By Fredrick Nwabufo
Reinforcing failure is trying to solve a problem with the same washed-out tools, methods and live-ware. A president is as good as his cabinet; this is the reason competence and character, and not political value, must take precedence over every other item in a detailing list.
Just like in the 2015 appointments, when a pathos-inducing denouement settled in after six months of suspense and wearisome wait, the recent appointments are a reprise of the ennui.
I had exorbitant expectations – for change. Perhaps, it is too early to run a judgement report, but why did the president have to wait until 55 days after his inauguration and five months after his re-election to duplicate the ordinary?
Are these players – 43 of them – the best this administration can offer? One of the brags of the Buhari presidency is ‘’fighting corruption and punishing looters’’, but on the ministerial list are the names of two former governors with the sticky grime of allegations of corruption. Is the government now casting off its pretensions of fighting corruption? What happened to the fanfaronade of only ‘’credible people’’ will make it into the cabinet?
However, the appointments are not barren of a few Nigerians with good public service records like Sunday Dare, executive commissioner of the Nigerian Communications Commission (NCC) and Sharon Ikeazor, executive secretary of PTAD. I had expected more persons of similar plume and pluck to be appointed, but we live in a country where cronyism politics blights the selection of credible alternatives.
And really, on what grounds were Abubakar Malami, former minister of justice, and Mohammed Bello, former minister of the FCT, reappointed? It is startling.
Malami, as attorney-general of the federation, raked in more controversies than achievements. This is a chief legal officer, who defended the government’s flagrant repudiation of court orders; who reinstated the EFCC hunted ex-pension chief, Abubakar Maina; influenced his promotion and ordered the payment of his entire salary. He is also the law officer with questions to answer over the payment of $17 million to two lawyers who performed an already completed task in the return of $321 Abacha loot.
As for Bello, his incompetence, lethargy and obfuscation reek in the dark alleys and deadly streets of Abuja; in the heaps of garbage; in the mushrooms of uncompleted projects; in the potholes and in the vicious one-chance robbery operations in the city.
Also, the president, in the time of ‘’change’’, pruned the number of ministerial offices from 42 to 36.
In an interview with Channels TV and NTA in New Delhi, India, in October 2015, shortly after the release of the names of his ministers, President Buhari said with the feistiness of an army general that his government could not pay 42 ministers; hence, his decision to prune the number.
He said: “There used to be 42 ministers, but I think we can barely keep half of that now because we cannot afford it.’’
‘’We are reducing the number of ministries because we can’t afford to pay. Where is the money?’’
Can the government now afford 43 ministers? Is the economy not worse off today than it was in 2015? So, where is the money? What has changed? Will expanding the cabinet result in increased productivity? Is reducing the cost of governance no longer feasible? Is this a special arrangement for the ‘’boys’’ so as to ensure that the cake goes around in this last trip?
As I said in a previous essay, Buhari should have imagined himself the CEO of a blue-chip company and understand that competence and character are ultimate and that the comprehensive appointment of ‘’career politicians’’ as he did in the time of change will not take us to the Next Level.
Is there still hope?
Nigeria’s Response To Emergency Health Issues
By Alex Enemanna
The year 2020 has again tested our preparedness and ability as a nation to take adequate steps to protect our citizens in cases of emergency disease outbreak in line with the core responsibility of any serious government.
For many years, we have been confronted with the deadly Lassa Fever, a serious health concern holding us by the jugular as a people while we desperately grasp for breathe.
Till date, there has been no lasting solution to the virus said to have been first recorded in 1969 in a Borno community.
It has remained a yearly daunting health issue in Nigeria in which thousands of our people are being dispatched to the early grave.
All pronouncements by relevant authorities on how the virus has been defeated were all short lived. Little wonder we were ushered into the New Year with yet a fresh case of Lassa fever outbreak.
At the last count, no fewer than 10 states which include Ondo, Edo, Delta, Taraba, Plateau, Bauchi, Ebonyi, Kaduna, Imo and others have been affected with over 80 deaths recorded.
Interestingly, one would assume that proactive measures would be taken to minimize casualty from the virus especially with the full knowledge that Lassa Fever records a sporadic upsurge annually during dry season.
Like the typical Nigerian culture, we allow ourselves boxed into a corner where we only adopt a fire brigade approach after colossal losses must have been recorded.
Expectedly, the National Centre For Disease Control (NCDC) has said it has deployed Rapid Response Teams to support the affected states, a step not different from what was done last year and the year before.
A more potent measure would have been to develop epidemiological studies that will provide data to aid research and response operations especially for virus that has been discovered for several decades. This again speaks to our obsession for easy way out while our problems keep getting protracted and more complex. As a nation, we are deeply engrossed with the movement in a vicious cycle all year round without making progress. This is not only limited to our laxity and lackluster attitude to serious emergency health issues like Lassa Fever. It cuts across other areas of our national life including security, infrastructure, human right, education et al.
In China where a relatively new disease outbreak, Coronavirus has been recorded in Wuhan from a suspected wildlife, the authorities have shown how important and sacrosanct human life is by swinging into action to ensure that the virus is frontally sent into permanent extinction. With about 3 per cent death rate, this virus is said not to be as deadly as our local Lassa Fever. Out of about 1,300 people infected so far in this respiration-related disease, about 41 deaths have been recorded. This implies that in every 100 people infected, 97 people will likely survive. This is relatively lower than the Lassa Fever that has killed 80 people this year alone out of about 800 people infected.
Even as it stands, the Asian country is not resting on its oars, watching her citizens die carelessly before action could be taken. So far, without fear of plundering, mindless looting or artificial inflation, China is mobilizing 3 billion Yuan ($430 million) to build a special hospital just for Coronavirus. More than 100 machines are working at the construction site expected to hold the 1,000 bed capacity special hospital. A timeline of February 3, 2020 has been fixed for the completion and commissioning of this health facility. The country’s Health Commission has also indicated interest to dispatch no fewer than 1,230 doctors and other medical personnel to Wuhan, the source of the outbreak. Can the same be said of Lassa Fever in Nigeria? Even with these measures, countries like Russia, France and US are making plans to evacuate their citizens from the troubled zone.
While less economically endowed countries, including Morocco and Mauritius are joining the league of malaria-free countries, our dear country has consistently recorded malaria-related deaths in a mind-boggling proportion. According to a Malaria Fact Sheet released by US Embassy in Nigeria, there are estimated 100 million malaria cases with over 300,000 deaths per year in the country. This is despite the billions of Naira deployed to this effect on yearly basis, aside foreign interventions geared towards making the country malaria-free.
Our public health centres are battling the complex challenge of upsurge of patients, dilapidated equipment, under-funding, under-staffing, unethical conduct of practitioners and deep rooted corruption. With a very minimal performance capacity, they are there as the last hope for those who cannot afford the cost of oversea medical trip or decent treatment in topnotch local private health institutions. The harvests of death emanating from these centres are better imagined. Not long ago, our own First Lady, Mrs. Aisha Buhari raised the alarm over the poor state of Villa clinic, situated right under the President’s nose where she could not find common tablet like paracetamol even with several billions of Naira sunk in it. That is a pure reflection of the state of public health centres across the country except that the rest don’t get as much billions as the Villa Clinic. Little wonder why our doctors keep leaving the shore of our dear country in droves to where a meaningful premium could be placed on their services.
No thanks to our politicians, including President Buhari who paradoxically pontificates as the nation’s moral compass and still travels overseas in search of medi care while our public health institutions are in total mess. It is the height of unpatriotism for a nation or state Chief Executive to complete his tenure without erecting a befitting health centre potent enough to handle whatever ailment they rush overseas to treat.
Lassa Fever has for decades been a perennial national disgrace that must not be allowed to fester. Nothing stops the Federal Ministry of Health from engaging various stakeholders in a comprehensive research that will see an end to this. Who says a thorough fumigation against the natural carrier of the virus, multimammate rat cannot be effected across the nation to mitigate its virility? The grit and energy invested in the fight against Ebola Virus in 2014 must be brought to bear at this critical time to save our nation from further unnecessary loss of life. Prevention they say is better than cure.
Who Owns Lagos, A Useless Question Without Answers
By Benjamin Obiajulu Aduba
Pots of ink have been wasted posing and trying to find out who owns Lagos. Some of the answers have been: Nobody owns Lagos; Lagos is owned by the Yoruba; The Igbo own Lagos, The Benin Kingdom and therefore the Beni own Lagos; all Nigerians own Lagos; etc. And recently two “Lagosians” held court on the ownership of Lagos. They are Alhaji Olufemi Okunnu and Chief Layi Ajayi Bembe at Punch Newspapers. Each had his own views.
The question is useless because there are no possible answers. The ownership of Lagos would require additional sentences/clauses before it can be determined. Such additional sentences could be “who are the original owners of Lagos; who owned Lagos from 1960-1999; who owns Lagos now etc.” The answers will vary with each additional sentence.
To make clear what this author is saying. Let’s assume that Obi was the original owner of an estate. Obi sold the land to Benji. There are two possible answers Obi and Benji, depending on how the question is posed. If currently the answer is Benji and if it is the original owner, the answer is Obi. When Obi sold the property to Benji he ceased to own the property.
Now let’s come back to Lagos. We begin by pointing out that landownership initially belonged to individuals and then moved on to kings who appropriated individual lands by treachery, purchases and or by force. And letter lands belonged to government which acquired the land by decrees, by laws or by use of the law of eminent domain.
Secondly, let’s point out that the subject is not clear to all. What is Lagos? When I lived in Surulere in the 60’s we used to say “I am going to Lagos if we were going to Lagos Island.” We acknowledged that the mainland was not Lagos. The Oba lived/lives on the island and that was Lagos. Even though in the 60’s there was a municipal government which recognized Lagos as both the island and the mainland. Today there is no more municipal government for the city but local governments that have carved the old Lagos into smaller municipalities. Meanwhile “Lagos” which was limited to Ikeja/Palm Grove now extends to Ikorodu.
So which Lagos are we talking about?
If I own Ajegunle and you own all the rest of “Lagos” who owns Lagos? This is another reason why the question is useless and have no definite answers. What if Ola owns Yaba, Obi owns Ajegunle and Ishaka ownes Ikeja, and Bola owns the Island, assuming each bought their pieces in a fair trade? Who owns Lagos?
Most often when people talk of the ownership of Lagos what they actually mean is what the history of Lagos is. Even here there seems to be two different stories. One says that the first settlers on Lagos were the Yoruba from the hinterland. And another posits that the first settlers were the Bini Kingdom as it expanded westwards. I am not sure which story has dominance now.
While this is important from getting the history right perspective, we can do this while doing the next important thing which is how do we make Lagos better. Making Lagos better will benefit all the residents of the city no matter who ownership belongs to.
All people born in Lagos, all people who live in Lagos, all people who do business in Lagos, etc. have stake in the city and should contribute their resources to make Lagos better for all.
It is not just the Yoruba.
~Benjamin Obiajulu Aduba writes from Boston, Massachusetts, United States.
Ihedioha: Why Supreme Court May Not Reverse Judgment
By Onyedika Agbedo
The January 14, 2020 judgment of the Supreme Court that nullified the election of Chief Emeka Ihedioha as Imo State governor and declared senator Hope Uzodinma as the winner of March 19, 2019, governorship election has continued to generate agitation for review and possibly, a reversal of the judgment.
Ihedioha’s party, the People’s Democratic Party (PDP) has been at the forefront of the advocacy. The National Chairman of the party, Prince Uche Secondus, while addressing a press conference on the judgment two days after it was delivered, said it must be reversed in the interest of justice.
“In the light of extraordinary circumstances that vitiate that judgment as a product manipulation and a clear coup d’etat against the will of the people of Imo State, we demand that the decision of the Supreme Court on the Imo governorship election be reviewed and reversed in the interest of justice,” Secondus has said.
Other eminent Nigerians have spoken in a similar vein. Three days ago, Bishops and other Christian leaders in Imo State under the umbrella of the Concerned Church Leaders Forum (CCLF) raised their voices against the judgment. The clerics, who spoke through the Anglican Bishop of Ohaji/Egbema, Chidi Oparajiaku, said the judgment ran counter to the facts on the ground. They urged the apex court “to review the judgment and serve justice in the overall interest of peace, unity, development and continued survival of democracy in the state and Nigeria in general.”
Also on the same date, the Archbishop of Enugu Ecclesiastical Province (Anglican Communion), Bishop Emmanuel Olisa Chukwuma, addressed a press conference in Enugu, where he wondered how the Supreme Court Justices arrived at the decision. The cleric even accused the Justices of incompetence.
“I am speaking the minds of some Bishops in the Anglican Church that we are very discontented and disagree with the Supreme Court’s kangaroo judgment in Imo State. We feel disappointed with the Chief Justice of Nigeria (CJN) who has not got his facts correct and we feel that that judgment is wicked and corrupt. We call on the Supreme Court to reverse the judgment to avert the wrath of God,” he stated.
Uzodinma had challenged Ihedioha’s victory from the Imo Governorship Election Petitions Tribunal up to the Supreme Court on the ground that he scored the highest number of votes in the election but the Independent National Electoral Commission (INEC) returned Ihedioha as the governor of the state.
Justice Kudirat Kekere-Ekun, who delivered the judgment of the seven-man panel led by Chief Justice Tanko Muhammad, declared that the votes due to Uzodinma were unlawfully excluded from 388 polling units and should be added to his votes.
The apex court considered the submissions of a principal witness who was on a subpoena to present results and held that the lower court was wrong in its ruling.
Justice Kekere-Ekun, while reading the lead judgment, declared Uzodinma as the validly elected Governor and ordered that the certificate of return issued to Ihedioha be withdrawn immediately and issued to Uzodinma.
INEC had since obeyed the court order and Uzodinma subsequently sworn-in. He has since continued to steer the affairs of the state.
But with increasing calls for the reversal of the judgment, the question on many lips is: Will the Supreme Court bow to pressure and reverse itself?
Under the doctrine of stare decisis, the Supreme Court is bound by its previous decisions. As such there had been cases where the judgment of the Supreme Court stunned a section of the public but the court didn’t reverse its judgment when approached.
In the case of Ihedioha, a constitutional lawyer in Abuja, Mr. Realwan Okpanachi, has argued that the apex court no longer had the jurisdiction to entertain any application relating to the Imo governorship election, because it had clearly passed the 60 days provided for in the constitution. The lawyer cited Section 285 (7) of the constitution to support his assertion.
Okpanachi, who recently spoke to the News Agency of Nigeria (NAN), said: “Section 285 (7) states that an appeal from a decision of an election tribunal or Court of Appeal in an election matter shall be heard and disposed of within 60 days,” he said.
He added: “The judgment in particular was delivered by the Court of Appeal before November 20, 2019. The appeal by Uzodinma was filed around November 20, 2019, and that is to say that the judgment was passed before November 20, 2019.
“When you calculate from November 20, 2019 till date, it clearly shows that it is above 60 days,” Okpanachi said.
According to the lawyer, the Supreme Court cannot entertain, hear, determine any appeal or application connected with that election appeal.
“The judgment, as it is, is binding, conclusive and cannot be set aside, reversed or touched by any person, including the Supreme Court itself. The Supreme Court is the apex court; the highest court in Nigeria and its decision, by virtue of the constitution of the Federal Republic of Nigeria, is final. Therefore, its decision is not subject to any other authority or persons,” Okpanachi said
Okpanachi was right as existing precedents show. On November 2, 2009, Supreme Court dismissed Celestine Omehia’s application seeking for review of its judgment of October 25, 2007, which removed him and declared Rotimi Amaechi as the governor of River State. Amaechi won Rivers State PDP governorship primary in December 2006 but was substituted with Omehia. Early in 2007, Amaechi filed a suit challenging his substitution against the April 14, 2007 elections. The Court held that Amaechi was wrongly substituted with Omehia by PDP and that in the eyes of the law, Amaechi who didn’t contest the election was at all times the legal candidate of PDP at the elections, and proceeded to declare him as Governor of Rivers State.
But Omehia re-appealed saying the apex court made a mistake, arguing that the judgment contradicted some provisions of the 1999 Constitution. But the seven-man panel led by Justice Alloysius Kastina-Alu described the suit as frivolous and an act of judicial rascality. They accordingly dismissed the case with N100,000 cost, saying even if it was a mistake, the apex court has a right to make a mistake.
They insisted that Amaechi remained the legitimate governor and that the decision was final regardless of whether it was rightly or wrongly entered.
The Supreme Court Justices Katsina-Alu had urged anybody aggrieved by the court’s decision to appeal to heaven where God Almighty reigns supreme and not in Nigeria where they held sway, adding that “only God can reverse the October 25, 2007 verdict.”
Also, on May 24, 2019, the Supreme Court nullified the elections of all the candidates of the APC in Zamfara State in the 2019 general elections. Delivering a unanimous judgment of the five-man panel led by then Acting CJN, Justice Tanko Muhammad, the apex court declared the first runners-up in the 2019 general elections in the state as the winners of all the posts earlier declared to have been won by the APC and its candidates.
Justice Paul Galinje, who read the lead judgment, upheld the decision of the Sokoto Division of the Court of Appeal to the effect that the APC did not conduct any valid primary election and as such had no candidate for any of the elections in the state. He described the votes polled by the APC candidates in the elections as wasted. He then ordered that the party and the candidates with the second highest votes and the spread in the various elections were the valid winners. With that, the APC lost the 36 elective positions comprising the governorship, deputy governorship, three senatorial, seven House of Representatives and 24 state House of Assembly seats to the PDP.
After reviewing the judgment, the Chairman, Presidential Advisory Committee Against Corruption, Prof. Itse Sagay, described it as a national tragedy. In a statement, the distinguished legal scholar and human rights activist had raised many posers for the Supreme Court while also urging the APC to approach the court for a review of the judgment.
He said: “By this judgment, the landslide APC victories in the governorship, Senate, House of Representatives and House of Assembly elections are transferred to the PDP.
“If the APC primaries were defective, should the electorate be deprived of their democratic and constitutional rights to vote? Is the electorate to be punished for the transgressions of party officials? Should the judiciary replace the electorate’s decision and install losers in office? Could the judiciary not have drawn on the deep recesses of its intellectual capacity, authority and its inexorable commitment to justice, to prevent this undemocratic calamity? Can the APC officials not be punished, for their lapses without denying the electorate their democratic rights? Should the judiciary take over the electoral rights of the electorate? Is this not a clear case of technical law completely overthrowing justice?
“Have the members of the Supreme Court not achieved a level of creativity and authority to provide a solution without burying democracy and taking over from the registered voters as the judicial electorate? If this judgment had been an international one, it could have been described as ‘shocking the conscience of humanity.’ In this case, it shocks the conscience of Nigerian humanity… I advise the APC legal team to apply for a review of the two judgments. Their Lordships ought to be given an opportunity to reverse this unprecedented tragedy.
The ruling party heeded his advise and filed an application asking the Supreme Court to review the judgment. But the Court threw away the appeal. Justice Rhodes-Vivour in his lead judgment held that the application was incompetent and time-barred, adding that the court had no jurisdiction in the matter.
“The Supreme Court has no jurisdiction over the matter because anything that has to do with pre-election matter must be brought within 60 days after a decision had been delivered,” he said.
Justice Rhodes-Vivour further held that the consequential orders made were part and parcel of the pre-election matter and it was an abuse asking the apex court to review its judgment or orders.
“We don’t seat on appeal over our own decision. We have no jurisdiction over this matter,” he said.
Looking at the law and the above precedents, calls for the reversal of the Supreme Court judgment on the Imo State governorship election may not serve any purpose other than warming the political space. But it remains to be seen the path the Justices of the apex court would toe this time around.