Onyemelukwe: Anambra is ripe for female governor

Chidi Onyemelukwe is a governorship aspirant on the platform of the Peoples Democratic Party (PDP) in Anambra State. In this interview with EMMA ELEKWA, the daughter of former Vice President Alex Ekwueme and the party’s deputy governorship candidate in the 2017 election speaks about her plans for the state and chances at the poll.

 

What are your plans for the state?

My manifesto says it all. Our dear state needs restoration in all facets because over the past eight years people have experienced leadership, trust, fiscal, economic and infrastructure deficits. My priorities are to restore trust and confidence, in both leadership and government; to get our state infrastructure working again; to sustain and protect existing public infrastructure and public properties; to complete viable abandoned projects and place Anambra state on the path to greatness, God being our helper.

What moved you to aspire to govern Anambra?

It is easy to see that things are not working optimally. The situation could get a lot worse if we fold our hands. I am moved by a strong desire to serve selflessly. To sustain legacy and to get the job done with the fear of God.  It’s that simple.

What is your motivation in the race?

Leadership is about service. I am privileged to have been well travelled. I have been to places where things work and are taken for granted. Even here in Nigeria, in the so-called good old days, potable water was available in most urban areas, the roads were few but well maintained, public properties were well maintained by the Public Works Department (PWD). If we improve the quality of life, give our people hope and better life that ought to be sufficient motivation. As the saying goes, to whom much is given, much is expected. I want to give back. I want a state that our children are proud to call home. As a child growing up, holidays in the village were always the highlight of my year. These days, the young ones are mostly looking for a way out. A lot has gone wrong. We need to get back on the right track.

What would you do differently, if given the opportunity?

Our approach of doing things differently will be dual-tracked: create opportunities and an enabling environment to make governance seamless and introduce reform and strengthen our public institutions. So we will bring experience to the table, follow due process, and accountability anchored on the fear of God. Our governance mantra, ethics and values will be premised on accountability and transparency. We shall offer opportunities for our people to get affordable healthcare, good education, gainful employment and dividends of democracy. We will engage in gender mainstreaming at all levels, bureaucratic and political. Elective and appointive positions will be based on a 60:40 ratio.

If given the opportunity, my team and I, shall reform and strengthen our governance institutions to serve the public interest and the common cause, guarantee investors’ interest and confidence restore capital inflow and sustainable development. Our budgetary process shall be transparent and results-based. Our policies will be people-driven. Anambra State will be fiscally secure and solvent under my watch.

What is your take the influx of billionaires into the race?

Money is good as what it can buy for you. It could also be detrimental, if not well deployed. Campaign financing laws took care of that. No candidate can justifiably exceed the N200 million spelt out by the Electoral Act for vying for governorship. Doing so is sufficient grounds for disqualification. So, wealth is just one attribute of the race. Someone mentioned to me that Anambra has the highest concentration of millionaires and billionaires. So it’s only natural that some of them aspire to govern the state. What is key, is what added value each aspirant brings to the table.

Read Also: Anambra 2021: Fresh rumbles in PDP over zoning

 

What do you think the state lacks that you will provide?

Like Nigeria, Anambra State is blessed with human and material resources. Really, we lack nothing in that sense. What we need is focused, transformative, adaptive and purposeful leadership that will deploy its energy and the state’s finances and resources in promoting the common cause, welfare and giving our people a better life. Of course, in doing so, one would strive to provide facilities that would address the unmet needs, in housing, healthcare, education, food sufficiency potable water, power, employment and infrastructure.

What is your rating of the serving governor and those before him?

By the mercies of the Almighty, in 2017, I ran on a joint ticket as deputy to Oseloka Obaze. Today, I am running for the top job so my ratings stand a great risk of being viewed as biased. Such assessments are the prerogatives of the Anambra people. I will suggest that you direct your question to the everyday citizens of Anambra State. They are in a better position to provide an unbiased answer to those questions. But so you don’t think I’m doing the dodge, I’ll tell you this. As a citizen, I have one vote. And I know that in 2017, I did not vote for the incumbent.

Do you think your party can win the November 6 poll?

The PDP is in the race to win. I am in the race to win. Many believe that the ruling parties, both at the central and state levels have not acquitted themselves creditably and therefore traditional and primordial sentiments alone, cannot return or put them in power in Anambra state. It’s time for a reality check. The outcome of the November 6 election, barring anything untoward, will be in the hands of the Anambra electorate, and of course, in the hands of God.

In your view, what would be the role of former Governor Peter Obi and others in the choosing of the next governor?

The PDP is the longest and presently the only active party amongst those founded at the cusp of the return to democracy in 1999. We have the institutional capacity, institutional memory, and sagacious stakeholders and leaders. These leaders, like Peter Obi, are highly respected and wield sufficient influence to advise the party on how to do things right in the interest of the party and to ensure equity, credibility and transparency. Insofar as their individual and collective influences are germane and in tandem with the aspirations of the party, their respective roles remain critical.

What are your plans for the state as governor?

I want to take Anambra from good to great. In the pecking order of states and in all facets – good governance, solvency, economic, political, education, industry and commerce, housing, welfare, revenue generation, power sufficiency, and infrastructure – I want to see Anambra ranked in the top five in Nigeria, and consistently so. That is my plan.

Many believe Anambra is not yet ripe for a woman as governor. What gives you the confidence that you can overcome that perception?

Such perception could be misinterpreted as being sexist; but I won’t go that route, since I know there is a cultural angle to it. Anambra needs a female governor because we need to do things differently. Moreover, today in Nigeria we have had a female Chief Justice, a female Admiral, A female Army General, female senators – indeed Anambra has two presently- and female captains of industry. We have also had a female deputy Governor and Governor in Anambra State. So, where is this ‘not being ripe’ coming from? I think we should leave the perception and deal with the realities. My confidence comes from God and from my God given abilities.

Do you think you have enough political pedigree to clinch the ticket against several tested personalities?

With all modesty, if political and social pedigree are the only factors for winning this election, I believe I’m in good stead to be the next governor of our dear state. Of those you refer to as tested, none became governor, and just a few have been on the ticket of major parties either as candidate or deputy. So, we are all essentially at the same level. What matters most, is what Anambra needs at this juncture to leapfrog from stagnation to eminence and prosperity. I’m offering myself and my services to make that dream a reality.

Some under-aged children are roaming the streets selling different kinds of commodities. How can you help curb such activities?

Our platform has offered the solution to addressing the scourge of out-of-school children, of which there are over 13 million in Nigeria. Our approach will be simple but efficient and practical: we intend to invest aggressively in primary, secondary, vocational and tertiary education. We will also make Primary and Secondary education mandatory and free up to the Junior Secondary level in order to lower out-of-school and dropout rates. We will devote UN prescribed budgetary allocation of 26 per cent to education. That ought to do the magic.

 

No room for criminals in Osun, says Oyetola

By Toba Adedeji, Osogbo

 

The governor of Osun State, Adegboyega Oyetola has warned that his administration will not give room for criminals in the state, irrespective of social status.

Oyetola, issued the warning during his meeting with Non-Indigenous Communities including the Hausa, Igbo, Tivs, Ebira, Igede, Igala and Fulani resident at Osogbo held at Adenle Grammar School Ayetoro Osogbo, the state capital.

The governor, who was represented by his Special Adviser on Civic Engagement, Olatunbosun Oyintiloye, charged residents to abide by the laws and orders, as the government would not condone any erring individual or group irrespective of social, religious and ethnic consideration.

Oyetola said peaceful coexistence has been fostered by his administration’s continuous engagement with all social strata, including the non-indigenous communities.

Read Also: Our government’s impact felt in all sectors, says Oyetola

 

“Although no society is free of crime the combination of our policy frameworks of engagement and the cooperation of all non-indigenous communities has been the source of our strength in managing the issues and nipping them at the bud.

“The state of Osun treats all with fairness, justice and inclusiveness without giving prejudice to social, religious and ethnic consideration, thereby making both the aborigines and the non-indigenes to be seen as stakeholders in policy formulation in the state governance process,” Oyetola said.

In his remark, the Senator representing Osun Central Senatorial District, Ajibola Basiru appreciated the non-indigenous communities for their unwavering support for the current administration, emphasising that the program was necessary for maintaining the peace and stability the state currently enjoins.

Ajibola who doubles as the senate spokesperson also underscored the importance of continuous engagement as only a virile means of managing series of ethnic challenges as well as sustaining peaceful coexistence in the country.

 

Dare: A promising leader at 55

By Biodun Owoborode

 

Not every superhero wears a cape, but this one is certainly bespectacled and loves really nice suits. He may not have x-ray vision but his vision is laser-focussed on the goal of Youth excellence. He may not be able to scale a tall building in a single bound but he will catch a flight to the ends of the earth if it would advance the cause of sports in Nigeria. He may lack the energy to outrun a speeding bullet but he would willingly take a bullet for Nigeria. This is all true of the man who is 55 years young today but still packs the enthusiasm and strength of an adolescent. Step forward,  Mr. Sunday Dare, the Honourable Minister for Youth and Sports Development.

So, how do you write about a man, whose journey began in the Tin City of Jos, which has been home to so many illustrious Ogbomoso people for generations? How do you trace the history of a man who chose the most dangerous job in his country under the Military Junta and spent his days investigating and publishing human rights violation stories and his nights dodging assassin bullets? How do you aptly describe the sojourn of a man that has Oduduwa’s blood running in his veins but speaks Hausa like a Kano native? How do you categorise a career that has journalist in the beginning, Voice of America Editor-in-Chief in the middle and is currently experiencing the position of Federal Minister? Am I even qualified to write this piece?

I guess I will write about what I know and leave it at that. As a child, I did watch and admire Egbon Sunday Dare do daring things. As a boy in Jos, I often read his stories in the papers with a sense of pride and looked forward to seeing him each time he visited. Then, he had to leave the country in a rush and we lost touch. While I followed my passion and became an architect, he pursued his and became a celebrated journalist. His return to the country after democracy was restored, meant he had options and he took one of them. He chose to serve as Media Adviser to the Former Governor of Lagos State and National Leader of the All Progressives Congress (APC), Asiwaju Bola Tinubu.

Being a smart man, he used this opportunity to learn the skills of politics and who else was better than the Jagaban of Borgu? For years, he absorbed from the leader and grew his contact base. He played his part in the amalgamation of the several parties that came together to form the juggernaut party that could stand and beat the ruling party in 2015. He played the role of peacemaker, massaging huge egos until the marriage was consummated. Having accomplished the almost impossible, it was time to move on up. And that he did with his usual aplomb.

In 2016, he was appointed as the Executive Commissioner, Stakeholder Management, at the Nigerian Communications Commission. Here, he brought renewed energy and vigour to the job. Journalism had expanded his world view and he was quick to see the linkages between having a sound digital economy, progressive ideas, productive jobs and enhanced national security. Many of the projects he kicked-off and anchored are today the cornerstone of the fight against insecurity and insurgency. However, before he could see these projects through, he got a higher call.

In his wisdom, His Excellency, President Muhammadu Buhari, who has known and worked directly with Mr. Dare for years, saw in him the man to champion his Youth agenda. He appointed him as Federal Minister of Youth and Sports Development and gave him his marching orders. “Sunday, keep the Youth busy!”. Those orders were as clear as any General could be. Dare knew what was expected.

From his first day in office, it was clear to all that this Minister was different. While others had found succour hiding behind success in sports, mainly football, he declared that the age of Youth development had come. He was determined to invest as much energy and resources in getting the Nigerian Youth ready for employment in today’s global economy, as he was in making sports more viable. “We are going to ensure that sports and youth development are placed on even keel”. Those were his words and he immediately went about making it happen.

Within weeks of his appointment, he and his team of agile aides had come up with a plan he coined “the New DEEL for the Nigerian Youth”. DEEL stands for Digital literacy, Employability, Entrepreneurship and Leadership. This initiative has defined his drive since and he has never looked back. Despite having one of the lowest budgets of all ministeries, Mr. Dare has intelligently created opportunities for young people to be gainfully employed after securing trainings, internships and mentorship programmes for them. Through his conceptualization, the Federal Executive Council in August 2021, approved the establishment of the N75 billion Nigerian Youth Investment Fund (NYIF), that seeks to finance the budding business ideas of millions of youth entrepreneurs. While the pandemic lockdown lingered, interested Nigerian Youth were online getting digital skills for free from Microsoft, a deal secured by the Minister. While sportsmen the world over were groaning in hunger due to Covid-19 restrictions, Mr. Dare facilitated the payment of allowances to hundreds of Nigerian athletes. He fought to ensure they could feed themselves while idle.

His initiatives did not stop with care for sports professionals. Being a creative mind, he knew that sports development depends a lot on infrastructure. So, to resurrect the National Stadia in the country, he got creative. He reached out to philanthropists in the country through the vehicle of his “Adopt Campaign”initiative and made a compelling case for the rehabilitation of the stadia. As we speak, the Moshood Abiola National Stadium, Abuja, and the National Stadium, Surulere, are wearing new looks. Chief Kesington Adebutu and Alhaji Aliko Dangote, who have always respected Mr. Dare, believed in his vision and made the funds available for these rehabilitations.

Living and studying abroad has its advantages. One thing that bothered  Dare was how to make sports a viable business industry as available in Europe and America. He quickly sought and cemented a partnership with several critical stakeholders across the private and public sectors which include the Nigeria Ecomonic Summit Group, whom he all tasked with the job of developing a “Sports Industry Policy”. This they have done and awaits adoption as the new National Sports Industry Policy by the Federal Executive Council. Now, investment in sports will enjoy the same protections and benefits as all other legal businesses in the land. The opportunities for growth are unlimited.

After achieving so much, it was no surprise that his people found Mr. Dare worthy of a traditional title. On March 11th this year, he was installed  as the Agbaakin of Ogbomosho land  by the Soun of Ogbomosho, Oba Jimoh Oyedunni Oyewumi Ajagungbade III.

The honour was in recognition of his strides in the development Ogbomosho and the country at large which has seen him renovate the Soun Stadium, train 40 coaches, and facilitated many youth development projects. It was a sign that not only is he loved outside his home but that his people know exactly what a gem he is.

So, when I say Dare is a superhero, I know he is of the capeless variety. He always carries the burden of dozens on his back and tends to leave a huge hole each time he leaves a place. His capacity for work is voracious and he is fiercely loyal. On the occasion of his 55th birthday, I wish him more energy and grace to accomplish much more.

 

Oyo set to establish Office of Public Defender

By John Austin Unachukwu,  Adebisi Onanuga and Yinka Adeniran, Ibadan

 

Governor Seyi Makinde of Oyo State has declared the readiness of his administration to defend public interest and make legal aid accountable to indigent citizens.

He made the disclosure while speaking at the  2021 Nigerian Bar Association- Section of Public Interest and Development Law (NBA-SPIDEL) Annual Conference, with the theme: ‘The Role of Public Interest in Governance in Nigeria,’ at Jogor Event Centre, Ring Road, Ibadan.

He said: “Our Attorney General and Commissioner for Justice, Prof Oyelowo Oyewo, transmitted an executive bill to the Oyo State House of Assembly proposing the establishment of the Office of the Public Defender.

“I am happy to report that this process was finalised in record time. This further guarantees the rights of citizens of Oyo State and delivers on our core mandate on justice reforms.

“As we continue to engage in these important conversations, the citizenry is given a chance to better understand the issues at stake and the role they must play in achieving the level of development that we all look forward to in this country”, he said.

Makinde also urged legal minds to help unravel and create the right balance between availability of information in the public interest and classified information that should not be in the public domain.

Makinde while speaking on the theme of the conference, noted that although many people want good governance, the methods of achieving it seem to keep eluding the country.

He lamented that, even when it comes to the relationship between public interest and governance, things get even trickier.

He said: “Let me take a few moments to talk about the theme of this conference – The Role of Public Interest in Governance in Nigeria. Today in Nigeria, everyone wants good governance. But the methods of achieving it seem to keep eluding us. When it comes to the relationship between public interest and governance, things get even trickier.

“For example, getting the balance right regarding availability of information in the public interest and classified information that should not be in the public domain. We are living in an age where people are demanding more from those in authority.

“Citizens are calling for greater transparency and accountability, and they are demanding more inclusiveness. I hope that we would have moved several steps closer to finding that balance at the end of your deliberations.

“I have also had the opportunity to look at the themes and sub-themes of some of the sessions. I must say that they have been well chosen to put good governance in Nigeria on the front burner of national discourse.”

President of the Nigerian Bar Association (NBA)  OlumideAkpata in his address, noted that the country is going through a lot of challenges, saying that the NBA is concerned about the deteriorating state of insecurity, gradual monopoly of the Nigerian state over use of force and arms.

“From the North,  East,  South and West,  we are faced with clear and   threat to sovereign integrity of Nigeria in a manner unprecedented.

“All over the country,  it is as if government could no longer provide security for the country.”

Akpata lamented that the country has become beleaguered and desperately yearning for enthronement of good governance .

He said this is what the conference is trying to achieve.

The  Chairman, NBA-SPIDEL Conference ,Prof Paul Ananaba ,SAN,  in his welcome address said the difference between Nigeria and many countries we admire is public interest.

He said  the disregard to eminent role which public interest ought to play in governance is the bane of pitiable condition the country had found herself.

According to Ananaba, public interest has siblings like patriotism, national interest,  selflessness,  country first among others.

He said the match to nationhood may be a mirage without public interest taking a centre stage.

“When public interest in enthroned,  corruption, nepotism and other vices will flee away. When we fight corruption without public interest, the result will be minimis.”

Ananaba stressed that public interest is one of the various mechanisms that can enhance change in both public and private life.

“Checks will be in place through public opinion and court decisions that reform legal rules, enforce existing laws and articulate public norms”, he added.

NBA backs constitution review, state police

By John Austin Unachukwu and Adebisi Onanuga

 

The Nigerian Bar Association (NBA)  has called for a constitutional review and a restructuring of the country such that each region is strengthened.

It said the exercise must be one that will ensure security of all citizens to enable them have a sense of belonging, stressing that this  “will take away all feelings of marginalisation that several regions are complaining about. “

This was the core of a communique issued on Wednesday at the end of NBA Section on Pubic Interest and Development Law (NBA-SPIDEL) Conference which held at Jogor Event Centre, Ibadan between May 23 and 26 .

The theme was:  ‘The Role of Public Interest in Governance in Nigeria.”

The communique was signed by NBA-SPIDEL chairman, Prof. Paul Ananaba(SAN) and Chairman,  NBA-SPIDEL 2021 Conference Planning Committee,  Monday Ubani.

The conference noted that the current federating structure of the Nigerian State is clearly unwieldy and the debilitating situation is clearly seen in the spate of security crises in the country.

NBA-SPIDEL expressed concern over the various challenges facing the country which it noted has brought her under siege.

It therefore, urged the Federal Government to champion the creation of state police to curtail security challenges.

It said the move will in addition reduce over-reliance on national security outfits for preservation of lives and property.

The association said the frequent bloodletting occasioned by the incessant clash of farmers and herdsmen necessitated the need for an urgent intervention to stop the ugly situation.

NBA-SPIDEL supported the ban on open grazing by states of the federation and urged other states yet to join the development to adopt the ban by the institution of appropriate laws to prevent further clashes and ensure the preservation of lives.

It argued that there is the need for the Federal Government to invest in and institutionalise ranching in the country.

“The cardinal duties of the state governors are to protect lives and properties within their states.

“To this end, it is proper for state governors to establish state policing outfits like ‘Amotekun’ and ‘Ebube Agu’ for the protection of lives and properties of their citizens.

“NBA-SPIDEL supports the establishment of regional vigilantes by state governors to assist the Nigerian Police protect the lives of all Nigerians.”

The conference lamented the continued disobedience to court orders by state governments and the failure of their Attorney Generals to be able to advise them appropriately.

It lamented that cases of disobedience to court orders are on the increase and that this sad state of affairs must be stemmed as accountability in governance cannot be promoted if court judgments are not obeyed and the rule of law is consistently negated.

The conference, therefore, urged the NBA to amend its rules of professional conduct to include provisions compelling all Attorneys-General to ensure that their governments obey court orders.

It also advised that any Attorney General that fails to do so be heavily sanctioned accordingly.

It observed the disconnect between a large segment of the legal profession and the ideals of public interest lawyering, owing to the obvious gaps in the legal education curriculum.

It, therefore, urged the government to make people-oriented policies which are ultimately for the welfare and security of the people.

The conference also urged lawyers to view public interest lawyering as an avenue to enhance the relationship between the ordinary citizen and the judiciary.

It also encouraged all human rights activists to get involved in public interest lawyering irrespective of their area of practice.

How not to provide psycho-social support to SGBV survivors

Lagos State government, through its Domestic and Sexual Violence Response Team (DSVRT) is equipping nurses with skills on how to apply psycho-social support to survivors of gender-based violence to ease their pains and post-event trauma, ADEBISI ONANUGA reports

 

Nurses from different health facilities in the public and private hospitals were assembled in Lagos for training on how to apply psycho-social counselling to survivors of gender-based violence.

No fewer than 150 of them were drawn from 26 General Hospitals, 57 Comprehensive Primary Health Centres (PHCs) and six private hospitals. Other participants were from six private hospitals including Agape Medical Centre, R-Jolad Hospital, Bee Hess Hospital, Mobonike Hospital, Faleti Medical Centre and New Merit Hospital.

The state’s Domestic and Sexual Violence Response Team (DSVRT) is conducting the training in partnership with the Lagos State Primary Healthcare Board, the Lagos State Ministry of Health, with the support of the Ford Foundation.

The three-day training programme organised for the nurses held at the Conference Room of Lagos Chamber of Commerce and Industry (LCCI), Alausa, Ikeja.

According to the State Primary Healthcare Board, Dr Veronica Iwayemi, nurses who are part of first responders must arm themselves with the knowledge of psycho-social counselling to reduce the trauma faced by survivors of Sexual and Gender-Based Violence (SGBV).

Speaking during the opening of the three-day programme, Dr Iwayemi said perpetrators persist in their nefarious act when they know that victims have no way of seeking help. In such a situation, she said the act would continue.

She said SGBN can be a family problem if not curtailed, explaining how it could go from a father who constantly beats his wife, to the son who might become a bully in the school and goes down the line.

She said the victim becomes in-secured in a situation where help doesn’t come early.

Dr Iwayemi said negligence could result in child abuse in a situation where a mother is covering up the bad deeds of a brother or an uncle violating a daughter, for instance, to save her marriage to the detriment of her child.

She argued that the training of nurses and other social workers on psycho-social counselling is very important because they are the first contact in the collection of evidence in cases of gender violence.

She said this is why they must be gentle and speak in a manner to calm survivors to get evidence and collate data from the event the survivor experienced. She said their conduct must elicit sympathy and understanding to gain the trust of survivors of gender-based violence.

According to her, “nurses are the largest number of staff we have in the healthcare workforce.

“Training in psycho-social support starts from the way you introduce yourself to the survivors when you’re taking evidence. Because it is a traumatic event, survivors need empathy and kindness,” she said.

She reminded them against calling somebody who has gone through a traumatic experience a “victim” but to use the word “survivor” to create friendship.

She however, lamented that sexual-based violence is still underreported despite efforts being made to encourage survivors to speak out.

She listed factors contributing to the low report of gender-based violence to include societal stigma, family denials, inadequate sanctions, cost of litigation, slow pace of justice, threats, victimisation, religious beliefs among others.

She said this explained the various initiatives by the state government to reverse the trend.

She listed steps taken to stem gender-based violence to include the enactment of the Child Rights Law, establishment and sustenance of the Child Protection Unit of the Ministry of Youths and Social Development, creation of the DSVRT in 2014, training of Primary Health Workers in sexual assault management and development of data, free test for survivors, the establishment of Sexual Assault Intervention Fund and establishment of the DNA Forensic Laboratory.

The Executive Director of the Institute of Counselling, Dr Tolulope Oko-Igaire, reminded the nurses that they are in the profession because they want to help survivors, stressing that this was the reason for doing what they are doing.

She described counselling as the art of “taking people out of incongruence to a more functional state.”

She said proper counselling of survivors would give them a safe space to open up on their troubles and assist them to make the right decision for themselves.

She said for them to offer good counselling to survivors, nurses must have: “a counselling plan, be emphatic, possess listening skills, must not be judgmental, and understand confidentiality,” among other skills.

She told them that a lot rests on their shoulder as first responders and that they should do what is right with the knowledge gained.

She advised that every healthcare facility must have a unit where a therapist can sit to attend to survivors for them to be at ease.

DSVRT Coordinator Mrs Titilola Vivour-Adeniyi said the idea of the training is to build the capacity of the nurses to provide psycho-social support for survivors of gender-based violence.

Mrs Vivour-Adeniyi said: “The idea is that when a survivor presents himself or herself at a health facility, aside from receiving head-to-toe medicinal examination, their mental state of mind would also be treated.

“Because they have gone through a traumatic experience, they need psycho-social support, they need counselling to calm them.

“This way, we are able to provide holistic, total care management to survivors”, she said.

Problems with enforcing international arbitral awards in Nigeria

In the light of growing preference for arbitration as a means of resolving commercial disputes across the globe, Alice Lawrence reviews the challenges of enforcing international Arbitral Awards in Nigeria.

 

Arbitration is the most common and most preferred means of resolving international commercial disputes. The benefits of arbitration include relative speed, privacy, and party autonomy in selection of their umpire.

The beneficiary of an Arbitration Award expects that it should be complied with; in the event that it is not, resort must be had to legal mechanisms of the State to enforce the Award. The resort to these mechanisms is fraught with legal technicalities that must be navigated to a successful outcome.

In 2019 Nigeria was ranked as Africa’s largest economy and one of the world’s largest exporter of crude oil. Nigeria also produces a large proportion of the goods and services for the West African sub-continent.  In order to realize the economic potentials of Nigeria as an investment destination, the enforcement of International Arbitral Awards must be streamlined for greater efficacy.

This essay is an attempt to review of the relevant laws and structures for enforcement of International Arbitral Awards, identify the areas where improvement is needed, and proffer possible solutions. Some of the solutions suggested require constitutional amendment; others, suggest more uniformity and clarity to Court rules. The author proffers solutions which if implemented would make Nigeria an even more attractive investment destination in the years to come.

 

Introduction

“Interestingly, ‘greater certainty and enforceability of awards” was selected as the second most likely factor to have a significant impact on international arbitration in the future. It should be noted here that “enforceability of awards” was consistently ranked the most valuable characteristic of international arbitration both in the 2015 survey and in the current survey ….. The fact that 43% of respondents take the view that greater certainty and enforceability of awards is likely to have a significant impact on the future of international arbitration may be indicative of a perceived gap between the theoretical ease of award enforcement promoted by the provisions of the New York Convention and potentially less successful practical experiences of respondents seeking to enforce arbitral awards in various jurisdictions”

Arbitration is the most preferred and common form of resolving commercial disputes. Its advantages includeflexibility, relative speed, privacy and party autonomy. However, there is no point to undertaking Arbitration if the Award will not be complied with; if compliance is not voluntary, there must be effective means of enforcing the Award.

It is the practical difficulties with the enforcement of International Arbitral Awards that is the subject of this work.

Chapter One explores both national and state arbitration laws in Nigeria and their  effectiveness in Nigeria. It will also examine the New York Convention and other treaties and conventions relating to arbitration in Nigeria, such as the Convention on Settlement of Investment Disputes, the United Nations Commission on International Trade Law (UNCITRAL) Model Law and the Economic Community of West African  tates(ECOWAS) Energy Protocol. Arbitration bodies such as the Chartered Institute of Arbitrators UK and the Lagos Court of Arbitration among others, will also be reviewed.

Chapter Two details the legal framework for enforcement of International Awards, and the judicial processes required for successful enforcement of International Awards in Nigeria under the New York Convention, ICSID Convention and otherwise.

Chapter Three identifies the practical problems encountered in navigating the framework for International Awards enforcement in Nigeria. Some of the problems highlighted are delay, lack of training of judicial officers, legislative inaction and systemic problems in the legal system of Nigeria itself.

Chapter Four suggests the author’s solutions to the problems examined in Chapter Three. It is hoped that this work will in time result in necessary changes to the legal framework for enforcement of International Awards in Nigeria, and enable Arbitration deliver on its promise of effective and efficient resolution of commercial dispute, and contribute to the economic prosperity of Nigeria and Africa.

Enforcement Of International Arbitration Awards under the Arbitration and Conciliation Act International Arbitration Awards are enforceable in Nigeria (in practical terms) under the Arbitration and Conciliation Act in substantially the same manner as Domestic Awards. However, as we shall see, they may also be enforced under the Foreign Judgments (Reciprocal Enforcements) Act.

Sections 51 and 54 of the Arbitration and Conciliation Act make provisions for enforcement and recognition of International Awards.

Section 51:

(1) An Arbitral Award shall irrespective of the country in which it so made, be recognized as binding, and subject to this Section and Section 3 2 of this Act, shall upon application in writing the Court, be enforced by the Court.

(2) The Party relying on an Award or applying for its enforcement shall supply-

1. The duly authenticated Original Award or a duly certified copy thereof; and
2. The Original Arbitration Agreement or a duly certified copy thereof; and
3. Where the award or arbitration agreement is not made in English language, a duly certified translation thereof into English language.

Section 54:

Without prejudice to Sections 51 and 52 of this Act, where the recognition and enforcement of any Award arising out of an international commercial arbitration is sought, the Convention on the Recognition and Enforcement of Foreign Awards (hereinafter referred to as the Convention’) set out in the second schedule to this Act shall apply to any Award made in Nigeria or any contracting state;

1. Provided that such contracting state has reciprocal legislation recognizing the enforcement of Arbitral Awards made in Nigeria in accordance with the provisions of the Convention;
2. That the Convention shall apply only to differences arising out of the legal relationship which is contractual. The Convention referred to above is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10 1958 (also known as the New York Convention).

 

Nigeria acceded to this Convention in 1970, declaring that it would apply the Convention to enforcement of Awards made in states party to the convention and where the relationships of the parties would be considered commercial under the laws of the Federal Republic of Nigeria.

In effect, Awards emanating from states not party to the New York Convention may not be enforced under Section 54 of the Act, and Awards so emanating from such states may only be enforced if the relationships between the parties would have been considered a commercial relationship in accordance with Nigerian Law.

An Award that fails to satisfy criteria set forth by Section 51 of the Act may however be enforced under Section 51.  One benefit to enforcement under Section 54 is that the costs of enforcement under the New York Convention are required to be the same with enforcement of Domestic Arbitration Awards. The technical requirements of the Application for recognition and enforcement of the Award (with regard to manner of application and accompanying documents to be presented to the Court) are identical to Section 51.

 

Enforcement of International Arbitration Awards under the Foreign Judgments (Reciprocal Enforcements) Act

The Foreign Judgments (Reciprocal Enforcements) Act is an act of the National Assembly of Nigeria; so is the Arbitration and Conciliation Act.

None of the provisions of these Acts are made subject to the other, so where they make provisions on the same subject matter of enforcement of Arbitration Awards, they offer alternative means of securing the same objectives, each as valid at law as the other.

The objective of the Foreign Judgments (Reciprocal Enforcements) Act is to make provisions for the enforcement in Nigeria of Judgments given in foreign countries which accord reciprocal treatment to Judgments given in Nigeria. Section 2 of the aforesaid Act interprets Judgment to which the Act applies to include “..an award in proceedings in an arbitration if the award has in pursuance of the law in place where it was made become enforceable in the same manner as a judgment given by a Court in that place…”

However, only judgments of the Superior Courts of the country making the judgment may be enforced in Nigeria under this Act. By the combined effect of Section 2 and Section 3(2), awards to be enforced in Nigeria under this Act must have become enforceable by the Superior Court of the Country where the award was made in order to be enforced under this Act.

It would therefore appear that where, by the Laws of the Venue of arbitration, the award is entitled to be enforced as a Judgment of the court of that country, without further registration as a Judgment of the court of that country, such an Award would be enforceable in Nigeria upon satisfaction of the rules of Court in Nigeria prescribing

what matters the application for enforcement is required to satisfy under Section 5 of this Act.

However, where the Award would have been required to be registered as a Judgment under the laws of the Venue, in order to become enforceable as a Judgment of the court of the country of Venue of Arbitration, the Award would have to be registered in that country before being registered (not as an Award, but now as a Judgment of that Foreign Court) in Nigeria for purposes of enforcement (in effect, Registration has to be effected in the Court of that foreign country to make the Award enforceable as a Judgment, before application to enforce would commence in Nigeria).

It is worthy of note that the provisions of this Act under consideration specify Venue of Arbitration and not Seat of Arbitration as the determining factor in evaluating Arbitral Awards. This shall be further considered in subsequent chapters of this essay.

An Award to be enforced under this Act shall be enforced further to application made to the High Court or Federal High Court of Nigeria (and to no other Court as the interpretation section of the Act under consideration defines Court to mean these two Courts, and does not mention the National Industrial Court which was not in existence at

the time).

The fact that the Nigerian Court would have been precluded from making such a judgment on particular terms or subject matter in an action commenced before said Court is not a bar to enforcing such terms in a foreign award or judgment.

Generally, the application to enforce the award would be accompanied by a Certified Copy of the Award, a Certified Copy of the Order of the Court entitling the Award to enforcement in the Venue of the Award (where applicable), and a statement that the Award/Judgment was wholly or partially unsatisfied.

A registered judgment may be set aside or registration refused under Section 6 of this Act where the party against whom the judgment is sought to be enforced can satisfy the Court that:

1.     The Judgment emanates from a country where the Minister of Justice (Nigeria) has made an order refusing enforcement arrangements to that country.
2.    That the Judgment was registered contrary to the provisions of the Foreign Judgment (Reciprocal Enforcements) Act.

iii.    That the court of the country of Original Venue had no jurisdiction in the circumstances of the case.

1.    That the party against whom enforcement is sought was not sufficiently notified of the proceedings in order to afford him opportunity to present his case.
2.     That the Judgment was obtained by fraud.
3.    That the enforcement of the Judgment would be contrary to public policy in Nigeria.

vii.    That the rights under the Judgment do not vest in the party seeking to enforce the judgment.

An Order of Court made under these provisions to enforce or refusing to enforce an award, may be appealed to the Court of Appeal and thence to the Supreme Court of Nigeria.

2.2.1   Enforcement of International Arbitration Awards under the International Center for Settlement of Investment Disputes (Enforcement of Awards) Act Nigeria is a signatory to the 1965 Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States (also known as the ICSID Convention or the ‘Washington Convention’.

Domestic provisions to give effect to Awards pursuant to the Convention are provided in the International Center for Settlement of Investment Disputes (Enforcement of Awards) Act. Section 6, Article 53 of the Convention provides that Awards shall be binding on the parties and shall not be subject to appeal or review save as provided by the Convention. Article 54 (1) obliges the contracting state to recognize the award as a final judgment of that country enforceable in that country.

Section 1 of the International Center for Settlement of Investment Disputes (Enforcement of Awards) Act provides that copies of awards certified by the ICSID Secretary General to be enforced in Nigeria shall be registered administratively in the Supreme Court of Nigeria and upon registration shall be enforced as a Judgment of the Supreme

Court of Nigeria. Upon registration, the Award is not subject to appeal or review, and the registration by the Supreme Court is also not subject to any review.

PROBLEMS WITH ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARD IN NIGERIA

Where a Judgment Debtor fails to comply with the terms of an Award against him, the victorious party engages the machinery of state to enforce the Award. However, this is often where the promise of arbitration fails, as the speed and relative lack of technicality or arbitration runs into technical quagmires in the enforcement of Awards.

The problems with enforcement of Arbitration Awards in Nigeria will be discussed under the following headings:

1.     Delay
2.     Undue and Inconsistent Technicalities
3.     Legislative Inaction
4.     Lack of Training in Arbitration

This chapter is an attempt to examine these problems and reflect on the present state of affairs in Nigeria and suggest solutions in the next chapter.

 

 

SUGGESTED REFORMS AND SOLUTIONS TO PROBLEMS WITH   ENFORCEMENT

OF ARBITRAL AWARD IN NIGERIA

In the preceding chapter, we examined some of the problems encountered in the process of Enforcement of Arbitral Awards in Nigeria. This chapter is dedicated to suggesting reforms and solutions.

4.1.    Granting Special Classification to Arbitration Assistance Despite the delay of actions in the courts, some applications are given accelerated hearing by virtue of the Rules of Court and legislative instrument. Examples are Fundamental Rights Proceedings and Maritime Claims. Some proceedings are assigned to special courts

(for example Juvenile Courts to handle Family Law issues arising from the Child Rights Act). These actions are heard on fast track, delays are met with punitive action and judgment is quickly rendered.

Presently Arbitration Assistance by the courts does not have such classification, and arbitrations in need of Judicial Assistance get bogged down in intractable delays. There is no clear procedure for the Arbitration Assistance contemplated by the Arbitration and

Conciliation Act.

It suggested that Arbitration Proceedings generally be classified as special accelerated proceedings. This classification would provide the judicial impetus to effectively discourage delay by the parties, grant judges power to impose stiff fines for tardiness, and effectively fast track the process of Arbitration generally.

It is also suggested that the saving provisions of the Supreme Court Act and the Court of Appeal Act allowing the decisions of a Justice to be read in his absence by his brother Judges could be extended by legislative instrument to apply to actions concerned with Arbitration assistance and enforcement of Awards.

 

 

 

4.2.    Enactment of Specialized Rules of Court for Arbitration.

 

As has been stated earlier in this work, there are no unified specialist rules in relation to Applications to enforce or set aside Arbitration Awards. There are also no specialist rules for Arbitration Assistance applicable throughout Nigeria.

 

It is submitted that Specialist Rules in this regard would be a welcome development to streamline and standardize the manner and technical requirements of application to enforce or set aside Arbitration Awards, and also deal with the technical issues of

Judicial Assistance to the Arbitration process. The benefits of this are to create a uniform standard across the Courts, and clarify expectations to applicants and to Judges. With a uniform set of rules, training Judges and legal counsel would also be an easier task. The

decisions of the Appellate Courts could also be streamlined to avoid confusion.

The specialized rules could also expedite hearing by specifying timelines and fines for delay, leading to quicker outcomes.

 

4.3.    Restricting Appeals Process

In the preceding chapter we identified the appeal process as a factor working against the enforcement of awards in Nigeria. Appeals take too long to conclude due to the congestion of the appeal system, with appeals on every technicality and orders to stay proceedings keeping proceedings in stasis for years.

It is suggested that constitutional amendments are in order (as the right of appeal is governed by the Constitution of the Federal Republic) as follows:

1.     The Right of Appeal to the Federal Court of Appeal after an Award is refused or granted recognition should be preserved, with the Court of Appeal as the final appellate court for such proceedings. This would require constitutional amendments.
2.    That the right to appeal arising out of enforcement proceedings should be limited to appeal against the final decision of the High Court; interlocutory orders may only be appealed after the final order is granted, where the appellant has to demonstrate that the

interlocutory order occasioned a miscarriage of justice in the final

order.

iii.    Appeals against such orders made by the High Court must be filed within fourteen days (presently an aggrieved party has three months to file an appeal).

Other reforms suggested (which only require amendment to rules of Court) include:

1.    Appeals in regard of enforcement of Award once struck out may not be relisted.
2.     Appeals must be heard and determined within ninety days of filing the Appeal.
3.    Stiff penalties and costs should be recovered from the losing party where the Appeal is adjudged frivolous.

 

Concluding Remarks

If Nigeria is to realize its potential as the investment capital of Africa, changes need to be made to the legal framework for enforcement of International Arbitration Awards to avoid the frustration of the commercial intention of the parties in making their investments and

undertaking business relations. As the government seeks to diversify the economy and move away from an addiction to oil revenues at the expense of other sectors of the economy, access to enforcement of Awards is a key cog in the economic machine that we hope should be roaring out of the West African coast over the course of the next decade.

 

• Alice Lawrence a PortHarcourt based legal practitioner is a Fellow of the Institute of Chartered Arbitrators (UK). Fellow Institute of Chartered Mediators and Conciliators (FICMC).

German petitions EU, others over Nigeria’s failure to obey order for his release

By Eric Ikhilae, Abuja

 

A German businessman, Martin Gegenheimer detained by the Nigerian Immigration Service (NIS) since February 2020 has petitioned the European Union (EU), his country’s embassy in Nigeria and others over Nigeria’s failure to obey a court judgement ordering his immediate release.

According to the petition by his lawyer, Dr. Daniel Makolo, Gegenheimer arrived Nigeria on February 9 last year on a business visit and obtained the necessary approvals for visa on arrival and legally entered the country with his German passport, numbered: C93X6C4L6 via Kenya Airways flight KQ532.

The lawyer added that his client was officially issued with a month’s business visa, numbered: 0014938 by officials of the NIS at the Murtala Mohamed International Airport (MMIA), Lagos.

“While returning to his base in Kenya on February 23, 2020 he was stopped at the boarding gate of Kenya Airways aircraft after all necessary departure formalities were completed.

“He was subsequently arrested, his German passport seized without retention receipt issued to him. He was not informed of the reason for his arrest and has been in detention in Nigeria since February 23, 2020,” the lawyer said.

Makolo stated that his client later sued the Nigerian government at the Community Court of the Economic Community of West African States (ECOWAS) for unlawful detention and violation of his fundamental rights.

In its judgment on March 4, 2021 the court among others, found Gegenheimer’s arrest and detention unlawful and rejected Nigeria’s claim that he was being held in relation to certain criminal activities.

A three-man panel of the court, headd by its President, Justice Edward Amoako Asante ordered the Nigerian government to immediately release him, release his international passport and pay him costs totalling N63.7m and $10000 for the damages he suffered while being held under unlawful detention.

The court equally ordered the Nigerian government to remove the German’s name from its watch list and “to immediately and unconditionally release his German passport, which was arbitrarily and unlawfully seized by agents of the Nigerian government.”

Makolo, in the petition, stated that about two months after the judgment, neither the Nigerian government nor its affected agent, the NIS has taken steps to comply with the orders made by the court.

He prayed the relevant authorities to come to the aid of his client who is being unlawfully held by the Nigerian government despite a subsisting order of a court of competent jurisdiction for his release and the release of his passport.

Copies of the petition were also sent to the ECOWAS Commission, African Union (AU), the Nigerian Justice and Foreign ministers and the National Human Rights Commission (NHRC).

‘Planned demolition of church building against laid down procedures’

By Eric Ikhilae, Abuja

 

The Deeper Christian Life Ministry (DCLM) has cautioned the Lagos State Government and the Lagos Metropolitan Area Transport Authority (LAMATA) against the planned demolition of its church house at No: 2/4 Biney Street, Yaba, Lagos and forceful acquisition of the land on which the structure currently stands.

It insisted that the planned demolition of the church building does not conform with the procedure set out in the law for acquiring private property for public use.

The church said in a May 27, 2021 letter of complaint to the state government and the Lagos State House of Assembly, written by its lawyer, Nojim Tairu, that it recently noticed that a sizeable chunk of the church’s premises, which serves as the headquarters of its Yaba group, was marked for demolition by the state through LAMATA.

DCLM said it has been in possession of the land for over a decade and has peacefully occupied it until the Lagos State Government marked its structures for demolition without any notice or providing reasons for its action.

The church said it found that some days earlier, a structure adjoining its building was demolished by agents of the state government, while another property on the other side of the church had been evacuated preparatory to demolition.

Stating that it learnt the Lagos State Government/LAMATA demolished the structures to enable it deploy the land for certain public interest, DCLM said it would not object to the state government’s development efforts, but insisted that the proper procedure for acquiring private property for public use must be complied with.

Part of the letter reads: “Whilst our client is not, in principle, against the development of the state and the government’s proposal to use the section of her land for overriding public interest, the irreducible minimum in any clime is  that the government and its agencies, being institutions and custodians of the law, must comply with applicable laws in such circumstance so as not to leave any room for speculations on their intentions/actions or worse still, set a dangerous precedent in that regard.

“In the premises, we look forward to the appropriate formal communication from the government/its relevant agencies on the subject so as to elicit the needed cooperation from our client and set in motion necessary arrangements for what is due and needful in the circumstance, including proper/joint evaluation of the subject property and payment of adequate compensation thereof.

“At any rate, a formal notice/communication on this matter is all the more necessary because both the government and the church are institutions of record with very high responsibility to have and keep proper record and documentation of every event affecting their rights and obligations at any point in time.

“Meanwhile, in order to assist the state to expedite the required process, particularly if the speculated purpose of the land is correct, that is, an integral part of the state’s public transportation/hub, our client has taken the initiative of procuring the services of a firm of estate valuers to assess the property, the open market value of which was put at N140million, as captured in the valuation report attached herewith.”

‘We need radical, revolutionary measures to stop corruption’

A university don, Dr Bamidele Seteolu, has said corruption in Nigeria requires a radical, transformative and revolutionary measures to combat.

Seteolu, of the Lagos State University, delivered a keynote address during a town hall meeting on “Citizens’ Participation in the Fight Against Corruption in the Judiciary, Education and Electricity Sectors”.

The town hall meeting was organised by the Socio-Economic Rights and Accountability Project (SERAP) in partnership with the MacArthur Foundation.

The lecturer said there should be direct open lines in superintendent bodies such as the Ministry of Education and State Universal Basic Education Boards where people could make complaints and agitations against corruption.

“There should be widespread awareness in the media by creating programmes in which people can communicate in their native dialects on corruption-related issues. These programmes should be avenues to discuss corruption.

“There should be anti-corruption clubs in schools, just as we need to mobilise parents to play effective roles in parent-teachers association meetings and board of governors in schools,” Seteolu said.

According to him, education, judiciary and electricity sectors were not spared of corruption.

He alleged that some vice-chancellors, provosts, principals and headmasters were corrupt and awarded contracts to staff members.

“How can you explain an instance when an administrator claims there are no funds and as a result uses staff pension funds despite knowing the laws on pension reforms,” he said.

The don also said that in some higher institutions, Tertiary Education Trust Fund was not being well utilised.

Seteolu added that pupils and students were being extorted via illegal charges by principals and headmasters.

Seteolu said that the health and judiciary sectors were not different as funds were being demanded for basic services by officials.

Earlier, Dr Seidu Ahmed, Senior Technical Adviser to the Minister of Health, Prof. Osagie Ehanire, said that the Federal Ministry of Health was committed to anti-corruption fight.

“The Ministry of Health is committed to cooperating with stakeholders to fight graft.

“The minister of health has a zero-tolerance for corruption and believes it will strengthen the health system for better service delivery,” he said

Falana: President Biden’s intervention necessary in Venezuelan diplomat’s detention

By Adebisi Onanuga

 

Activist lawyer, Femi Falana(SAN) has asked US President, Joseph Biden to prevail on the authorities in Cape Verde to obey the  judgment of the ECOWAS court  which ordered  immediately release of a Venezuelan diplomat, Alex Saab who has been in detention since June 12, last year..

Falana made the request in a letter sent to the US President in Washington DC dated May 17, 2021 and titled  “Human Rights and Rule of Law in Africa”.

Falana who is the lead counsel for the Venezuelan diplomat, argued  that granting the request would attest to his expressed commitment to Human Rights and rule of law.

“Using your leadership position to promote full compliance with the ECOWAS Court judgment would be entirely consistent with your track record and your expressed commitment to respect human rights and the rule of law.

“It would also send a powerful message to other African governments that the United States under your leadership would stand up for human rights and the rule of law.

He drew the attention of President to the fact that in addition to the judgment of the ECOWAS Court which already ordered the immediate release of Saab.

He said the Geneva Public Prosecutor recently stated that there is no evidence whatsoever with which to prosecute Mr. Saab for the offence of money laundering.

“Having regard to the facts and circumstances of this case, I would like to request the Government of the United States to end the apparent pressure mounted on the authorities in Cape Verde to disobey the judgment of the ECOWAS Court and to extradite Mr. Saab.

“ I am also appealing to your administration to demonstrate its readiness to contribute to the promotion of regional integration in Africa in view of “the importance the United States places on universal human rights and the rule of law.”

The letter read in part: “In a judgment delivered on March 15, 2021, the Court of Justice of the Economic Community of West African States (the ECOWAS Court) declared the detention of Mr. Saab illegal, ordered his immediate release from custody and the cessation of the extradition process to the United States.

“Mr. Saabs case is a true test case for your administration to show that it will never support or encourage the habit of governments simply ignoring court orders.

“In this respect, I urge your administration to make clear to the authorities in Cape Verde the importance of respect for human rights and the rule of law by immediately taking effective steps to enforce the ECOWAS Court judgment, and to release Mr. Saab from arbitrary detention.

Read Also: Venezuelan envoy urges ECOWAS Court to halt extradition to U.S.

 

“The ECOWAS Court has done its job, reaffirming the independence of the judiciary, and reinforcing the important message of access to justice for victims of human rights violations.

“Unfortunately, the authorities in Cape Verde are failing to do their job by ignoring the courts judgment.

“The United State Government under your watch should not support or encourage the impunity, and the efforts by the authorities in Cape Verde to undermine the integrity and authority of the West African human rights court.

“Allowing or encouraging the authorities in Cape Verde to ignore and disobey the ECOWAS Court judgment would not only undermine judicial independence and the rule of law but also lead to a denial of justice for Mr. Saab, and a perpetration of impunity by Cape Verde. Judicial independence is the bedrock of the rule of law.

“International standards such as the United Nations Basic Principles on the Independence of the Judiciary stress that judicial independence is a fundamental requirement in promoting human rights and preserving rule of law. “The United Nations General Assembly in Resolution 65/213 of 1 April 2011 reaffirmed that an independent and impartial judiciary is essential for the protection of human rights, the rule of law, good governance and democracy.

Falana said the Venezulean envoy was arbitrarily detained by the Republic of Cape Verde since  June 12, 2020 at the request of the United States of America, despite the ECOWAS  court judgment ordering his immediate release.

“Mr. President, you have been elected with the aim and hope that the United States will re-assume the political leadership position which it has occupied for many decades until the recent past. In this context, I respectfully ask that as you and your team look around for places to rebuild relationships and in some cases create new bridgeheads, that Africa and the African people feature highly in your roadmap for engagement.

“Mr. President, you have assumed your office with the bold assertion that America is back! Indeed, it is reported that during your recent telephone conversation with the King Salman of Saudi Arabia you affirmed “the importance the United States places on universal human rights and the rule of law.

“ Given your track record, I am confident that you would be true to your words, and that especially in the realm of human rights and respect for the rule of law, Africans and Africas legal institutions can count on your support.

“I am therefore appealing to your Excellency to use your good offices and leadership to review the decision of the United State Government in this matter for the sake of justice, human rights and the rule of law. I urge you to encourage and prevail on the authorities in Cape Verde to obey the court judgment and to immediately release Mr. Saab on the basis of the judgment by West Africas highest human rights court”, he stated.

Coalition seeks inclusive, gender-sensitive constitution

By Joseph Jibueze

 

A coalition of 88 civil society and rights organisations has urged the National Assembly to make the constitution gender-friendly and inclusive.

It raised 10 issues that must be considered in the ongoing constitution amendment to make it inclusive.

At a briefing in Lagos by the Executive Director of the Women Advocates Research and Documentation Centre (WARDC) Dr Abiola Akiyode-Afolabi, the coalition, under the EU-UN Spotlight Initiative, said the constitution should adopt a gender-sensitive language.

“The language of the current constitution is largely insensitive and excludes women who constitute half of the population. The word ‘he’ is used 235 times while ‘women’ is referenced only twice.

“The constitution Nigerian women want to see should be inclusive in language and representative,” the coalition said.

It believes the federal character principle under Section 14 (3) should include the needs of women, people with disabilities, ethnic minorities and other vulnerable groups.

The coalition said Chapter 2 of the Constitution should be enforceable.

“What we want is a constitution that enforces the socio-economic rights of all Nigerians, including women and children,” Dr Akiyode-Afolabi said.

The constitution, the coalition said, must guarantee equality in the process of acquiring citizenship.

“Section 26(2) should be amended to confer citizenship by registration to a foreign spouse of a woman just like her male counterpart,” it said.

It added that Section 29 (4b), which provides that any woman who is married shall be deemed to be of full age is “a violation of children’s right and should have no place in the constitution Nigerian women want”.

The coalition said the constitution must uphold the dignity of all persons, protect women from sexual and gender violence, and provide equal rights for men and women in marriage and inheritance.

It wants the constitution to promote women’s political participation and gender equality so that where there is a position being taken by a particular gender, the opposite must be the deputy.

“The constitution women want must provide that no gender shall exceed two-thirds in elective and appointive positions at the three tiers of government.

“We support the clamour for the creation of additional special seats for women, including women with disabilities, and those who are in other vulnerable groups in the federal and state legislative houses to enable equitable participation and inclusion.

“A more sustainable measure is the provision of 35 per cent or two-third provision in the constitution as a temporary rule as done in other African countries like Rwanda, Eritrea and Kenya,” Dr Akiyode-Afolabi said.

 

Wanted: More public interest litigations

How can law be used to protect public interest and promote development, particularly in the wake of mounting socio-economic and security challenges? This and more were the focus of experts and over 1,000 lawyers at the four-day Nigerian Bar Association Section on Public Interest and Development (NBA-SPIDEL) Law Annual Conference which held in Ibadan. Legal Editor JOHN AUSTIN UNACHUKWU and ADEBISI ONANUGA provide highlights of the event.

 

After a 10-year lull, legal practitioners from across the country converged last week on Ibadan, the capital of Oyo State, for the 2021 Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) annual conference.

The conference, with the theme The role of public interest in governance in Nigeria held at the Jogor Events Centre, Liberty Stadium Road, Ibadan.

In line with the theme of the conference, the NBA-SPIDEL provided a platform for the Bar and other stakeholders to undertake a comprehensive review of burning issues in the polity,  with emphasis on public interest and how to  evolve solutions to confront them.

NBA President, Olumide Akpata, inspired the conferees with his address which set the tone for various speakers at the conference.

 

Public interest

Chief Justice of Nigeria (CJN), Justice Ibrahim Mohammed, in a goodwill message to the conference, noted that whenever the rights of people are consistently trampled on, anarchy looms.

The CJN, whose message was delivered by Justice Ekpo Ejembi of the Supreme Court of Nigeria, said public interest was synonymous with public good and plays a pivotal role in public administration which, at this point in the country’s history, is endangered.

Mohammed maintained that the protection of public interest could only be guaranteed through the right legislations and the right policies. He also noted that no right of interest was absolute, but it boiled down to the fact that a standard must be set, far above personal inclinations and interests; and high premium must be placed on freedom and equality.

He stated that the onus rested on the stakeholders of the Nigerian state to promote public interest and when this was achieved, the country’s glory and radiance would be achieved “to bring us to relevance before the international community.”

Justice Muhammad explained that the concept of public interest had many underlying facets, which included the tradition of citizenship, stable government, protection of life and property, provision of basic infrastructure and the rule of law. He said at the heart of achieving these necessities were police protection, education, public health and sanitation, among others, for all.

According to him, public interest is generally rooted in achieving public good, and good welfare goals for the society. He stated that the ideals of public interest called on lawyers as leaders to place their interest against the interest of others to achieve a common good. “Public interest is an instrument that will always be applied in situations of conflict of interest and it prompts all to act dispassionately and with benevolence.”

Justice Mohammed urged lawyers to learn how to do things the right way. He said where the rights of the people were trampled upon, lawyers should rise up to the challenge and ensure the rule of law reigned.

“In our discussions, do we bring about public interest in our activities? The ideals of public interest fall on us as leaders to enforce law in the interest of the public.”

The CJN expressed the hope that, in the course of the conference, the role of public interest in governance, administration and businesses would be appreciated by lawyers.

A country under siege?

According to Akpata, who spoke earlier, the country is beleaguered by a myriad of challenges and desperately yearning for good governance.

He said: “The NBA has followed with great concern the deteriorating state of internal security and the gradual erosion of monopoly of the Nigerian State over the use of force and arms.

“All over the country, hapless Nigerians are being killed, abducted, or maimed with reckless abandon. From the East to the West and from the North to the South, we are faced with the grim picture of a country under siege and tottering at the edge of the precipice. Illustrative examples abound.”

Akpata also lamented the deadly dimension of violence on educational institutions, adding that it was as if government was no longer able to provide a secure atmosphere for learning and education to take place, as several schools came under lock and key on security considerations.

He noted that in the Southeast, a region which until recently enjoyed relative peace, as well as some states in the Southsouth, a peculiar wave of insecurity had emerged, manifesting in brutal attacks on law enforcement formations and law enforcement agencies, especially the police by gunmen, as well as the destruction of national assets such as offices of the Independent National Electoral Commission (INEC). There have also been reported cases of attacks on, and extrajudicial killings of, civilians by law enforcement agencies.

“Recently, the United States Embassy issued a Travel Advisory to its citizens cautioning against travelling to different parts of Nigeria, citing security reason.These are all indicative of a near breakdown of the security architecture of the Nigerian State and call for emergency security measures.

“In addition to the worsening insecurity, we are also faced with the problems of constriction of the civic space, and endangered freedom of expression, ostensible failure of institutions at different levels of governance,” Akpata said.

He also referred to civic demonstrations from #EndSARS protests, ASUP strike, ASUU strike, including the ongoing Judiciary Staff Union of Nigeria (JUSUN) strike which he noted adversely affected the legal profession and practice.

“These are indicators of the precarious state of the nation, indicative of the failure of governance at all levels, and have become exacerbated by the day,” Akpata argued, adding that while there was a role for the citizens and civil society groups in the process, the bulk of the responsibility rested on the shoulders of government to tackle the problems head-on.

‘Deliver on your mandate’

He charged governments at all levels to take charge and deliver on the most important mandate of their offices: the protection of lives and properties. “They must restore the faith of Nigerians in the social contract that the citizens have with the government. Indeed, they must govern in the public interest.

“The good governance we seek to enthrone is not the type baked on the altar of political crucibles, ethnicity, religious or other sentiments and overhyped radio and TV jingles, but a genuine system of sustainable and measurable delivery of economic growth and empowerment of the masses, under conditions that fundamental human rights of individuals and rule of law prevail.

He said it was against this backdrop that the conference sought to examine, analyse and proffer solutions to the various issues plaguing Nigeria.

Public interest and good governance

Akpata said the role of public interest in governance in Nigeria lay in the realisation that only governance principles, driven by altruistic public interest philosophy, as opposed to excessive political interest and self-centred considerations, would enthrone sustainable development and the actualisation of the fundamental objectives and directive principles of state policy captured in Chapter 2 of the Constitution.

Both the NBA-SPIDEL Chairman, Prof Paul Ananaba (SAN), and Chairman, Conference Planning Committee, were in tandem with Akpata on security challenges facing the country.

Public interest as a mechanism for change

Ananaba, in his welcome address, argued that the difference between Nigeria and many ‘developed’ countries was public interest. He said the disregard of the role which public interest ought to play in governance was the reason for the pitiable condition the country is in.

According to him, public interest has siblings such as patriotism, national interest, selflessness, and country first policy, among others. He said the march to nationhood may be a mirage without public interest taking the centre stage.

“When public interest is enthroned, corruption, nepotism and other vices will flee. When we fight corruption without public interest, the result will be minimised.

“Public interest is one of the various mechanisms that can enhance change in both public and private life. Checks will be in place through public opinion and court decisions that reform legal rules, enforce existing laws and articulate public norms,” Ananaba added.

 

Deal with corruption in government

First Lady Silk Mrs Folake Solanke (SAN) noted that the country was facing problems and “the society was upside down” because of gross loss of confidence in the judiciary. She emphasised that this was time for personal introspection and deep reflections, adding that corruption was a monster that must be dealt with from all sides.

 

Pro bono cases

The founding Chairman of NBA-SPIDEL, Joe-Kyari Gadzama (SAN), noted the “importance of this section of the NBA…considering the many challenges faced by the nation, ranging from incessant kidnapping to violation of human rights by security agencies, and mismanagement of public funds, among others.

“The current administration under President Olumide Akpata has shown its interest on issues of public interest matters through setting up of relevant committees to support SPIDEL. The value NBA-SPIDEL presently has to offer to lawyers and the public at large cannot be overemphasised.”

According to him, SPIDEL embodies the widest mandate which includes promotion of the rule of law, promotion of representational democracy, fight against corruption and impunity amongst other goals. He suggested that more lawyers should be involved in pro bono cases affecting public interest to make them productive and also add value to the profession.

 

Public interest vs Personal Interest

Oyo State Attorney-General and Commissioner for Justice, Prof  Oyelowo Oyewo, who was represented by Oke Yemi, agreed with the theme of the conference as relates to promotion of good governance over personal and pecuniary interest in public office. He stressed that public interest must be given preference and that everyone must avoid personal interest masquerading under the guise of public interest

Good governance, rule of law

The Chief Judge of Oyo State, Justice Munta Abimbola, speaking on the theme of the conference, stated that it was relevant in view of the disturbing trends in the country, and that it served as a reminder to those in government on where to focus on.

According to him, good governance is about the protection and interest of the people. He said the essence of the conference, therefore, was to ensure that during deliberations, deliberate efforts are made to proffer solutions that would help to achieve public interest in governance.

According to him, the core pillar of constitutional democracy is the rule of law and that lawyers are the primary guardians of the rule of law. He admonished lawyers to henceforth play a major and practical role in guiding the shape of Nigeria as a country.

Executive too powerful

Justice Ejembi, who also doubled as the keynote speaker, said it seemed the country had defied all known universal standards of democracy.

He reasoned that the constitution did not envisage that the Executive (the president and governors) should be so powerful, so as to be able to emasculate the powers of one or the other two arms. The president and the governors, he stated, ought to be subject to the laws of the legislature, but that in reality, “they use their enormous fiscal powers to subdue the legislature, emasculating both the legislature and the judiciary,” which is against the public interest.

“On the streets, the impression of the common man is that whoever was elected and sworn to the seat of the president or governor is automatically, upon his being sworn to the office, an imperial majesty; that he ceases to be a mere mortal, and that he is above the law, including the Constitution that establishes his office. He is insulated, the common man thinks, from prosecution for fraud and crimes for as long as he remains on the saddle and in office by the constitution through its immunity clause. Does the constitution intend to create this Frankenstein monster?” Ejembi said.

He argued that it was not the intention of the constitution to create a monster but rather a system where the three arms work harmoniously under the rule of law. He lamented that contrary to the intendment of the constitution, governors had become so powerful to the extent that they emasculate the other arms of government. He attributed this development to the fact that governors had security vote to spend at their disposal, and were often considered the leader of whatever political party they belonged to, and, as a result, they decide who becomes what, and unilaterally take decisions which they impose on followers due to their financial might.

Justice Ejembi cited developments in Kebbi, Gombe, and Cross River states as regards the insistence of the respective governors on the appropriate judicial officer to be the Chief Judge in direct confrontation or affront to the functions of the National Judicial Council set out in Paragraph 21 of the Third Schedule to the constitution.

“We seem to defy all universal principles of governance in Nigeria. Sir Erskine May: Parliamentary Practice, suggested that the legislature, in its supremacy or sovereignty, “is not controlled in its discretion and when it errs, its error can only be corrected by itself.

“In Nigeria, the Parliament, the Legislature, is so weakened that it lacks the will power and resources to exercise any discretion; it cannot even ‘err’ let alone correct itself. The Executive tends to make it a mere lackey of itself”, he lamented.

He raised several posers for members of the legal practice: “in the area of devolution of powers, how does one categorise the constitution? Is it unitary or federal or a hybrid of both?”

Disobedience to court order

Activist-lawyer  Femi Falana (SAN), who spoke on ”Anti-corruption model: assets declaration, public access and emerging issues”, accused President Muhammadu Buhari of frustrating the Code of Conduct Bureau (CCB) on the public declaration of assets and funds of public officers in spite of the provisions of Freedom of Information (FoI) Act. Falana argued that by virtue of the FoI Act, every Nigerian should have the right to access the assets declaration of every public officer.

Falana, who is also the interim chairman,  alliance for surviving  COVID-19 (ASCAB), lamented how government and  politicians have flagrantly disobeyed judgments and court orders with impunity.

He stated that there were over 100 court judgments which the Federal Government had refused to obey. He advised the NBA to make new rules to compel all attorneys-general to ensure that their government obeyed court orders and any attorney-general that failed to do so should be heavily sanctioned.

Falana urged the NBA to sanction attorneys-general who encouraged disobedience to court orders. He suggested that the NBA should open a register for recording the names of attorneys- general who disobeyed court orders and all court judgments and orders.

“All attorneys-general that refuse to make their governors to obey court judgments should resign,” Falana said.

He berated the Attorney-General of the Federation, Abubakar Malami who he alleged decides which court judgment should be obeyed and which should not be obeyed by the Federal Government.

He also berated the Presidency over a statement issued by its spokesman Garba Shehu in response to the decision of the southern state governors to ban open grazing.

He argued that the position of Garba Shehu on the issue was inflammatory and capable of throwing the country into chaos. Falana urged the NBA to look at the issue appropriately and take position on it at the conference.

Corruption facilitated by elite

In the lead paper, Executive Director, Civil Society Legislative Advocacy Centre (CISLAC), Mallam Auwa Magaji Ibrahim Gado noted that the country had been facing many challenges as a result of corruption.

Gado said reports revealed that over N3 trillion had been stolen by leaders of the country over time, adding that this happened because corruption was facilitated by the elitist class.

Former Solicitor-General and Permanent Secretary, Ministry of Justice, Lagos State, Lawal Pedro (SAN) ,said the country needed efficient and strong institutions in government, civil societies and communities to tackle insecurity.

According to him, the country must have visionary leaders to build strong institutions ”and we can continue to build on it to come out of the present problems the country is facing.”

Lawal lamented the manner of appointment into civil service without regard to the provisions of the Federal Character Act which, he noted, was not being implemented and enforced. He said there was a problem with appointment into any arm of the public service. “If there is a commission to superintend over this, all these agitations would not arise.”

Yearning for an all-inclusive government

Governor Seyi Makinde of Oyo State, while declaring open the conference, said the theme had become increasingly difficult to attain because of different approaches and lip service paid to the concept for selfish reasons. On public interest, he agreed that the masses were calling for more inclusiveness in governance and enjoined the conference to set the right tone in achieving this.

Restructuring and constitution review

Minority leader in the Senate, Enyinnaya Abaribe, in his presentation, backed restructuring of the country. He relied heavily on the 1963 Constitution which, according to him, set basic principles for true federalism, autonomy of federating regions, and fiscal federalism, among others. He noted that the position of most ethnic nationalities was to have a national dialogue in order to create a new Nigeria which guarantees the security of life and property, freedom and liberty, equity, justice and even development.

Abaribe argued that any opposition to restructuring of the present day Nigeria could only mean that some people are getting an undue advantage out of the current skewed system. He spoke extensively on the geographical situation of the country which gave some zones advantage over other zones in terms of population size and number of states and local governments in each of the six geo-political zones.

He urged Nigerians, especially lawyers, to stand up and face the current challenges in the society. He also called for full support for the ongoing quest for constitutional review and restructuring of the country.

Internal security

Chairman, Independent Corrupt Practices Commission (ICPC), Prof Bolaji Owasanoye (SAN), who aligned himself with other speakers, including Chief Bolaji Ayorinde (SAN) and Prof Oyewo, on internal security, said the legitimacy of Amotekun Security outfits rested on laws passed by various state houses of Assembly. He approved of the Criminal Code Act which he noted empowers private citizens to prevent crime and even take lives in the course of self-defence and protection of life and property. He emphasised that the Amotekun security outfit was empowered and was a legal group.

He, however, opposed the use of security outfits for political activities as was now becoming common practice in some southern states. He strongly advocated their insulation from politics, stressing that unless this was done, they would not be different from the police.

Ubani is new NBA-SPIDEL Chairman

The conference also featured an election for a new NBA-SPIDEL exco with a former NBA Vice President Monday Ubani (MOU) emerging as its new chairman. Ubani succeeds Ananaba.

Other new exco members are Steve Abah, Vice Chairman; Dr (Princess) Frank-Chukwuani, Secretary; Mrs Funmilola Adeogun, Treasurer and Godfrey Echeho, Publicity Secretary.

Several others were also appointed as NBA-SPIDEL council members — Ananaba, Kunle Adegoke (SAN),  Kola Omotinugbon, Emeka Nwadioke,  Kunle Edun, Dr Paul Ebiala,  Mrs Anne Agi, Igbeaku Evulukwu, and  Abdullahi Karaye.

NBA First Vice President and Chairman of the SPIDEL Electoral Committee, Mr John Aikpokpo-Martins, emphasised SPIDEL’s importance in safeguarding the public interest.

He said: “Personally, I believe that SPIDEL is the flagship of NBA sections; once SPIDEL is working, NBA is working. It is the major section that interfaces with the public and we cannot shirk our responsibilities. The special thing about SPIDEL is that apart from intellect, it is the only section that needs passion to drive it. If there is no passion, it cannot be driven.”

Launch of Sorosoke App

Highlight of the conference was the launch of “Sorosoke Platform” by Mrs Solanke. The App developed by the Chief Executive Officer of Kuantarium Ltd, Mrs Michelli Omoogun-Anaekwe, is her contribution to reporting and tackling gender-based violence and other forms of rights violation, including police brutality.

She said the App would enable survivors to log in and report their cases following which NBA would take it up and tackle them so that the rights of survivors are restored and in some cases get compensation for them.

For NBA President, Akpata, the App will enable the NBA to file cases against perpetrators of rights violation and gender-based violence. For this to become a reality and fruition, he said the association was evolving and would be financing a Public Interest Litigation Committee for the entrenchment of rule of law and respect for human rights.

Nostalgia for SARS

Hardball

 

There is something about hindsight that positively reshapes the ugly realities of things experienced in the past. In hindsight, even the devil could look like a misunderstood benevolent angel. That must be why the Yoruba (maybe other tribes too) have a maxim which translates to saying a woman who divorces one husband she considered to be evil and gets another husband would sooner regret the virtues traded off in the old husband. Such is the reformative – you could say distortive – effect of hindsight on perception.

But it gets a bit shocking that even hindsight could whitewash a totally blackened entity barely six months after it was taken down for its blackishness, and while the effects of its evil exploits are yet being reckoned before ad hoc tribunals. That is the import of a recent claim by Acting Police Inspector-General Usman Alkali Baba that the former Special Anti-Robbery Squad (SARS) of the police was such a critical pillar in the fight against insecurity that its disbandment has left a vacuum that partly explains the high rate of criminality across the country.

Speaking last Thursday at the weekly ministerial briefing organised by the Presidential Communications Team at the Presidential Villa in Abuja, Baba said the disbandment of SARS demoralised police personnel and somewhat weakened the hand of the force in fighting insecurity. According to him, regular police operatives have not been able to fill the vacuum created by SARS’ scrapping, but efforts are ongoing to train them for the new role. “With the proscription of SARS and the establishment of SWAT (Special Weapons and Tactics) which has not been able to take off fully, we had a vacuum in tackling most of the violent crimes from a position of strength in terms of having a strike force that is dedicated for that, rather than having our conventional police doing the policing in a conventional way,” the Acting IG said, adding: “So, we try to marshal back this courage of our personnel who have been involved in violent crimes,  lecture them and post them to the anti-robbery sections, for anti-robbery patrols and the investigation of violent related crimes which involved of course robbery, kidnapping, banditry, cultism and so forth.”

But is it a different SARS the police chief was talking about? Because by the time that controversial squad was taken down on 11th October, 2020, it had nearly completely gone off the track of fighting violent crimes, with its operatives preoccupied with intercepting mostly innocent Nigerians for purported traffic offences and suspicions of cyber-crimes among other low-level tasks. In any event, when the squad was disbanded, its operatives weren’t sacked from the police force but reassigned to other duties. Why can’t the skills and discipline inculcated in them for SARS be applied now for policing tasks outside of SARS? This nostalgia for SARS ‘get as e be.’

To the terrorists called unknown gunmen

By Olukorede Yishau

 

Whoever sheds the blood of man, by man his blood will be shed; for in His own image God has made mankind. — Genesis 9:6

 

This is not a friendly missive and I am in a dilemma about how to go about this. Well, let’s get done with it.

I do not know if you have wives, children, mothers, fathers and extended family members. What I am sure of is that blood flows in you, that you are human beings, that you live among us and that if caught you could cry and plead for mercy. It is for your anonymous status that I do not know the right way to start this letter.

You are no strangers to us, but of recent your notoriety has mounted a pedestal we have never experienced. Hardly does a day pass without you committing one evil or the other. From Lagos to Owerri to Kano and Kaduna and elsewhere, you sneak in on people and leave sorrow and blood. You steal, you rob, and you plunder people’s lives with hot lead.

You know no class; your victims can be the bourgeoisie, the middle class and at times the poor who are daily begging to eke a livelihood. In the last two days, you have killed an ex-judge and you have ended the dreams of a former political adviser.

There are instances when you operate like bandits, who plunder and dash into the bush to hide and share your loot. At times, you are terrorists who maim and kill and are even ready to die for what you believe in. You are so powerful that you have defied the police, the army and the secret police. Once in a while, they catch one or two of you, but largely you succeed in wreaking havoc and escaping into anonymity. You grant audience to the like of Sheik Guni, who is doing a yeoman’s job as your mouthpiece and is always warning us to stop calling you bad names. He says you are not bad, but only made worse by circumstances and are willing to turn a new leaf.

For you, no land is sacred. You are attacking police stations and sacking officers and burning them down. You are burning electoral commission offices across the country. You have operated in churches, mosques and schools. When you invade schools, you grab students— male and female— in their hundreds and demand ransom in millions of naira, when you operate in churches, you grab pastors and priests, and when you operate in mosques, Imams become your prey.

You are so talented to the extent that when governments refuse to pay, you threaten the parents of the abductees and get them to cough out the money. In one instance, you got the parents to raise N180 million. In another, you even got farmers to borrow money from a cooperative society to pay you off so that their members are not your victims. Such devilish ingenuity!

Mr unknown gunmen, you are so disrespectful that when our president, our dear Muhammadu Buhari, reads riot act to you and when he asks that you be shot on sight, you become emboldened and I assume that you have formed the habit of laughing at our dear president and perhaps have labelled him toothless.

I must tell you that you have made our country a bad place. You have made foreign missions warn their citizens against travelling to certain parts of Nigeria and you seem to have no qualms. To hell with Nigeria seems to be your message. Nigeria has failed you so you see nothing wrong in failing Nigeria. What you, however, fail to realise is that in dealing with Nigeria, you are actually misdirecting your anger. You are turning against people who have also suffered the side effects of inept leadership.

In case you do not know, everyone is discontent and you are adding to the bad situation. I worry for our nation; I cry, and I wonder why you have chosen to pour pepper on our wounds.

You should know that many out there are looking for jobs that are not available. Not a few have died this week all because what we call medical centres are consulting rooms that they have been in since the military era. Even the private clinics where we pay through our noses cannot compete outside of our shores.

You have become so daring that the security agents have left the people to cater for their safety needs. The situation is so bad that you exist in all tribes, in almost all states and in all geo-political zones of the country.

Your attacks on the electoral commission offices seem designed to ensure the 2023 elections do not hold. These are elections that I look forward to seriously, especially the presidential one. President Buhari is in the middle of his last term.

If wishes were horses, I wish you can join your faith with mine on the kind of President we deserve in 2023, even though this has the potential to end your reign. For whatever it is worth, these are my wishes: We deserve a President who can right the wrongs of the past. We deserve a President who will make nepotism a thing of the past. We deserve a President who will ensure no Nigerian feels left out because of which part of the country he or she comes from.

We deserve a President who will end this era of epileptic supply of electricity. I will be glad that day when our electricity generating sets will only be useful for picnics at beaches and such places where a temporary source of power is required.

We deserve a President who will provide enough direction for members of the National Assembly to truly legislate in the interest of the people and not out of any pecuniary interest. I am sick and tired of the current situation where everything but national interest seems to take the first position.

We also deserve a President who will give us a Nigeria where our schools can compete with others in the advanced world. I long for a President who will take Nigeria out of the Third World. What is wrong with being a First World?

We equally deserve a President who will deliver a Nigeria where we can reap from medical tourism instead of the current situation where we are the major loser to this trend.

We certainly deserve a President who will make our economy so robust that we can hold our head high anywhere in the world and our green passport will command respect and not scorn.

What is wrong with having a President who will give us a Nigeria where oil takes the back seat and agriculture and tourism take the front seat and contribute more to our foreign exchange earnings and Gross Domestic Product (GDP)?

Is it too much to ask for a President who will give us new songs, not songs of sorrow, not songs of despair, but songs of joy, songs of a country, which experiences orgasm at old age and hold on to it forever?

And I have one last wish, which I doubt you will want to align yourselves with.

My final take: We deserve leadership that will run these terrorists called unknown gunmen out of town. You guys do not deserve to be in business. You are bad news, you are sorrow, you are tears and you are blood. Our nation deserves peace and may we see your end. I say a big amen!