploy his fecundity of ideas and repository of leadership acumen to the service of our dear state as Governor come next year.

    It, therefore, behoves on all of us, with the interest of Enugu at heart to pressure Hon.Chijioke Edeoga to throw his hart in the ring. Indeed, the Edeoga option is the way to go, it is the best for Enugu.

    Ikenna Onah (PhD) a Public Affairs Analyst

  • PDP should forget zoning, give ticket to who can win election: Tambuwal

    PDP should forget zoning, give ticket to who can win election: Tambuwal

    Aminu Tambuwal

    Sokoto Governor, Aminu Tambuwal, says the Peoples Democratic Party should give its presidential ticket to a candidate that can win election not minding what part of country the candidate comes from.

    “I’m appealing to my party that we should be talking about how to win the election, not just where the President is coming from,” Mr Tambuwal said.

    He added that “The President can come from wherever provided he has the capacity and competence to fix Nigeria of the moment. The Nigeria of 1998 is different from the Nigeria of 2023.”

    Mr Tambuwal made this statement in an interview with Channels TV on Tuesday, citing how the All Progressives Congress won 2015 election by strategically picking President Muhammadu Buhari as its candidate.

    “As I said before, APC in 2015, deliberately out of strategy sort out President Muhammadu Buhari from Katsina state. Meanwhile the last president from Northern part of Nigeria was Umaru Musa Yar’Adua from same Katsina State.

    “Because they believe they can win election with him. It is now the APC is talking about zoning. When they were looking for Presidency and power, they didn’t talk about zoning. They got someone they believe could check the box at that moment and deliver,” Mr Tambuwal said.

    The governor’s comment comes amid agitation for the PDP to zone its presidential ticket to the south.

    Last year, Southern governors, regardless of party affiliation, in a communique, said Southern Nigeria must produced the next president.

    Like Mr Tambuwal, former vice president Atiku Abubakar has kicked against the PDP zoning its presidential ticket.

    Should the PDP zone its ticket to the south, the likes of Messrs Tambuwal and Abubakar and other northerners in PDP could be schemed out of the contest.

    (Peoples Gazette)

  • Opinion: What if the zoning controversy is a thoroughfare to deepening democracy?

    Opinion: What if the zoning controversy is a thoroughfare to deepening democracy?

    By Chukwu Malachy O.

    The interesting controversies rocking the polity in respect to zoning in recent times have come with so much uncertainty. While anyone can stand for or against zoning, I align with the thought that the contestation over zoning arrangements is an avenue to strengthen our democracy.

    Zoning may not have been written anywhere but has become a practice in our polity especially for PDP (and in Enugu State) particularly. I guess Politicians never foresaw this time. These days, when personal interests set in, our leaders will choose to see it from their own lenses. Couple of days ago, Distinguished Senator Ike Ekweremadu declared his intention to run for governorship in Enugu state and in his defence, he argued that there are four cultural zones in Enugu state and his cultural zone of Awgu is yet to have a substantial stay in the Lion Building. As much as he tried to refute that there was never any zoning arrangement in Enugu state, he stylishly proposed another zoning formula of the cultural zones as against the traditional senatorial district arrangement of zoning. The take-home here is that he supports a zoning formula but not the same others may have.

    Ekweremadu during a media interaction to declare his guber interest

    A fresh debate would be that if Distinguished Senator Ekweremadu believed in the cultural groups zoning formula, why did he stay in the Senate representing two of the cultural groups (Agbaja and Awgu) and never thought of rotating the seat between the groups for nearly 20 years?

    You may argue for or against but that’s his soothing viewpoint.

    Another viewpoint is that of His Excellency, Senator Chimaroke Nnamani (who is a prominent proposer of zoning in the state and) who has spent 7 years representing Enugu East senatorial district in the upper chamber but has not felt the position be zoned to persons of other Local Government Areas in Enugu East senatorial district. Again, interest sways and our leaders chose the lenses they use at a time.

    Sen. Chimaroke Nnamani

    Broadening the discourse, at the national level; Yes, there was an initial plan of rotating the presidency which would (or may) have stood in the PDP till date if an APC didn’t emerge. One may argue that the last president produced by the PDP was from the South and it’s the turn of the North to produce a candidate for the party. However, I personally feel the “plan” can be revamped knowing what is at stake. I feel that personal interests be laid to rest and the best game be played to return the party to the centre. In his view, an Atiku Abubakar (His Excellency) may argue that the presidential seat be zoned to the North since the party has produced presidents of southern extraction for 14 years and barely had 3 years for the Northerners. Then again, a personal interest is conceived and a comforting lens is strategically but pleasantly chosen.

    So in all of these zoning controversies, the incontrovertible fact is that our leaders embrace their choice when it favours them. Good news is voting and electing them lie in the hands of the people. If one says there was never a zoning agreement written anywhere, let him/her throw the hat into the ring and be tested. If one says zoning agreement was effectuated and endorsed, let him/her allow the masses who weren’t at the meeting, decide who lead them.

    If truly power belongs to the people, then the people must be left to settle these squabbles because the voice of the people is ultimate: Vox Populi, Vox Dei.

    Let our democracy go through these times and emerge solidly.

    Chukwu Malachy writes from Abuja

  • Delta senator, Patrick Osakwe, dies in London hospital

    Delta senator, Patrick Osakwe, dies in London hospital

    Senator Patrick Osakwe

    The Senator who represented Delta North Senatorial District of Delta State from 1999 to 2007, Senator Patrick Enebeli Osakwe is dead. He died at the age of 73 in a London hospital on Tuesday night.

    Vanguard gathered that the late Senator Patrick Osakwe who Ugili in Ndokwa West Local Government Area, died after battling with undisclosed ailment.

    Meanwhile, Speaker of the Delta State House of Assembly, Rt Hon Sheriff Oborevwori has expressed sadness over the demise of Senator Patrick Osakwe.

    Oborevwori in a statement by his Chief Press Secretary, Mr Dennis Otu, said the news of the death of the former Senator came to him as a shock and urged the approximation of the footprints of the late Senator.

    The Speaker who is also the National Deputy Chairman of the Conference of Speakers of State Legislatures  of Nigeria, said: “The demise Senator Patrick is a big blow not only to his immediate family but to all Deltans in particular and Nigerians in general. He died at a time when his wealth of experience was most needed. We are going to miss him greatly.

    “As a compassionate leader that he was, Senator Osakwe impacted many lives positively. The late Senator Patrick Osakwe was an accomplished businessman and a distinguished politician”.

    Oborevwori enjoined more prayers for God’s comforting arms on his family and friends while praying for the repose of his soul.

    (Vanguard)

  • INEC – We don’t recognise Sani-Bello as APC chair

     

    There seems to be no let up in the crisis rocking the All Progressives Congress (APC).

    Yesterday, the Independent National Electoral Commission (INEC) said the party could only remove the National Chairman of Caretaker / Extraordinary Convention Planning Committee (CECPC), Governor Mai Mala Buni, and other officers after a 21-day notice to the electoral body.

    INEC said it cannot attend the emergency National Executive Committee (NEC) meeting of APC next week because the party was yet to comply with relevant laws and regulations.

    It faulted the party for notifying it of its NEC meeting without the signatures of Buni and the Secretary of CECPC, Sen. John James Akpanudoedohe.

    It asked APC to follow due process if it wanted to effect change of leadership.

    INEC made its position known in a March 9, 2021 letter to APC by the Secretary, Mrs. Rose Oriaran-Anthony.

     

    (The Nation)

  • Need for the Nigerian judicial system to be more proactive – Femi Falana

     

    Part four of this piece published yesterday concluded with reference to the laws enacted under section 20 of the Constitution pertaining to Right to Environment.

    The locus standi of a non-state actors to enforce the fundamental right of people in the oil-producing community was upheld by the Supreme Court in the case of Centre Oil Pollution Watch v. Nigerian National Petroleum Corporation, Kekere-Ekun (JSC) held that sections 20 and 33 of the 1999 Constitution as well as Article 24 of the African Charter on Human and Peoples’ Rights recognise the fundamental rights of the citizenry to a clean and healthy environment to sustain life.

    Section 21- Preservation of Nigerian Cultures: The State shall protect, preserve and promote Nigerian cultures which enhance human dignity and are consistent with the fundamental objectives as provided in this Chapter; and encourage development of technological and scientific studies which enhance cultural values.

    The Courts have struck down customary practices which discriminate against women and girls on the basis of culture. For instance, in Ukeje v Ukeje, the Supreme Court annulled the practice of denying female children any share in the estate of their fathers.

    See also Mojekwu v Mojekwu.

    Section 22- Duty of Mass Media to promote public accountability and transparency: The mass media are obligated to promote public accountability of the Government to the people. To ensure that the duty is effectively carried out the National Assembly has enacted the Freedom of Information Act to make information available to citizens by public authorities. In SERAP v Attorney-General.

    Section 23.- Defence of The National Ethics: The national ethics shall be discipline, integrity, dignity of labour, social, justice, religious tolerance, self-reliance and patriotism. Under the National Honours Act the President is empowered by warrant to make provision for the award of titles of honour, decorations and dignities to deserving persons.

     

    Section 24: Duty of Citizens: Every citizen is under a legal obligation to respect the dignity of other citizens; make positive and useful contribution to the advancement, progress and well-being of the community where he resides; render assistance to appropriate and lawful agencies in the maintenance of law and order; and declare his income honestly to appropriate and lawful agencies and pay his tax promptly.

     

    The Supreme Court held in Fajemirokun v CCB that it is the duty of every citizen to report crimes to the police and other law enforcement agencies. In Dododo Sanni v EFCC, the Court of Appeal held that citizens have a legal duty to report cases of corruption. But corruption cannot be dealt with without challenging the political economy of the post-colonial capitalist states in Africa and this is also the view of Article 21 of the African Charter on Human and Peoples’ Right.

    Therefore, states must strive to comply with Article 21 of the African Charter for the enjoyment of socioeconomic rights by the masses.

    However, the duty of citizens to render assistance includes exposing corruption by reporting allegation of corrupt practices.

    Enforcement of Socio-economic Rights: No doubt, Nigeria does not embrace the positive constitutionalisation of socioe-conomic rights; majority of them have been made justiciable through legislation and domestication of international human rights treaties and conventions.

     

    While the ECOWAS Court does not hesitate to enforce provisions of the African Charter and other relevant human rights instruments, domestic courts have continued to hold on to the theory that fundamental objectives are not justiciable. Having regard to the state of human rights law regime in Nigeria it is submitted that there are seven ways of enforcing socioeconomic rights in line with binding judicial authorities and existing laws made pursuant to the provisions of chapter 2 of the Constitution.

    First, victims of socioeconomic rights abuse may petition and seek redress in the National Human Rights Commission. The Commission has been vested with the power to apply all international human rights treaties that have been ratified by Nigeria. Second, in view of the interconnectedness between some fundamental objectives and fundamental objectives it is submitted that socioeconomic rights may be enforced via chapter 4 of the Constitution. For instance, the right to freedom of movement and from discrimination as well as the right to dignity of the human person and right to health may be enforced under the fundamental rights enshrined in Chapter 4 of the Constitution.

    The fundamental objectives entrenched in the Indian Constitution are similar to provisions of Chapter 2 of the Nigerian Constitution. Even though they are also not justiciable the Indian judiciary has, through judicial activism, upheld the socioeconomic rights of the people. In Paschim Banga Khet Mazdoor Samity & Others v State of West Bengal & Another, the Supreme Court of India held: Article 21 imposes an obligation on the state to safeguard the right to life of every person. Preservation of human life, is, thus, of paramount importance. The government hospitals run by the state and the medical officers employed therein are duty- bound to extend medical assistance for preserving human life. Failure on these part of a government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21 of the Constitution.

    Third, the breach of the provisions of certain laws that have been enacted pursuant to chapter 2 may be challenged in a competent court. See the Attorney-General of Ondo State v Attorney-General of the Federation. In the case of Bamidele Aturu v Minister of Petroleum Resources & Ors, the court held in support of the Price Control Act, Adamu Bello, J., held that: “By enacting the Price Control Act and the Petroleum Products, the National Assembly working in tandem with the government has made the Economic Objectives in section 16 (1) (b) of the Constitution in chapter 11 justiciable. The enactment is to secure the economic objectives of the state to control the national economy in such a manner as to secure maximum welfare, freedom and happiness of every citizen of Nigeria.”

    Thus, in Femi Falana v Attorney-General of the Federation, Idris J. (as he then was, now JCA) granted the reliefs sought by the Claimant and ordered the Federal Government to reestablish the Peoples Bank since its abolition was carried out in contravention of the provisions of the Peoples Bank. Similarly, in LEPAD v Minister of Education the Federal High Court held that every Nigerian child is entitled to free and compulsory education by virtue of the Compulsory, Free Basic Education Act.

     

    Fourth, by virtue of the Fundamental Rights (Enforcement Procedure) Rules 2009 the socio-economic rights entrenched in the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria, 2004 may be enforced in a High Court in the State where a breach has occurred.

    The Rules have enjoined all Courts to apply the Universal Declarations of Human Rights and other instruments [including protocols] in the United Nations Human Rights system and the African Charter on Human and Peoples’ Rights and other instruments [including protocols] in the African regional human rights system in the enforcement of the fundamental rights enshrined in Chapter IV of the 1999 Constitution courts.

    In Abacha v Fawehinmi[29] the Supreme Court held that all arms of government must obey and enforce provisions of the African Charter pursuant to the Ratification Act, save the provisions are suspended or repealed by a later statute. In the leading judgment of the court, Ogundare J.S.C. rightly held that if there is a conflict between the African Charter Act and another statute, “its provisions will prevail over those of that other statue for the reason that it is presumed that the legislature does not intend to breach an international obligation.”

    In Joseph Odafe and Ors v. Attorney General of the Federation and Ors[30]the Court held that the State had a duty to protect the physical health and mental health of inmates of prisons in Nigeria. Fifth, the violation of the socio-economic rights of the Nigerian people may be challenged in the Court of Justice of the Economic Community of West African States in Abuja, Nigeria. Being a member state of the regional economic union the Government of Nigeria is bound by Article 15 of the Revised Treaty of the Ecowas to comply with the decisions of the Community Court.

    The Ecowas Court has resisted the moves by Nigeria to cite the provisions of the Constitution to frustrate the enforcement of socio-economic rights. In SERAP v. Federal Republic of Nigeria and Universal Basic Education Commission[31],the Applicant sought to enforce right of every Nigerian child to education.

     

    The defendant argued that the Court lacked jurisdiction to hear the case because it dealt with domestic laws and policy which are not within the subject matter jurisdiction of the Court. It was further contended by the defendant that the educational objective in the Constitution of Nigeria is non-justiciable and that SERAP lacked locus standi to institute the case as it was not directly affected by the laws sought to be enforced.

    The Court dismissed all of the objections and upheld the right of every Nigerian to education in accordance with article 17 of the African Charter. In the celebrated case of SERAP v Nigeria & Ors[32], the ECOWAS Court held that the “violation of the right to adequate standard of living, including the right to food, to work, to health, to water, to life and human dignity, to a clean and health environment; and to economic and social development.”

    Sixth, victims of socioeconomic rights in Nigeria are entitled to file complaints before in the African Commission on Human and Peoples Rights in Banjul, The Gambia. Under the defunct military junta in Nigeria, the Commission provided legal succor for many victims of human rights abuse. See the cases of SERAC v Federal Republic of Nigeria[33]. Civil Liberties Organisation v Nigeria, Constitutional Rights Project v Nigeria[34]. Under the current human rights jurisprudence in Africa, victims of socio-economic rights abuse may file cases before the African Court on Human and Peoples Rights in Arusha, Tanzania, However, aggrieved individuals and Non Governmental Organisations in Nigeria are not competent to approach the African Court on Human and Peoples Rights since the Federal Government has not complied with Article 34 (6) of the Protocol for the Establishment of the Court.

    Hence, the cases of Femi Falana v African Union[35] and SERAP v Nigeria[36], were struck out by the African Court on account of lack of jurisdictional competence. In the same vein, the Court declined to entertain the application of SERAP for advisory opinion on corruption in Nigeria.

    Seventh, by virtue of section 254C (1) (f) and (h) of the 1999 Constitution, as amended, the National Industrial has been vested with the judicial power to apply and interpret all conventions of the International Labour Organisation ratified by Nigeria. In several cases, the Court has upheld the socio-economic rights of many Nigerian workers based on the ILO Conventions. Based on the Constitutional amendment Nigerian workers have been urged to “take advantage of the revolutionary constitutional amendment to enforce their rights guaranteed by the Constitution, African Charter on Human and Peoples Rights, Universal Declaration of Human Rights, International Covenant on civil and political rights as well as International Covenant on social, economic and cultural rights.”

    Frustration of enforcement of socio-economic rights by High Court Judges: It is pertinent to note that the Judiciary has begun to play a more constructive role in promoting human rights and public accountability in Nigeria as seen in the case Fiicharles Organ& Ors. v. Nigeria Liquefied Natural Gas Ltd[37] where it was stated that all organs of government and all authorities and powers are to strictly conform to, observe and apply the provisions of the Constitution, most especially in Chapter 2.

    But in spite of the clear and unambiguous position of the Supreme Court on locust standi a number of judges in the High Court have continued to strike out cases on socio-economic rights and other public interest cases. As if that is not enough, heavy fines are imposed on the claimants for dragging the Government to Court to account for official impunity. It is submitted that such decisions constitute judicial misconduct as they fly in the face of the judgment of the Supreme Court in case of Gani Fawehinmi v Col Halilu Akilu[38] where the decision of the apex court in the case of Abraham Adesanya v The President[39] was consigned to the dustbin of history.

    In jettisoning the anachronistic doctrine of locus standi in Fawehinmi v The President[40], Aboki JCA (as he then was, now JSC) made it abundantly clear that illegal actions of the Government would be left unchallenged if a concerned citizen like the Appellant was chased out of the temple of justice on the grounds that only the Attorney-General could sue the Government of which he is a part.

    For the avoidance of doubt, the Supreme Court held in Centre for Oil Pollution Watch v NNPC[41] that the appellant had locus standi to enforce the right of an oil producing community to environment as the rule of locus standi has given way to public interest litigation in Nigeria. In view of the undeniable fact that the appellate have jettisoned the doctrine of locus standi it is submitted that all courts are duty bound to desist from striking out public interest cases for want of locus standi.

    In Ganiat Amope Dilly v Inspector-General of Police & Ors[42] the Court of Appeal held that by the combined effect of the Constitution, African Charter and the Universal Declaration of Human Rights the right of a dead person to life can be litigated upon in court by family members under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

    Augie J.C.A (as she then was) stated that “The right to life of a dead person can be litigated in the court. Failure to address such violations will create a monstrous situation where infractions will continue unabated and without redress thereby reducing such fundamental right to chasing shadows or holding the wind. And definitely, it will be contrary to the constitutionally guaranteed right to life, the African Charter on Human Rights and United Nations Universal Declaration of Human Rights, 1948 too. No court should be part of such retrogressive jurisprudence of human rights.”

    In spite of the abolition of locus standi in public interest cases Judges of the Federal High Court and many state high courts have a penchant for dismissing cases pertaining to socioeconomic rights. It is high time the judges involved were made to apply the relevant decisions of the appellate courts in line with the doctrine of stare decisis.Otherwise, such Judges should be reported to the National Judicial Council for deliberately ignoring judicial authorities that are binding on them. In Monday Ubani & Anor v The Senate & Ors[43] two plaintiffs, Monday Ubani, had filed a suit to challenge the constitutionality of the jumbo-sized pay said to be collected by the members of the National Assembly.

    The Plaintiffs had relied on the interview of Shehu Sani, a former member of the Nigerian Senate representing Kaduna Central Senatorial District, where he had in March 2018, revealed that each senator received the sum of N13.5 million monthly as running cost, in addition to N750,000 monthly consolidated salary and allowances.

    In their argument before the court, the two chambers of the National Assembly had filed a defence denying its members ever collecting such jumbo-sized pay, but failed to disclose to the court how much members earn. On its part, the National Assembly Service Commission filed a defence, denying being responsible for the mouthwatering pay being taken by the members of the National Assembly

    They equally contended that the plaintiffs lacked the locus standi (the legal right) to institute the action against them, contending that the plaintiffs had no cause of action against them.They urged the court to strike out the suit.

    However, delivering judgment on the matter, the judge, Chuba Obiozor J. dismissed the preliminary objections of the 3rd and 4th defendants. The judge said the plaintiffs were properly clothed with the right to institute the legal action, citing the Supreme Court case of Centre for Oil Pollution Watch v. NNPC.

    The court held that public spirited individuals (taxpayers) had sufficient interest in ensuring that public authorities submitted to the rule of law and that no public authority had power to arbitrarily or with impunity break the law or general statute. He therefore declared that the 3rd, 4th and 5th defendants (the Senate, the House of Representatives and the National Assembly service Commission) “have no power, close or semblance of power and cannot determine, direct, command and/or instruct the 2nd defendant (RMAFC)) or any person howsoever, to make, determine and/or fix the salaries, wages, remuneration, running cost or allowances of the 3rd and 4th defendants. as only RMAFC can fix salaries of public officers’ The RMAFC (2nd defendant) is the only body responsible for determining the salaries, remuneration and/or allowances of the National assembly or political office holders, the court ruled.

    “In line with Section 32 (b)(d) of part 1 of third schedule of the Constitutional of the Federal Republic of Nigeria, 1999 as amended, the 2nd defendant was ordered to embark on a downward review and fix the salaries, remuneration or allowances of the 3rd and 4th defendants to reflect the economic realities in the country.

    The judge said that “since the members of the National Assembly has denied collecting the jumbo remunerations and allowances, the EFCC should look at their books and if it is found that they truly collect such amount of money, they should be prosecuted.” A similar suit filed by the Socio-economic and Accountability Project (SERAP) was assigned to the same judge. Earlier in the proceedings the Judge had ruled that SERAP would abide by the decision reached in the Ubani’s case.

    In view of the fact that the Government has disregarded many cases in which the socio-economic rights of citizens have been upheld it is no longer sufficient to campaign for the justiciability of the provisions of chapter 2 of the Constitution. I am therefore compelled to call on the Nigerian Bar Association and the human rights community to wage a serious campaign against disobedience of court orders.

    As far as I am concerned, the Attorney-General who disobeys a court order should be penalised by the Legal Practitioners Disciplinary Committee. Judges should invoke the powers of contempt to deal with officials who treat court orders with disdain. Conclusion: The paper has questioned the notion that socio-economic rights are not enforceable in the courts.

    Having offered a detailed account of judicial decisions and laws enacted by the National Assembly for the promotion of the socio-economic rights it is hoped that lawyers are armed with the vital skills and tools to enforce fundamental rights of the Nigerian people. In particular, lawyers should be prepared to enforce the socio-economic rights of the people guaranteed by laws made pursuant to Chapter two of the Constitution and the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004.

    It is high time the debate on socio-economic rights was moved from desirability to enforcement. The Nigerian courts should borrow from the reasoning of Yakoob, J., in Government of the Republic of South Africa v. Grootboom[44], where he held that: Socioeconomic rights must all be read together in the setting of the Constitution as a whole. The State is obliged to take positive action to meet the needs of those living in extreme conditions of poverty, homelessness or intolerable housing.

    Their interconnectedness needs to be taken into account in interpreting the socio-economic rights, and, in particular, in determining whether the State has met its obligations in terms of them.

    *Falana, a Senior Advocate of Nigeria, wrote from Lagos

    (Vanguard)

  • Obasanjo commends Gov Uzodimma for developmental strides in Imo state

     

    Nigeria’s former President, Chief Olusegun Obasanjo, has lauded Governor Hope Uzodimma on the laudable developmental strides that Imo State is witnessing under his administration.

    The past President paid the compliment during his 85th birthday celebration, hosted by the first family of Imo State at the Banquet Hall of Government House, Imo State.

    Speaking on the sidelines of the celebration, the former President called for improved engagements with genuinely frustrated militant members of society to de-escalate conflict and promote peace.

     

    (Vanguard)

  • Opinion: Gender Gap; Breaking the Bias

    Opinion: Gender Gap; Breaking the Bias

    By M.O ENE

    #BreakTheBias

    Driving past the United Nations headquarters last Sunday, I did not notice special signs for the UN Observance of International Women’sDay 2022 (IWD): “Gender Equality Today for a Sustainable Tomorrow.” The pandemic still sustains, and half the world is virtual… a sad exception being the Russian ruining of Ukrainian lives and landscape.

    Days earlier across the Atlantic in Nigeria, the Senate voted on amendments to the constitution. Sadly, the bills seeking to level the field for women failed. It was not surprising: less than 10 percent of the 109 senators are women, and the eighth Senate in 2017 had rejected a similar amendment that sought 35% affirmative action in line with the Beijing Declaration and Platform of Action to achieve gender equality.

    The undisputed male champion of women empowerment in the Ninth Senate is Senator Chimaroke Nnamani, the first 4th Republic governor of Enugu State and the chairman of Senate Committee on Integration and Cooperation in Africa/NEPAD. Two years ago, on Tuesday, March 10, the senator spoke out loud for gender equality, one of the six motions up for voting. The voice votes clearly gave the gender-gap motion a resounding ‘NAY’! It was difficult to document the dinosaurs living in the wrong age! Surprisingly, in an eye-popping verdict, Senate President Ahmad Lawan ruled that the motions were adopted, including the motion on gender equality!

    Fast forward to late February 2022: With 68 Bills for “Acts to Alter the Provisions of the Constitution of the Federal Republic of Nigeria, 1999,” Nigeria might as well consider a new Constitution that restructures the polity for true federalism because amending a fundamentally flawed document will not make it kosher. Three amendments are relevant here: #35: … Special Seat for Women in the National and State Houses of Assembly; #37: … Affirmative Action for Women in Political Party; and #68.… Reserved Quota for Women. None was approved.

    There was no pity party. No female lawmaker loudly lamented the failure of these amendments. Ironically, men may need the amendment someday, when women wake up and push their power of population, participation, and personality. A good example is Anambra State, where all three senators could have been women, if not for the shelving of Bianca Onoh-Odumegwu-Ojukwu, former Nigerian ambassador to Spain.

    In Enugu State, Governor Ifeanyi Ugwuanyi deserves kudos for picking and sticking with a female deputy, Cecilia Ezeilo, sustaining some female lawmakers, commissioners, special advisers, etc. However, we expect the state to be in the forefront and chasing the Beijing benchmark. Hopefully, the governor will rectify gaping gender gaps during the expected cabinet reshuffle in the run-up to the 2023 general elections.

    An affirmative action for women empowerment is noted in the four women councilors from Nkanu East LGA. Impressed by the development and in the addition to his substantial fiscal and high-powered physical support of PDP local elections in his senatorial district, Senator Nnamani made an extra targeted donation of ₦3 million to support the women. He personally delivered to dough.

    Senator Chimaroke Nnamani did not just wake up to empowering women in 2019. Back in 2001, besides other pro-women initiatives, he signed into law a bill outlawing harmful practices (religious, social, or traditional), against widows in Enugu State. The remarkable and internationally applauded act empowers not only widows and widowers but all women to take charge and live free from fear of cultural cruelty and current chauvinism.

    We must break the bias that keeps women in the backyard. Advocacy alone will not break the bias; it will take more women active on political platforms. Yes, politics can be both dangerous and dirty, which is why we need many more women in politics to clean the horse stable and rid political processes of pathetic pettiness and vile violence.

    In his message to the Rivers State chapter of the National Council for Women Societies (NCWS) on 20 December 2021, Governor, Nyesom Wike, stated: “You are catalysts and instruments for social engineering in our society. If women are not part of what society does, society will not progress. Every man, irrespective of who he is, has a woman whom he adores or loves.”

    Men in power with Talibanesque mindset are a problem, but women themselves are major obstacles in taking charge and liberating our politics. History has many role models, from Nnete Okorie-Egbe of 1929 Aba women to Ahebi Ugbabe, Margaret Ekpo, Janet Mokelu, Oyibo Odinammadu, Lady Neboh, Justina Eze, Kema Chikwe, Chris Anyanwu, Uche Ekwunife, Dora Akunyiri, Ngozi Okonjo-Iweala, Stella Oduah, Princess Alu Ibiam, etc.

    Senator Chimaroke Nnamani has not only advocated for legislation to eliminate all forms of discrimination against females, but he has also addressed the problem at its roots. On October 11, 2019, to commemorate the International Day of the Girl Child, he paid the WAEC fees for all female public schools’ students in Enugu East Senatorial District for the May/June 2020 exams.

    The road is rough, but women can level it. As Senator Nnamani stated in IWD-2020: “You should not be deterred by the obstacles. You must strive to do more to surmount hurdles. You have demonstrated enough tenacity of purpose. Your perseverance, resilience, and indomitable spirit as good managers of human and material resources have been unparalleled.”

    #BreakTheBias: Imagine a gender equal world!

    Happy International Women’s Day!

    © MOE, Tuesday, March 8, 2022

    @aladimma

  • Human Right Activists to protest against Electoral Act 2022 Clause 84

     

    The most appropriate note on which to commence this dialogue on the controversial clause 84(12) of the much-debated and anticipated electoral act 2022 is by adopting the aphorism when two elephants fight, the grass suffers.

    The reasons for applying the elephants’ metaphor may not be obvious. But it is simply because the final battle in the war to reform our country’s electoral system was between the all-powerful governors’ forum currently led by Kayode Fayemi, Ekiti State Governor on one side and the National Assembly, with Ahmad Lawan, the senate president and Femi Gbajabiamila, the Speaker of the House of Representatives as leaders of National Assembly, NASS, on the other side.

    I will dwell further on the victor and vanquished aspects of the epic battle between both gladiators in the course of this discourse. But at this juncture, it is pertinent that we first of all focus on the commendable leadership sagacity exhibited by president Mohammadu Buhari in the course of birthing the newly minted electoral act 2022.

    Now, some hawkish people in the presidency might have advised President Buhari not to be perturbed by public criticism whenever he gets tongue-lashed by some elders who speak out, no matter whose Ox is gored, and who are from across the regions ranging from Pa Ayo Adebanjo leader of Afenifere, from the southwest, Prof. Ango Abdullahi, head of Northern Elders Forum, as well as Prof. Ben Nwabueze, Chairman of Igbo Leaders of Thought and longest-living senior advocate of Nigeria from the southeast.

    And the devil-may-care leadership style advocates on the corridors of presidential power would have justified their advice to President Buhari, not to be accommodating or tolerant of criticism and critics by sowing the nihilist idea into his mind that whatever he does as a leader would be considered as unsatisfactory and therefore criticized unnecessarily.

     

    But following Mr. President’s commendable action of signing into law, the much desired and anticipated Electoral Act 2022 on Friday, February 25, 2022, and the massive applause that he has received from a broad spectrum of Nigerians, including the clergy and the international community alike for the exemplary leadership that he has exhibited in assenting to the bill even if he has expressed reservations about some elements in the act particularly clause 84 (12); by now, it must have dawned on President Buhari who has been fooling who.

     

    That is because today, it is manifest that Nigerians are capable of acknowledging and commending good work by their president with adulation, as reflected by the torrents of encomiums which have been flowing in the direction of President Buhari from not only civil society organizations that were in the forefront of the struggle for electoral reforms, but even from regional ethnic and cultural groups (that in light of human carnage and misery saw no good in Buhari’s presidency) such as Ohaneze Ndi Igbo from the southeast, Afenifere from the southwest and Arewa Forum from the north as well as Pan Niger Delta Forum, PANDEF from the south-south; not forgetting Middle Belt Forum, MBF, including Inter-party Advisory Council -an umbrella body of all registered political parties, since Friday, February 25 when president Buhari signed off on the act.

     

    Given the massive welcoming approval accorded the electoral act 2022 by the critical mass of Nigerians,I would argue that no policy initiative of the government in Nigeria in recent history has received such a consensus and broad range of support from across ethnic, religious, and cultural divides in our country, except the UDOJl award (payment of bonus salaries to reward public servants for their support and dedication during the difficult period of the war 1967-70) by the government under then military head of state, General Yakubu Gowon in 1974.

     

    In my assessment of the current state of affairs in our country, based on the high level of despondency, it is only a decision to restructure the political and social-economic systems as well as the introduction of state police by president Buhari that could have made Nigerians heave the type of sigh of relief that the signing of the electoral act 2022 has elicited.

     

    But those critical yearnings of the masses which are policies, if executed would advance the status of the entity known as Nigeria from being a mere country to a nation via astute and patriotic leadership, would remain a mirage.

     

    That is simply because restructuring the political system and introduction of state police which were the heart of the ruling party, APC’s campaign in 2015, that enabled it to clinch the leadership of Nigeria at the center over seven (7) years ago are being treated like plaques. Hence even the recently concluded review of the constitution led by my good friend and brother, Ovie Omo-Agege, deputy senate president, did not even get that critical desire of Nigerians listed for consideration on the floors of NASS, how much more receive the privilege of being debated. The neglect of restructuring and state police in the review of the constitution appear to be deliberate as they are the key components of the report submitted by the Nasir El-Rufai led committee set up by the ruling party to chart the way forward. Already, Nigerian women are literarily up in arms with NASS for ditching their demand for 35% of seats to be allotted to them as a sort of affirmative action, just as traditional rulers are also aghast that their quest to be assigned a more active role in governance was not factored into the reviewed constitution.

     

    That is a subject for another day.

     

    By assenting to the electoral bill and its subsequent conversion into law, President Buhari has conferred on Nigerian politics, a breath of fresh air to replace the putrid and toxic elements intrinsic in the electoral act 2010 which has been in operation since the last reform carried out by the pair of ex-presidents Umaru Yardua of blessed memory (2007-10) and Goodluck Jonathan (2010-15).

     

    It may be recalled that both former Presidents had improved upon the version handed over by the military who sired the problematic 1999 constitution of the federal republic of Nigeria that had just undergone another review and amendment on 1/3/2022 by the National Assembly, NASS.

     

    Is it not preposterous that the electoral law which had lost its flavor as it was simply inhibiting our ability to organize elections that are free and fair, as identified as far back as 2018 when the idea of electoral reform was first mooted and pursued by NASS, had remained unimproved upon due to mere political chicanery?

    It is such an indictment on the political class that the 2010 electoral act had remained unchanged after 12 years of its application in the recruitment of our political leaders, during which flaws that needed to be reformed urgently were identified, but of which President Buhari had been reluctant to effect, until Friday, February 25, 2022, when he appended his signature.

    That is because, since the idea of reforming the electoral system via a review of the 2010 electoral act was first muted in 2018, (4th review since 1999) the journey to electoral reforms has not only been full of twists and turns, it has actually been torturous for most Nigerians who have somehow been tormented by the back and forth movement of the bill between the executive and legislative arms of government until it finally became law on February 25, 2022.

    Arising from the rigorous exercise that involved the National Assembly (NASS) passing the electoral Act amendment bill for a record five (5) times and transmitting the same to president Buhari who had been demurring from signing-off on it for the same number of times, l was compelled to tag the 2021 electoral bill an Abiku/Ogbabje bill, (stillbirth in African mythology) in one of my previous essays titled: ‘Electoral Act Amendment Bill: Interrogating The Ogbanje/ Abiku Elements’ focused on the issue of electoral reforms and its potential benefits to the body politics of our beloved country underscoring the multiple times that president Buhari vetoed it.

    And the wisecrack, no pain, gain rings true in this instance.

    That is because it is particularly heartening that after the epic struggle, Nigerians are now in a position to be the major beneficiaries as the reforms of the electoral system are bound to lend the political system the required fidelity that would motivate more members of society, particularly those who felt that owing to the opaque nature of the electoral process, their votes would not count, hence they have been shying away from exercising their franchise in previous elections.

    Based on the improvements which the 2022 reform has conferred on the electoral system, going forward, especially during the 2023 general elections, which is barely one year away, Nigerians would likely turn out massively to vote, more so because of ballot stuffing and snatching, as well as election result falsification that used to trigger violence in the polling units, are deemed to have been eliminated by electoral act 2022. The optimism is derived from the belief that the new electoral law has institutionalized transmission of results electronically from polling booths to the INEC database and makes it impossible for votes cast in a particular polling unit to be more than the registered or accredited voters in that location.

    Those were some of the tricks that politicians leveraged in the past to produce perverse election results that generated pre and post-election violence that hitherto defined politics in Nigeria and pinned political actors down in law courts for the better part of their tenure while governance suffered.

    In that regard, by and large, the Electoral Act 2022 can be said to be an elixir that is guaranteed to induce political sanity into our country’s beleaguered democracy.

    In an uncanny way, perhaps the past five years (2018 till February 25, 2022) of trying to get President Buhari to assent to the bill in the multiple times that it was passed by the National Assembly, NASS was not wasted after all.

    The assertion above is derived from the fact that had the process not been delayed and were it not that, apart from our lawmakers, the executive arm of government, and civil society organizations, under the auspices of YIAGA Africa and CUPP (civil society, political parties coalition and democracy advocacy groups), as well as ordinary Nigerians, that generally got involved in pressuring the incumbent president to build on the reforms of the electoral system implemented by his predecessors, Umaru Yar’adua of blessed memory and Goodluck Jonathan that instituted the justice Lawal Uwais committee which reviewed the electoral act 2010, that just amended; electoral 2022 would not have been this robust.

    But due to some omissions and commissions on the part of the executive arm, particularly the presidency which remains unresponsive to the stimuli of the masses that could have generated empathy for president Buhari, it was assumed by most Nigerians that Aso Rock was disconnected from the reality of the masses, a belief underscored by the initial reluctance of Mr President to assent to the bill which is contrary to the wish of the critical mass that is literarily dying for a much better electoral system.

    Having finally signed the bill into an act of law on February 25, 2022, President Buhari has proven wrong those who assumed that he was not keen on bequeathing the legacy of a reformed electoral system to the country before he exits power in 2023.

    As valid as that point of view appears, there is another school of thought that posits that, if the electoral bill was assented to by President Buhari when it was first passed by NASS in 2018, by now, (which is five years after) democracy in Nigeria could have been deepened much more than the level that it is in right now. Actually, each time president Buhari sent the bill back to NASS, an opportunity to move democracy forward was lost. Otherwise, as a nation, after the 2015 election that ushered in President Buhari, by 2019 election, we should have progressed beyond the use of Biometric Voter Accreditation System, BVAS, electronic transmission of results from polling units to INEC database, and all the other innovations contained in the new electoral act 2022, all of which were achieved under the watch of current INEC chairman, Professor Mahmood Yakubu.

    Is not rather disappointing that the improvements in the electoral system that we should have attained in 2018 for the 2019 general elections are what we just achieved in 2022, prior to the looming general elections in 2023?

    It is my opinion, that the electoral process improvements such as the introduction of the concept of diaspora voting, voting by mail, and electronic voting amongst other innovations, that could have deepened our democracy, should have already been incorporated into our electoral system in 2022 and as we set our eyes on 2023 general elections. But owing to the shenanigans that detained it for five years as it bounced between the NASS and presidency like a ping-pong, they are now in our front view mirror as the next electoral reform goals, whereas they could have been in our rearview mirror.

    But as the saying goes, all is well that ends well, which is why Nigerians appear to be content (for now ) with the modest accomplishments of the electoral Act 2022.

    The only worries now are that some of the contents of electoral act 2022 would have to be scrapped so soon after it was assented to or reviewed owing to the reason that they are not seating well with President Buhari, as contained in his cover letter to NASS conveying his approval of the bill into the act. It is a matter of grave concern to watchers of our democracy because, after 23 years of its return as the form of government in Nigeria, democracy can no longer be said to be in its infancy. Strictly speaking, democracy in Nigeria is currently in adulthood simply because a 23 years old man or woman can no longer be referred to as a kid. So why would the passage and adoption of a law by both NASS and the president be so fractious and farcical?

    For instance, President Buhari’s exception to Clause 84(12) of the electoral law that he assented to has thrown up new crises because he believes the clause negates the tenets of democracy. Although, there is supposed to have been a gentleman agreement between president Buhari and NASS leadership to scrap that portion after he might have appended his presidential signature to it, (a process agreed upon to avoid a constitutional challenge that was looming if president Buhari vetoed it and NASS failed to override him before the end of February) following president Buhari’s letter requesting that legislators make good their promise, it was not expected that there would be issues. But there is clearly resistance to keeping the promise made by NASS, particularly from the Lower Chamber which comprises 360 members and therefore more difficult to manipulate than the senate with only 109 members that is less wieldy to maneuver.

    Often, gentleman agreements are susceptible to contention as evidenced by the controversy surrounding rotation of presidential power between north and south which is also hinged on a gentleman agreement hashed out during the 1995 national conference.

    At this juncture, a bit of backgrounding to put things in perspective is necessary. And as l earlier indicated that l would return to the victor and vanquished parties in birthing the electoral act amendment 2022 with respect to clause 84 (12) which is a watered-down cause of the duel between the governors’ forum and the resurgent NASS, let us look at the real reasons that the clause causing prickly heat has remained like a fly perched on the scrotum and could not be easily crushed without severe consequences, hence President Buhari was compelled to sign the bill into law without further filibustering.

    That the controversial clause 84 (12) excludes political appointees from voting or being voted for and compels them to resign 180 days prior to Election Day, is no longer news. The contention is that the provision is contrary to the rule enshrined in the constitution of the federal republic of Nigeria that gives public servants 30 days (as opposed to 180 days) to resign their appointments if they intend to contest for electoral positions as contained in the new electoral law. Since the constitution supersedes any other law, in this instance, appointees resigning 30 days to elections as enshrined in the 1999 constitution as amended would prevail. There would not have been the need to scrub out the 180 days requirement, were it not for the fact that clause 84 (12) also forbids political appointees from voting or being voted for during party conventions. It is needless to point out that denying political appointees the right to vote or be voted for amounts to robbing them of their civic rights and responsibilities. But those who support the current controversial clause 84 (12) electoral act 2022 aver that the clause is aimed at creating a level playing field for all political office aspirants in and out of public office.

    Their point is that being able to run for an elective office while holding public office gives undue advantage to incumbents who would take advantage of their pole positions by capitalizing on public resources available to them and imperil the non-public office holders contesting against them. That concern is real.

    And legislators who are often at the receiving end are the architects of the controversial clause 84 (12) which, if you like is their own curved ball or panacea to the undue advantage enjoyed by governors and Mr president whose appointees (ministers, special advisers in the case of a president and commissioners, special advisers, etc ) help tilt the scale in their favor during party primaries. In light of the revelation above, is anyone still wondering why governors and the president always have a battery of special assistants or appointees with all manners of titles even in the twilight of their tenure? Hitherto, most Nigerians thought it was merely their way of creating jobs for the ‘ boys’ who helped them in securing victory at the polls. Alas, it is much more than that.

    Unbeknownst to most Nigerians, Clause 84 (12) is also a fallout or an adjunct to the proposal by NASS that the process of producing delegates at primaries should be solely direct primaries as opposed to the three options of direct, indirect, and consensus as contained in the electoral bill 2021 vetoed by President Buhari and sent back for re-work.

    As the popular aphorism goes, there are many ways to kill a rat without spilling its blood. That is why the bill was in deference to president Buhari’s re-worked by NASS. But not without cleverly stripping governors of the advantage or luxury of leveraging their appointees to give them a leg up during party primaries through clause 84 (12).

    So in more ways than one, the contest for the control of the ruling party, which is by extension, the soul of Nigeria between the powerful governors’ forum and National Assembly, NASS, did not end with the restoration of the three options of direct, indirect and consensus options in the new electoral law, as it has raged on, but in a more nuanced and subtle way sustained with clause 84 (12).

    Put succinctly, what the legislators could not achieve with their introduction of direct primaries as the sole process of producing candidates for general elections, which was rejected by President Buhari via a veto, they have achieved via clause 84 (12) which whittles considerably the influence of governors during party primaries via their reliance on appointees beholden to them to vote in their favor.

    In my piece on reforming the electoral act earlier referenced, l had advised President Buhari to Beware of IDEs of March and more curved balls as he enters the lame-duck period of his presidency with Governors and NASS taking his two ears hostage and bombarding him with their selfish and group point of view as they try to justify their opposing views of democracy in a bid to undo each other.

    Below is how l had put it:

    “Tellingly, governors and legislators had drawn a battle line on who would outwit each other on the question of whether direct primaries should be enshrined into the electoral act in the process of amendment. I contended further by stating that

    “With President Buhari finally withholding his assent, the leaders of the sub-national entities seem to have triumphed over the legislators.”

    I then observed that “Uncharacteristically, the governors are appearing to be humble in victory by being reticent since 21/12/2021, when president Buhari communicated his refusal to append his signature to the document that had been subjected to a series of back and forth movements between the upper and lower chambers of NASS.”

    Then I concluded by posing the question: “Does the muteness of the governors suggest that their victory may be pyrrhic? Considering the outrage of Nigerians when they kicked against the expunging of electronic transmission of election results from the polling units to the collation centers introduced by the lower chamber, but which was watered down by the upper chamber, by basically stripping INEC of its independence, before it was finally restored in the current bill rejected by president Buhari; the legislature should be leaking its wound.”

    As it turned out, as opposed to licking their wounds, the NASS went back to the drawing board to conceive how they could pull more arrows out of their quivers to combat give hence they were able to come up with clause 84(12) whose efficacy has seen governors reeling in pains. Talk about he who laughs last, laughs best.

    Putting all together, one thing that I can deduce is that NASS is not actually totally in acquiescence with the presidency as it would appear to the ordinary folks who regard our current lawmakers as mere rubber stamps of the presidency simply because the executive arm influenced the emergence of the leadership of both the Upper and Lower chambers which are supposed to be independent.

    Apart from the NASS initiative of forming a committee comprising of members of the Upper and Lower chambers, the presidency and the concerned ministries, departments, or agencies for the purpose of curating public policies at proposal levels which have reduced the high level of public rancor between the two arms of government witnessed during the 8th senate, the NASS particularly the Lower chamber, is not a walk-over as it tries to assert its independence, albeit in more subtle manners.

    That is why scrubbing off clause 84 (12) may not be a walk in the park for the presidency.

    Again, in my view, healthy opposition is good for the deepening of democracy in our beloved Nigeria.

    Even then, politicians and the game of politics never cease to amaze and intrigue the uninitiated and that applies to most Nigerians.

    How can one phantom why Governors who are more likely to end up in the Senate after their tenure be so intent on flexing political muscle with members of the senate where they would most likely end up?

    And vice versa for NASS members who also are more often than not angling to be state governors after serving as senators or members of the National Assembly.

    In my assessment, it is all about temporary advantages to be gained by each of the groups involved in the contest for political powers.

    It elicits the question: is the contestation or rivalry between governors and national legislators ego-driven and therefore ephemeral or altruistic?

    Clearly, it is the revolving door of politics in Nigeria that makes it possible for politicians to pivot between calling the shots in governors’ mansions in their home states and the hallowed chambers of NASS, that justifies the labeling of our present crop of politicians as recycled men and women that have nothing more to offer society, by youths, especially those in the vanguard of Not-Too-Young-To-Rule movements, pushing the candidacy of the likes of Kingsley Moghalu, Dele Momodu, Omoyele Sowore et al who have thrown their hats into the ring as 2023 presidential candidates.

    While the governors and legislators’ epic battle rages on, the import of the adage ‘when two (2) elephants fight, the grass suffers’ must not be lost on the polity which is why l am drawing attention to it via the analysis contained in this intervention.

    In light of the foregoing narrative, the delay in assenting to the amended electoral act until February 25 2022 is attributable to the square up between NASS and governors forum and not totally the fault of president Buhari as it has been cast.

    For now, it is anyone’s guess whether the battle of supremacy between our governors and elected representatives in the NASS which detained the badly needed electoral reforms for five (5) years would continue with the request by president Buhari that clause 84 (12) be deleted. Would a rebellion manifest in the coming days as the matter has now been officially tabled on the floors of the National Assembly, comprising of men and women who may be ready, willing, and able to subsume party dictates for their personal interests as the presidency enters lame-duck period?

    Well, we may not know until when the hurly-burly APC convention and congress for the nomination of presidential candidates by both the ruling and main opposition parties are over.

    Magnus Onyibe, an entrepreneur, public policy analyst, author, development strategist, alumnus of Fletcher School of Law and Diplomacy, Tufts University, Massachusetts, USA, and a former commissioner in Delta State government, sent this piece from Lagos.

    (Vanguard)

  • Opinion: Hon. Uche Ejim- An idea whose time has come!

    Opinion: Hon. Uche Ejim- An idea whose time has come!

    Opinion: Hon. Uche Ejim- An idea whose time has come!

    By Engr. Ndubuisi John Ngene

    It’s perhaps no surprise to the discerning citizens, friends and political associates of Uche Ejim that his ascendancy to the mayoralty of the Nkanu West municipal should elicit such heartfelt ejaculations of goodwill as have pervaded the media and airwaves. Indeed, the reception that greeted his nomination and subsequent election was unprecedented.

    What captured the imagination of the people as he canvassed his candidacy on the campaign trail was not just the flashes of inspiration in his resonating messages but that sublime candour, and the effusive bent of his personality.

    The fact that this great and ebullient son of Nkanu land has navigated the murky waters of our body politic with manifest distinction tells volume of his indomitable spirit, resilience, humility, political sagacity and inspiring leadership. My stint with Hon. Uche Ejim at Nkanu West ICT unit in the last administration provided that peculiar pigeonhole through which an objective  assessment of his winsome personality could be made.

    Uche Ejim’s hands raised by the ENSIEC official and the LG Party Chairman, Hon. Nnamoko, when he was declared winner of the PDP Primaries

    Over the years, Uche had been galvanizing the young and old in his bid to create an egalitarian society in Nkanu West through his mass mobilization creed of politics without bitterness, and respect for both the young and elderly.

    Hon. Uche Ejim is not a neophyte in the game of politics having been a Councillor, SPA, SA, etc., during which he marketed himself through selfless service to the people. It was probably his genuine catholicity of spirit as a team player, loyal party man and affiliation with Ebeano political family that endeared him to His Excellency, the Executive Governor of Enugu state, Rt. Hon. Ifeanyi Ugwuanyi who is recognized for his uncanny ablity to locate, envision and enthrone talents as he has done in this case.

    Hon. Uchenna Ejim has made no pretensions to perfectness neither on the soap box nor elsewhere. During the last stakeholders meeting at Fidelma Hotel, Enugu, he did not leave anyone in doubt regarding his absolute reliance on God for success when he began his remarks with a praise song. As a man with a grateful heart, he requested stakeholders to thank Governor Ugwuanyi (who he described as his destiny helper) for him. He does not claim to possess the magic wand that can fix the myriad of challenges of the municipality in one term, but he believes in the inherent potentials of grassroots politics especially when driven by a purposeful leadership.

    The hydraheaded monsters of galloping inflation which had significantly eroded the value of our national currency, the dismal performance levels recorded in the real sector, the intractable decay and obsolescence of our national infrastructure,  the horrible state of our education system, the less than optimum performance of the factors of production, the high cost of governance, the unacceptably high unemployment rates and the dwindling economic fortunes from the Federation account and internally generated revenue are some of the major issues confronting governments but this David appears unfazed. Prod him a little with questions of this nature and the Mayor retorts with his faith rallying cliche; Nkanu West in Enugu State is in the hands of God. With his response, you can only be left with an impression that Uche is like an idea of which time has come.

    There is no doubt that Uche is poised to deliver within the limit of resources available, even with the aforementioned challenges. As a young man, Uche believes that this opportunity to serve is only but a springboard to higher positions and one of the ways to achieve this is effective service delivery. As he officially takes over the baton to keep the ball rolling, the prayer of every well-meaning Nkanu West man should be that God grant him grace to excel.

    Congratulations to the Mayor of the West, a patriot, and the grandson of “Owa Ad’ho Abuo N’igwe”.