Wednesday, June 28, 2017

Nigerian judiciary’s contributions to democratic consolidation

Last month, Nigeria celebrated 18 years of uninterrupted democratic rule in the Fourth Republic. Both the executive and legislative arms spoke glowingly of their contributions to the country’s democratic consolidation. However, not much was heard about the contributions of the third arm, the judiciary. In the recent past, particularly under this All Progressives Congress government, there have been unrelenting in demonising the members of the bench and bar. Judges and lawyers are castigated as being the cog in the wheel of anti-corruption.
There are indeed corrupt judges and lawyers just as there are corrupt persons in all walks of life. However, the ignominious actions of few should not be used as a yardstick to judge an entire institution. I dare say that, but for the courage and activism displayed by the judiciary, there would have been anarchy in this country and military may have had a good reason to stage a coup to topple extant civilian administration.  Nigerian judiciary is contributing immensely to sanitising the country’s electoral process. It is  the arm of government that has been able to largely rein in the excesses of the political class.
Slowly and steadily, Nigeria’s judiciary is restoring internal party democracy into our political system and I do hope our politicians, particularly the party executives are taking note. When Dr. Chris Ngige was illegally declared the governor of Anambra State in April 2003, it was the court that restored the peoples mandate freely given to Governor Peter Obi. When Obi was wrongfully impeached by Anambra State House of Assembly, it was the same judiciary that reinstated him to office. When the Independent National Electoral Commission conducted governorship election in the state in April 2007 which saw to the emergence of Senator Andy Uba as the new governor, it was to the court that Governor Peter Obi went. The court later sacked Uba when it said the tenure of Obi starts to count from the time he was sworn in and that he is not serving out the remainder of the term of Ngige.
When the then Hon. Chibuike Amaechi of Rivers State contested and won the nomination of his then party, the Peoples Democratic Party in December 2006 only to be unlawfully replaced by Sir Celestine Omehia without cogent and verifiable reasons; it was to the court he ran for succour. The Supreme  Court in a landmark judgment regarded as ‘locus classicus’  in law  on October 25, 2007 declared Amaechi the rightfully elected candidate of PDP even though he did not campaign nor have his name on the ballot. He was asked to be sworn in immediately by the apex court. The Supreme Court in taking this unprecedented position took judicial notice of its earlier judgment restoring Senator Ifeanyi Ararume who was similarly denied the gubernatorial ticket of PDP in Imo State only to be expelled by the party in order to render the court judgment a nullity.
It is important to also refresh the minds of readers that former Governors Olusegun Mimiko of Ondo State, Kayode Fayemi of Ekiti State, Adams Oshiomole of Edo State and incumbent Governor Rauf Aregbesola of Osun State may never have been governors if not for judiciary who assisted to retrieve their stolen mandates. Indeed, but for the judiciary which came to the rescue of former Vice President Atiku Abubakar, he would not have served out his tenure as Vice President neither would he have contested the 2007 presidential election under the Action Congress party. It was another ‘locus classicus’ when the Supreme Court ruled that joint candidacy of contestants  and their  running mates end at the polls and does not extend to government. Hence, in 2007, we witnessed a divided presidency with the president being in PDP and his vice being in AC.
It took judicial intervention to retrieve the stolen mandate of Senators Ben Obi and Joy Emordi of Anambra State, Hon.  Jenkins Gwede of Delta State,  Senator Bassey Etim of Akwa Ibom State, Hon. Ben Nwankwo of Anambra State, Senator-elect Shuaibu Isa Lau of Taraba State and House of Representatives member-elect Mrs. Dorathy Mato of Benue State. Just last Friday, June 23, 2017, the Supreme Court sacked Senator Sani Abubakar Danladi (PDP, Taraba North) and the lawmaker representing Vandeikya/Konshisha Federal Constituency of Benue state in the House of Representatives, Hon. Herman Hembe (APC). Not only were they unceremoniously removed for being usurpers, the apex court also mandated both of them to, within 90 days,  return all the salaries and allowances they have collected in the last two years since they were illegally occupying their plum offices.  These judgments have now paved way for Alhaji Lau and Mrs Mato to be sworn in by the respective leadership of National Assembly to replace Danladi and Hembe.
It is noteworthy that since 2014, the Supreme Court in order to deter our political parties from wrongfully nominating or substituting their candidates has been asking all the usurpers to refund all the emoluments they have collected illegally while holding their exalted offices. It first happened in Delta State in a State House of Assembly tussle involving Mr. Edoja Akpodiete and Mr. Jenkins Gwede both of Democratic Peoples Party.  In its lead judgment delivered by Justice Walter Onnoghen, the Supreme Court ordered that the latter should take over the seat from Akpodiete as the bonafide representative of Ugelli North Constituency II. The apex court also ordered him to refund to the state coffers all the salaries and allowances he had collected since he had been occupying the seat in 2011.
 In a case involving two Basseys, the Supreme Court on February 27, 2017 sacked Senator Bassey Akpan (PDP, Akwa Ibom North) and asked INEC to issue Certificate of Return to Mr. Bassey Etim. Akpan was to refund all monies he had collected since June 9, 2015 when he was illegally inaugurated as a member of Nigerian Senate. On April 7 this year, the Supreme Court had similarly booted out Sopuluchukwu Ezeonwuka of the PDP as the representative of Orumba North/South of Anambra Federal Constituency in the House of Representatives. The Court replaced him with Chief Ben Nwankwo while asking Ezeonwuka to refund all salaries and allowances he had collected to the coffers of National Assembly.
When some governors were trying to elongate their tenure through the backdoor by misinterpreting Section 180 (2) of 1999 Nigerian Constitution as amended in 2010 to say that their tenure start to count from the day they were sworn in after winning a re-run elections, it was the Supreme Court who in a landmark judgment on January 27, 2012 that correctly interpreted that section of the law that any governor whose election was annulled and asked to be re-conducted, should he win the re-run, his tenure will start to count from when he was initially sworn in and not the time he wins re-run. This position was later reflected in 2010 Constitutional amendment.  It was through judicial activism that Nigeria now has staggered election in which case gubernatorial elections in Anambra, Kogi, Bayelsa, Ekiti, Edo, Ondo, and Osun now hold on different dates.  
Judiciary it was who has been nullifying many of the rash and unconstitutional impeachments of many deputy governors and indeed governors by the State Houses of Assembly. Among them was the nullification of the impeachments of former Governor Murtala Nyako of Adamawa State as well as those of the ex-Deputy Governors Sunday Onyebuchi of Enugu State, Mohammed Garba Gadi of Bauchi State, and  Ali Olanusi of Ondo State.   
Much as I like the way Nigerian judiciary has been redressing injustices in our electioneering processes, I wish that our lawmakers will amend the Constitution to put time limit to pre-election matters just like they did in 2010 for post- election matters. Most of the above cited cases were pre-election matters and they have taken the courts average of two years to make final pronouncements   on who are the rightful candidates in the legislative elections. Though those sacked have been asked to refund all the monies collected, however, unlike in the cases of the executive positions where the tenure of the winners will start to count from when they are inaugurated, the tenure of a legislator ends simultaneously with those of his or her colleagues who had been in office while the plaintiffs were in courts. This is unfair.
Of what essence is the constitutional requirement that INEC should observe party primaries, congresses and conventions when by virtue of section 31 (1) of the Electoral Act 2010, as amended, the electoral body is divested of any say in who the rightful candidate of the party is, even when it knows that some of the candidates emerged from flawed nomination process? Since political parties have proved incorrigible in following due process in nominating their candidates, thereby constituting burden on the judiciary, it is my considered view that INEC should be involved in the screening of candidates put forward by parties for election.
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Wednesday, June 21, 2017

My stand on restructuring of Nigeria

For quite some time now, there has been clamour for restructuring of Nigeria. Not a few people, I inclusive, believe that the solution to the heightening socio-political tension currently being experienced in Nigeria lies in making our federal system of government work better. Since the June 6, 2017 provocative Arewa youths quit order to Igbos to vacate the 19 northern states within three months, many observers had called on the federal government to dust up the 2014 National Conference report for implementation so that the brewing tension can be doused.
One thing most Nigerians agreed on is that our current federal system is fundamentally flawed and skewed in practice. It does not guarantee equity, justice and fairness. There are ample evidences to cite about the marginalisation, discrimination, criminal neglect and domination of one ethnic group against the other. The federal character principle which was designed to address the fears of the minorities and promote inclusive governance has been grossly abused by the operators of the system. Appointments and citing of projects are being done with heavy dose of politics and nepotism. These are what have led the Igbos to demand for sovereign state of Biafra or self-determination.  The major beneficiary of the status quo is northern Nigeria and it is not unexpected that its elites do not want restructuring.
Whether we like it or not, the salvation of this country lies solely on changing the current order of doing things. Like I said in my opinion on this page last week, there is need for inclusive governance, justice and development. In contributing to the ongoing debate on what needs to be tinkered with to make our federal system work better, I have decided to highlight a number of things. To my own mind, there is need for restructuring of our politics, governance and economic structures. How do I mean?
In terms of politics, there is need to sanitise our electoral process and political system as a whole. Multiparty system is best suited for us and that should not be compromised. However, a scenario where about 90 applications of political associations wanting to register as political parties after the Independent National Electoral Commission recently licensed five new political parties to the hitherto 40 worries me. Because the conditions for registering political parties are not very stringent, all Tom, Dick and Harry want to register one. My take on this phenomenon is that INEC should go on to register as many political associations as may want to become political parties. However, there should be condition precedent to having such parties been allowed to field candidates at elections. I shudder at a situation where we would have over 100 political parties by 2019 and all of them being allowed to field candidates and present party agents at the Polling Units. This will make voter education and election security very tasking. I believe in independent candidacy but there should be stringent conditions stipulated  to be met by anyone who wants to run as independent.  If this is not done it will create a logistic nightmare for the election management bodies.
As part of the wider political reform, there should be amendment of the relevant legal regime for elections to guarantee  electronic voting, out-of-country voting (Diaspora voting), early voting as well as  affirmative action for vulnerable groups such as the youths, women and Persons with Disability. Establishment of electoral offences commission to deal with infractions and violations of electoral codes has also become imperative.
I don’t believe in   regionalism in the sense of scrapping the states to now go back to the pre-1963 status of having three regions. Rather, there should be no more state creation. We should maintain the 36 states structure for now. However, States should be the federating units while local government should be delisted from the Constitution and made to be subject of states. In this sense, revenue allocation should be between federal and state government while States are now at liberty to create the number of local government they desire.  I am of the opinion that there is need for State Police and Prison just like we have State High Court.  This will fasten the justice delivery system.  State Independent Electoral Commission need not be scrapped but granted financial and administrative autonomy just like INEC currently enjoys.
Part of the restructuring I am advocating should also see to the inclusion of power rotation and zoning clause in our Constitution for key leadership positions at all tiers of government. The rationale behind the strident call for self-determination by the Igbos is the allegations of being alienated from the presidency. If there is formal power rotation arrangement among the major ethnic groups it would help douse tension of political marginalisation. However, for there to be quick rotation, executive positions should be for one term of six years at the level of president and governors while it could be single term of three years at the local government levels.
I am a strong advocate of devolution of powers from the current omnibus exclusive legislative list to the concurrent and residual list.  At present, there are 68 items under the exclusive legislative list while the concurrent list has only 12.  Issues like prison, police, railway, electricity should be devolved to the concurrent list. Concomitant to the devolution of powers is the need for the review of revenue allocation formula in favour of states. At present, the Federal Government takes 46.5 per cent of the revenue while the states take 26 per cent and local government 20 per cent while 7.5 per cent goes to special fund. Given my advocacy for the local government to be subjected to state control,   therefore allocation due to them should go to states.
In restructuring Nigeria, there should also be fiscal federalism or resource control. This ‘suckling federalism’ where states and local government come to Abuja every month for allocation is wrong. Each state should be allowed to explore and control  all natural resources found in its environment be it oil and gas, solid minerals or agricultural resources  and retain 50 per cent of the accrued revenue while the remaining fifty per cent should be paid to the coffers of federal government to run its administration.
It is also imperative that the economy is diversified so that the country is weaned off over dependence on oil and gas for its national income. Other areas that need to be full explored by all tiers of government to boost their revenue include sports, entertainment, tourism, agriculture, and solid minerals. There is also the need to come up with tax friendly policy that will make people to voluntarily pay tax.  With more people paying tax, there will be more money available to government for development.

What needs to be done now? All the aforesaid are contained in the plethora of conferences and presidential committee reports currently gathering dust in the presidency. At least, we have among them the 1995 Abacha Conference report, the 2005 National Political Reform Conference Report, the 2008 Justice Muhammadu Uwais Electoral Reform Committee Report, the 2011 Sheik Ahmed Lemu Electoral Violence Report, 2014 National Conference Report and the 2017 Senator Ken Nnamani  Electoral Committee Report. I suggest that the Acting President Yemi Osinbajo should set up a technical committee to operationalise some of the key recommendations of these reports and start to implement those that have to do with policies while those that need constitutional amendment should be sent to the National Assembly as Executive Bill without any further delay. This technical committee should not be more than 15 and should sit for not more than three months. While this is going on, the Acting President should intensify his dialogue with different ethnic groups; start to correct the perceived injustices in terms of appointments and provision of infrastructure while ensuring that security agencies are on high alert to deal with any acts of internal insurrection.

Tuesday, June 20, 2017

Arewa youths provocative quit notice to Igbos

June 6, 2017 is an ominous day in the history of Nigeria. On that day, a coalition of Northern youth groups   addressed a press conference at Arewa House in Kaduna where they issued a proclamation that the 19 Northern States of Nigeria are pulling out of the country as they can no longer co-habit with the Igbos whom they labeled as being acrimonious, ingrate, violent and the architect of the 1967 – 1970 civil war. They therefore gave three months quit notice to all the Igbos living in Northern Nigeria to relocate elsewhere while also asking all Northerners living in the south-eastern states to leave the region and return to their respective states. The youth groups accused Northern elders of being unperturbed with the secessionist activities of the Igbos and pursuing a fruitless pacifist agenda with the Igbos.
 According to Alhaji Abdulaziz Suleiman who spoke on behalf of the groups, “We are hereby placing the Nigerian authorities and the entire nation on notice, that as from the 1st October, 2017, we shall commence the implementation of visible actions to prove to the whole world that we are no longer part of any federal union that should do with the Igbos. From that date, effective, peaceful and safe mop-up of all the remnants of the stubborn Igbos that neglect to heed this quit notice shall commence to finally eject them from every part of the North. And finally, all authorities, individuals or groups are hereby advised against attempting to undermine this declaration by insisting on this union with the Igbos who have thus far proved to be an unnecessary baggage carried too far and for too long.”
Since it was made, this infantile and provocative declaration by the misguided Northern youths has generated heated controversies. Many political watchers have labeled it as treasonable and called for the arrest of the leaders of the youth groups. The Emir of Katsina, Alhaji Abdulmumini Kabir while  addressing  leaders of Igbo community and other Nigerians residing in Katsina State called the Northern Youth Group who issued quit notice to Igbos as ‘enemies of peace’ and  promised to protect the Igbos. He was quoted to have said emphatically that “Here in Katsina, I am ready to sacrifice my last drop of blood to ensure peace and protect all Nigerians residing in the state’’.  While many well-meaning Northerners including the Northern Governors Forum have disowned and condemned the reckless and inflammatory declaration of the Northern youths, some of the elders of the region have openly expressed support for them.
For instance, the Northern Elders’ Forum expressed support for the call by the Coalition of Northern Youth Groups for Igbos to leave the region within three months. Prof. Ango Abdullahi, the NEF spokesperson told newsmen in Zaria on June 9, 2017 that it was hypocritical for the Igbos to continue to live in other parts of the country while agitating for Nigeria’s break up.
Now this is my take on all these ruckus and brouhaha.  If you must blame the hawk for wickedness, first blame mother hen for exposing her children to danger. The agitation by Movement for the Actualisation of the Sovereign State of Biafra (MASSOB) and that of its offshoot, Indigenous People of Biafra (IPOB) for self-determination provoked the Northern youths to issue the quit notice. Over the years, Igbos have complained of being marginalised in Nigerian federation. The declaration of the Biafra Republic and the eventual fratricidal civil war of 1967 – 1970 were borne out of perceived marginalisation and discriminations against the Igbos. The reemergence for the agitation for Biafra by MASSOB and IPOB in the recent past is also linked to the same issues of injustice, inequality and unfair treatment.  
The arrowheads and masterminds of these militia groups are quick to point out lack of federal presence in the South East Nigeria, bad state of infrastructure in the zone, discriminations against the Igbos in federal appointments under this All Progressives Congress government of President Muhammadu Buhari, lack of support for Igbo presidency, the fact that South East has the least number of states among the six geo-political zones are some of the reasons cited to back their claims for secession and self-determination.  The members of House of Representatives from the South East recently made a heavy weather of the rejection of South East Development Commission in the green chamber. They claimed it is part of the marginalisation of the South East to prevent the region from developing.
There is also an element of politics in what is happening between the Arewa youths and the Igbos. The latter is angling for presidency in 2019 and the Northern elite will have none of it.  The PUNCH of Wednesday, June 14, 2019 reported that the Ohanaeze Ndigbo Youth Council said the Ndigbo must produce the country’s President in 2019.  “It is Igbo Presidency in 2019 or Biafra 2020,” the OYC, the umbrella body of Igbo youths allegedly declared in a communiqué signed by its General Secretary, Okwu Nnabuike.
My reading of this whole saga is that the Igbos stepped up agitation for self-determination in a similar manner that the Yorubas and Ijaws did to attain the presidency of Nigeria. As I noted in a piece entitled “Restructure for Inclusive Governance, Justice and Development” published in The PUNCH of Wednesday, June 14, 2017, “The point being made in reference to the emergence of pressure groups and ethnic militias is that they are ‘children of necessity’ formed to demand for the redress of certain inequalities, injustices, discriminations and marginalisation.  The Yorubas were demanding for the Oodua Republic until the atonement of the annulment of June 12 election was done by first naming Chief Ernest Sonekan who is also an Egba man like the late MKO Abiola as the President of the Interim National Government and later in 1999 the fielding of two eminent Yoruba sons (Chief Olu Falae and Chief Olusegun Obasanjo) as presidential candidates out of which the latter became the first president of the Fourth Republic Nigeria. The emergence of President Goodluck Jonathan first as Vice President in 2007 and later as Acting President in 2010 and eventually as an elected president in 2011 cannot be devoid from the agitations for the emancipation of Niger Delta by Isaac Adaka Boro and his group, the Ken Saro Wiwa and his Movement for the Survival of Ogoni People’s lieutenants and the activism of MEND”.
Now, with the debilitating health of President Muhammadu Buhari keeping him out of the saddle and leaving power in the hands of Prof. Yemi Osinbajo, a Yoruba man who is acting president, the North is afraid of the repeat of 2010 scenario when due to the death of President Umaru  Musa YarAdua power was reluctantly transferred to Dr. Goodluck Ebele Jonathan as Acting president who after serving out the remainder of YarAdua’s presidency sought and won a fresh mandate in 2011 and even put himself forward to contest in 2015 against the gentleman’s agreement he allegedly had with the Northern elite. To me, Arewa youths are a counterforce to IPOB and MASSOB. Thus, all the agitations and vituperations by the Northern and South Eastern youth groups and militias are manifestations of power struggle for 2019. That needed to be understood.
Secondly, the power struggle is also geared towards arm-twisting the North to support the restructuring of Nigerian federation in order to ensure justice, equity and fair play. In restructuring, part of the issues that need to be taken on board is power rotation and zoning, not between North and South but among the major ethnic groups in the country, devolution of power from the omnibus exclusive legislative list with 68 items to the concurrent legislative list with about 12 items, review of the revenue sharing formula in favour of states, scrapping of local government while making states federating units with each state at liberty to establish the number of local government it can cater for, diversification of the economy from oil and gas dependence to agriculture, solid minerals, tourism, sports, entertainment and manufacturing .
In restructuring, I do not support the convocation of sovereign national conference. The 2005 National Political Conference Report and 2014 National Conference Report should be distilled by a small technical committee within two months with some of the key recommendations that will ensure inclusive governance, justice and development sent to the national assembly as executive bill to be passed expeditiously. Failure to restructure this country may lead to either a military coup or balkanization of this country. Already, the indigenous people of Abuja have commenced their protests against their perceived marginalisation in terms of appointments and provision of welfare services.

It is commendable that Acting President Yemi Osinbajo has commenced wide consultations with various interest groups starting with Northern Elders and South-East leaders. While the peace talk is a soothing balm to calm frayed nerves, the ultimate solution to rein in agitations which is driving the country to the precipice of war is good governance, justice to all and egalitarian society where none is oppressed or suppressed.

Wednesday, June 14, 2017

Restructure for inclusive governance, justice and development

Rebellion cannot exist without the feeling that somewhere, in some way, you are justified          - Albert Camus
 The call for restructuring has never been this strident. Virtually on daily basis the trending news is about the need to restructure this country, Nigeria.  The demand by Movement for the Actualisation of the Sovereign State of Biafra and its offshoot, the Indigenous People of Biafra for self-determination and similar demand by groups such as the Movement for the Emancipation of Niger Delta as well as Niger Delta Avengers have kept the issue in front burner. The agitations for self-determination are borne largely as a result of real and perceived marginalisation by different ethno-religious groups.  
Last Monday was the 24th commemoration of the fiendish annulment of the June 12, 1993 presidential election by the military junta of Ibrahim Badamasi Babangida. The poll was considered by political observers as the most peaceful, freest and fairest in the over 90 years of Nigeria’s electoral democracy.  I recall with nostalgia that the mass protests organised by the labour and civil society organisations sent shockwaves around the world and precipitated the eventual return to civil rule and birth of the Fourth Republic in 1999. Aftermath of the annulment emerged the National Democratic Coalition better known as NADECO as well as the ethnic militia known as Oodua Peoples Congress.  
The point being made in reference to the emergence of pressure groups and ethnic militias is that they are ‘children of necessity’ formed to demand for the redress of certain inequalities, injustices, discriminations and marginalisation.  The Yorubas were demanding for the Oodua Republic until the atonement of the annulment of June 12 election was done by first naming Chief Ernest Sonekan who is also an Egba man like the late MKO Abiola as the President of the Interim National Government and later in 1999 the fielding of two eminent Yoruba sons (Chief Olu Falae and Chief Olusegun Obasanjo) as presidential candidates out of which the latter became the first president of the Fourth Republic Nigeria. The emergence of President Goodluck Jonathan first as Vice President in 2007 and later as Acting President in 2010 and eventually as an elected president in 2011 cannot be devoid from the agitations for the emancipation of Niger Delta by Isaac Adaka Boro and his group, the Ken Saro Wiwa and his Movemet for the Survival of Ogoni People’s lieutenants and the activism of MEND
Like I said in an interview granted a number of media outlets on the issue of restructuring, the declaration of the Biafra Republic and the eventual fratricidal civil war of 1967 – 1970 were borne out of perceived marginalisation and discriminations against the Igbos. The reemergence for the agitation for Biafra by MASSOB and IPOB in the recent past is also linked to the same issues of injustice, inequality and unfair treatment.   The arrowheads and masterminds of these militia groups are quick to point out lack of federal presence in the South East Nigeria, bad state of infrastructure in the zone, discriminations against the Igbos in federal appointments under this All Progressives Congress government of President Muhammadu Buhari, lack of support for Igbo presidency since 1966 when the tenure of the presidency of Dr. Nanmdi Azikwe and General Aguiyi Ironsi were cut short by military coups. The members of House of Representatives from the South East recently made a heavy weather of the rejection of South East Development Commission in the green chamber. They claimed it is part of the marginalisation of the South East to prevent the region from developing.
The cry of marginalisation is not only against the presidential action or inactions of the Federal Government; even intra-state, similar agitations obtains. People of Oyo North are clamouring for the introduction of power rotation that will factor them into the governance structure of Oyo State. No indigene of Oyo North had been governor of the State. Similarly, the Yewa/Awori people of Ogun State had never been governor since the state was carved out of Western Region in 1976. In Benue State, no Idoma person had ever been governor of the state. Late governor Patrick Yakowa was the first indigene of Southern Kaduna to be governor of Kaduna State. His emergence was regarded as accidental. In Kogi State, someone from the Okun-land in Kogi West had never been governor. Likewise, am told that only a Kanuri man can be governor in Borno State. All the aforementioned iniquitous acts are the underlining factors behind the strident call for restructuring of Nigeria.
In a bid to contribute to the discourse on the issue of restructuring as well as proffer solutions to the lingering agitation for it, the National Institute for Policy and Strategic Studies on May 30, 2017 organised  a Think-Tank Conference on the theme: Federalism and the Challenges of Dynamic Equilibrium in Nigeria: Towards a National Strategy. I was privileged to be among the distinguished participants. According to the Institute’s Acting Director General Mr. Jonathan Mela Juma the conference was designed to provide answers to some of the following questions: “What kinds of policies are favourable for maintaining unity in diversity in the operation of our federal system? How can our federal system be made to increasingly protect and accommodate a veritable crucible of diversities within the country? What mechanisms, among other aspects, could be considered to guarantee equal access to basic services for all groups living within the federation? In other words, are there mechanisms to provide all groups with equal access to economic and political decision making processes, arrangements for affirmative action to protect the rights of minorities and disadvantaged groups, policies for effective communication, and to ensure equal inclusion of all groups in development policies? What factors have proven key to the success (or failure) of federalism in Nigeria to play its potential role in reversing or quarantining deep-rooted conflicts? Indeed, how can Nigeria’s federalism maintain a dynamic equilibrium between centrifugal and centripetal forces in the country without excessively overheating the political system?”
Speakers and discussants which include the Attorney General and Minster of Justice, Abubakar Malami, SAN, former Minister of Information, Prof. Sam Oyovbaire, Resident Electoral Commissioner Designate, Prof. Sam Egwu, INEC National Commissioner, Prof. Okey Ibeanu as well as other academic juggernauts like Prof. Adele Jinadu, Prof. Dakas C.J Dakas, SAN  and Professor Etanibi Alemika all gave insights into how best we can restructure our warped federalism in order to have an inclusive, just and egalitarian society.  
In the opinion of the Minister of Justice, ”It is true that Nigeria’s federal system has been experiencing challenges and there have been agitations and prescriptions to reform and modify it. Reforms and modifications of institutional arrangements, systems and processes are normal in federations but are not done in single swoop as being advocated in Nigeria. Mega changes are not healthy for federations. Change is a gradual process that must be democratic and subjected to legislative and administrative processes as provided by law”.
The chief law officer of Nigeria further stated that  “As political realities and experiences across the world have shown, all federations, whether established by a 'coming together' or ‘holding together' process, experience deep-rooted conflicts and ours cannot be an isolated case. In Nigeria today, there are demands for restructuring, for deconstructing the excessive concentration of powers at the center, for a dispersion of power to the lower levels of government along with special provisions for the empowerment of women and other socially disadvantaged groups, for the country to move away from the cooperative federalism of several decades to a more competitive form of economic federalism, for a fiscal federalism that presents the challenge of addressing regional inequalities, and of balancing the concerns of equity and efficiency in intergovernmental fiscal relations, among many others.”
I align my thoughts with those of the AGF. We all know the problems of Nigeria’s federalism. I have earlier in this piece highlighted some of them. Shall we then fashion out enduring solutions to them? For me, whatever will bring about good governance, dividends of democracy, higher standard of living for majority of citizens, inclusive governance will get my support. End of story!

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Wednesday, June 7, 2017

Buhari, second half is more important to win game

The game of football has a number of striking similarities with politics. Both are team game. They have referees who ensure that team members play by the rule. In the game of politics, the referee is the election management body which conducts elections. Football teams have coaches and team captain. So do the game of politics. Party executives who organise party primaries from which candidates are nominated for general elections can be likened to the technical team who are responsible for players’ selection in football game. The leaders who emerged after election such as the President, Governors, Local Government  Chairpersons, Senate President, House of Representative Speaker and Speakers of respective State Houses of Assembly could be regarded as team captains. Most importantly, there are two halves in football, likewise in politics.  In football, the second half is more important than the first because that is when games are won and lost.
In a football game, a team could be leading by a wide margin only for the losing team in the first half to rally round after the half time break, draw level and even go ahead to defeat the opponent who was leading with wide margin in the first half. It happened in Saudi ’89 when Nigeria recorded what was regarded as a rare feat. According to Wikipedia “The Miracle of Dammam also known as The Dammam Miracle was the name given to the result of a quarter-final football match between the Nigerian U-20 football team and the USSR U-20 football team at the 1989 FIFA World Youth Championship in Saudi Arabia which the Nigerian U-20 team went on to win on penalties. The match created a footballing record as Nigeria became the first team to come back from four goals down to equalize and then go on to win a FIFA World Cup match at any level.
In politics, as in football, a government may be up to a bad start. It could wobble and fumble in the first two years of a four years term and after an objective SWOT (Strengths, Weaknesses, Opportunities and Threats) analysis; the government with sincerity of purpose can turn its weaknesses to strengths and threats to opportunities. Akin to the game of football, second half of a government is more important than the first half.
The All Progressives Congress government of President Muhammadu Buhari had just clocked two years on May 29, 2017. This Friday, June 9, the Eight National Assembly will be two years since inauguration. There has been a lot of kudos and knocks since the celebration of this second anniversary of APC government started. While those in government at all levels – federal, state and local – are busy congratulating themselves and awarding pass mark for their laudable achivements; a lot of Nigerian masses are wearing long faces, bemoaning their fate under a government that promises a clean break from the ignominious past. I have had a rare privilege of discussing the achievements and challenges of this administration in its two years in power on different media platforms particularly on television and radio.
Sincerely, if one is to use the federal government as a barometer to measure performance, my personal verdict will be a fair performance. However, if one is to throw all tiers of government into the mix, the score will be bad or failure.  I visited the site named ‘Buharimeter’ established by the Centre for Democracy and Development to track performance of President Muhammadu Buhari’s campaign promises. CDD had collated 222 campaign promises out of which it claimed only two had been achieved while 54 are ongoing. The other 166 promises were not rated.
Perhaps CDD was being uncharitable to PMB administration. Let’s look at what a foremost Nigeria opinion survey company called NOI Polls published as Buhari’s scorecard in two years. According to the Agency, it conducted performance rating of the current administration in the week of May 22 across 10 indicators. The result shows that Nigerians rated the President highest in the area of Security with 47 per cent followed by Corruption  -  45 per cent, Agriculture and Food Security  –  40 per cent,  Power  – 28 per cent, and Healthcare – 27 per cent. Other indicators rated are: Infrastructure - 23 per cent, Education – 19 per cent, Economy – 14 per cent, Job Creation - 13 per cent and lastly, Poverty Alleviation – 9 per cent.  It should be noted that the administration did not score up to 50 per cent out of all the ten areas rated. This shows that this administration has a long way to go to convince Nigerians that voting it to power in 2015 was not a mistake.
In fairness to this government, it has achieved a number of things particularly in the areas of security and anti-corruption. For instance, as enunciated in the speech of Acting President Yemi Osinbajo on May 29 as well as the media chat by Publicity Secretary of APC, Malam Bolaji Abdullahi on the two years of his party in power, the administration has been able to reclaim all the territories previously occupied by Boko Haram insurgents as well as secured the release of over 100 kidnapped Chibok school girls. It has also decimated the capacity of the religious extremist group. However, on the flip side, there is a spike in the incidences of crimes and criminality with cases of robbery, kidnapping and herders and farmers conflict assuming alarming proportion.
In the aspect of anti-corruption, in the last 24 months of this administration, it had introduced a number of measures which had yielded positive results in blocking economic drainpipes as well as recovery of loot. Some of the measures include the Treasury Single Account; Setting up Efficiency Unit in the Federal Civil Service;  Wedding out of ‘Ghost Workers’ from public service; Introduction of Whistle-Blowing Policy;  Arrest, investigation and prosecution of some alleged corrupt judges as well as the recent suspension of the Secretary to the Federal Government, Engr. Babachir David Lawal and Director General of National Intelligence Agency, Ambassador Ayodele Oke over corruption allegation and abuse of office.
Quite unfortunately, the federal government has not achieved much success in the area of the economy. In 2016 we slipped into recession and getting us out of it has been a Herculean task. There was a huge revenue fall from sale of crude oil due to low oil price in the international market as well as volatility and restiveness in the Niger Delta region; with illegal oil bunkering and pipeline vandalism being carried out with reckless abandon.  Thankfully, oil prices has picked up in international market while some semblance of peace has been achieved through dialogue in the Niger Delta. Even the foreign exchange challenge has been largely resolved with Naira now gaining strength against Dollar and other international currencies like Pound Sterling and Euro. The N500bn Social Intervention Programme of this government is also on course.
 In order to shore up its dwindling revenue, this administration started to enforce N50 Stamp Duty on banking transactions, brought more people to the tax net, increased pump price of premium motor spirit from N87 to N145, sold off some of the aircraft in the presidential air fleet, launched ‘Change Begins With Me’ part of which is ‘Buy Made in Nigeria’ products. It has also launched agriculture and solid mineral roadmaps as well as the Economic Recovery and Growth Plan.  A couple of weeks back, the Acting President also signed off three Executive Orders aimed at promoting ‘Ease of Doing Business’  and general business climate.

All said, our warped budgeting system has been a cog in the wheel of economic progress. Imagine, the federal budget is not yet ready for implementation mid-year! Public electricity is still very epileptic while many other infrastructures are yet to be fixed. Worse still is backlog of salaries being owed workers, pensioners’ as well as contractors especially at sub-national level. My unsolicited advice to this APC government is to seize the opportunity of this mid-term review to redouble efforts to tackle poverty, unemployment, infrastructure and security so that come 2019, Nigerian electorate can still return it to power. Otherwise, PMB and his lieutenants should know that the cane used to beat the senior wife is still at the rooftop to discipline the new bride. Enough said!