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Imperatives of Good Governance in a Depressed Economy with Security Challenges

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By Attahiru M. Jega, PhD

Keynote Address at the Inaugural Lecture, Organized in Honour of Rt. Hon. Umaru Bago Mohammed, the Governor-Elect, Niger State, May 25, 2023, at the Justice Idris Legbo Kutigi International Conference Centre, Minna, Niger State.

“Bad Governance is being increasingly regarded as one of the root causes of all evil within our societies” — UNESCAP 

Introduction

Governance is defined by UNESCAP as “the process of decision-making and the process by which decisions are implemented (or not implemented)”.

Thus defined, governance is necessary for societal transformation, especially in the liberal democratic contexts of modern nation states, in which, theoretically and philosophically, the “state”, or narrowly “government”, led by elected representatives of the citizens, is assigned the key role of protecting lives and property, and advancing the welfare of citizens.
 

However, the nature and extent of societal transformation, positively or negatively, is conditional on whether a modern nation state is characterised by ‘good’ or ‘bad’ governance. 

Good governance is driven by elected representatives / public officials/ public office holders who are selfless, visionary, and who are responsible and responsive to the needs and aspirations of those who elected them; those whom they represent. Such officeholders operate within the constitutional and legal framework, lead by example, and ensure that policies are planned, designed and implemented for the benefit of all, without discrimination, inequality and inequity. They harness societal resources to efficiently and effectively address the fundamental needs and aspirations of all citizens. 

On the contrary, bad governance is occasioned by bad and reckless elected officeholders/ representatives; who are either in experienced and/or incompetent, but in any case self-serving and narrow-minded; who either personalise state treasury, or look the other way while others do so; and who pursue divisive and exclusionary policies, without regard to principles of equality of opportunity, equity, justice and the rule of law.

A nation, which has the misfortune of being bedevilled by bad governance, squanders its resources and opportunities for protecting and defending the human dignity and security of the overwhelming majority its citizens. Rather, such a nation only very narrowly, if at all, satisfies the idiosyncratic and greedy aspirations of a small clique of the ruling elite and their clients to the detriment of collective needs and aspirations of all its citizens. In such a nation state, socio-economic, and democratic development on the trajectory of liberal / representative democracy, is obstructed and subverted by reckless, insensitive and self-serving ruling cliques and their clients.

In such a situation, the prospects for socioeconomic and democratic development are only possible and realisable, if the imperatives of good governance are recognised, nurtured and entrenched, in spite of the senseless proclivities of the ruling / ‘governing classes.’ 

Philosophical and Theoretical Foundations of Representation Democracy

Liberal / representative democracy is premised on the theoretical and philosophical postulation that in modern nation-states, citizens should freely choose / elect their representatives into elective positions of leadership in the governance institutions, notably the executive, legislative and sometimes even judicial, branches of government. For the purpose of choosing representatives, modern nation-states are divided into electoral constituencies and citizens in each constituency elect one or more persons from among themselves to represent them in the governance organs and institutions of their country at all levels, national, state and local. Those elected are said to be granted a mandate to act on behalf of the other citizens, the electorate, while occupying the positions into which they have been elected. Representatives are elected for a defined tenure (for example 4-, 5-, or 7- year tenure), mostly renewable, and regularly validated through periodic elections or withdrawn through recall elections. 

Similarly, in this theoretical and philosophical postulation, political parties play the role of interest aggregation and articulation, they organize citizens on the basis of the aggregated interests, and they select, recruit and field candidates for elections based on those aggregated and articulated interests, which are presented as political parties’ electoral platform/manifestoes. Once elected, representatives are expected to act in accordance with these articulated interests.

In addition, elections are perceived as necessary for choosing good representatives who help to nurture good democratic governance, in terms of efficient and effective delivery of public goods and services to the public, and especially with regards to protecting and advancing human dignity, as well as human security in all its ramifications. Similarly, it is perceived that electoral integrity gives rise to good quality choice of representatives, when those who prepare for, and conduct, elections are seen to be independent, impartial, non-partisan, professional, competent and efficient, and the conduct of the elections is perceived nationally and internationally to be credible. Other necessary requirements for electoral integrity are: strict adherence to the electoral legal framework by all those involved in the electoral process, from political parties, to candidates, election officials, voters and other stakeholders; efficient and adequate logistical preparations for elections; transparent and efficient conduct of all aspects of the election; and a well secured electoral environment, which eliminates fear that can immobilize or demobilize the electorate, with regards to harassment, violence and irregular disruption of the electoral/electioneering processes.

It is the expectation that, ideally, a country that evolves within this liberal democratic tradition, would have responsible and responsive elected, representative officeholders, who would nurture, entrench, and institutionalise values, beliefs and practice of good governance, for their societal progress and development. 

In reality, however, the ideal is hardly ever attained. Political culture is differentiated, character and disposition of human agency impact on historical experiences, and the quality of governance becomes differentiated. Thus, while some countries over long periods, through practice, have refined and strengthened their political culture strengthened their governance institutions, deepened their democratic development towards sustainability, in other countries, due to certain historical experiences and circumstances, have remained fragile, unstable, characterised by bad governance, and constantly threatened by the possibility of authoritarian reversal. Countries, such as Nigeria belong to this category.

Nigeria: Background and context

Nigeria in its present form is no doubt a modern-nation state, albeit of complex diversity, manufactured by the British colonialists, and it has been epileptically pursuing a ‘democratic development’ trajectory, of the liberal democratic tradition. This commenced with precolonial and post-colonial governance institutions and processes, until 1966 when the military took over power from elected civilians. After prolonged authoritarian rule, the military returned the country on the same liberal democratic development trajectory, with slight modification, i.e., from the British type parliamentary system of government (1946 – 1966), to the American type presidential system of government (from 1979 – 83), and indeed for the past 23/24 years, since 1999. 

During this period, neither desirable democratic development nor good governance have been institutionalised and entrenched, except perhaps, arguably, in the short period 1960 – 1966. In particular, in the period since return to civil rule in 1999, the quality of Nigeria’s governance and democratic development seems to have deteriorated. While Nigeria seems to have evaded a total slide back into authoritarian rule in the past 24 years, it has merely been muddling through socio-economic development engulfed in bad governance.  

Whatever global comparative indices / measures one uses, there is no doubting that bad governance is, in general being, recklessly, ‘institutionalised’, if not entrenched. The country is, literally, being run aground, as illustrated by the worrisome data of high incidences of poverty, high statistics of unemployment especially among the youthful population, high rates of inflation, heightened and generalised insecurity, and acute threats to human security generally. As Table 1 illustrates, Nigeria ranks lowly on many of these comparative ranking variables. Similarly, even in comparison to other countries in the ECOWAS, West African sub-region, as Tables 2 and 3 illustrate, Nigeria’s comparative ranking, with regards to democracy, and perception of electoral integrity, is not at all impressive. 

Table 1: Nigeria’s Ranking and Scores in Global Indices of Democracy, Governance, Freedom, Corruption, Human Development, Electoral Integrity, Quality of Life, Security, Etc.

S/no.

Global Index

Ranking among number of countries measured

Score (measured over 100; or or over 10 or 1)

1.

Corruption Perception Index (CPI)

146/179

26

2.

Censorship Index

115/180

35.63

3.

Democracy 

109/167

4.2

4.

Ease of Doing Business

131/190

56.9

5.

Fragile State Index

14/178

97.3

6.

Gender Gap Index

128/153

0.635

7.

Human Freedom Index

Partly Free

48

8.

Ibrahim Index of African Governance

33/54

47.9

9.

Human Development Index

158/189

0.534

10.

Organized Crime Index (African)

1/54

7.65

11.

Perception of Electoral Integrity 

53

12.

Multidimensional Poverty Index (MPI)

0.254 

13.

Quality of Life (PQLI)

82/82

54.91

14.

Religious Freedom Index

127/160

35.50

15.

Insecurity / Global Peace Index

143/163

16.

Global Hunger Index (GHI)

103/121

27.3

Sources/References

1. UNDP and Oxford Poverty and Human Development Initiative (OPHI). The 2020 Global Multidimensional Poverty Index (MPI)

2. Global Initiative Against Organized Crime. Organized Crime Index. Africa2019. 

3. 2020 World Press Freedom Index.

4. Freedom House. Freedom in the World 2020.

5. World Bank. Doing Business 2020. 

6. Transparency International. The Corruption Perception Index. 

7. World Economic Forum. Global Gender Gap Report 2020. 

8. Mo Ibrahim Foundation. 2019 African Governance Report.

9. Electoral Integrity Project. 2019. Electoral Integrity Worldwide 2012 – 2018.

10. UNDP. 2019. Human Development Report.

10. Foundation for the Advancement of Liberty. World Index of Moral Freedom.

11. Fund for Peace. Fragile States Index 2020.

12. Quality of Life Index by Country. 

13. Economist Intelligence Unit (EIU). Democracy Index 2020

14. 2022 Global Peace Index. 

15. Global Hunger Index 2022

TABLE 2: ECOWAS COUNTRIES RANKING IN EIU DEMOCRACY INDEX 2020

Rank

Country

Political Regime Type/Classification

Index

1.

Cabo Verde

Flawed Democracy

7.65

2.

Ghana

Flawed Democracy

6.50

3.

Senegal 

Hybrid Democracy

5.67

4.

Liberia 

Hybrid 

5.32

5.

Sierra Leone

Hybrid 

4.86

6.

Benin 

Hybrid 

4.58

7.

The Gambia

Hybrid 

4.49

8.

Cote d’Ivoire

Hybrid 

4.11

9.

Nigeria 

Hybrid 

4.10

10.

Mali 

Authoritarian 

3.93

11.

Burkina Faso

Authoritarian

3.73

12.

Niger 

Authoritarian

3.29

13.

Guinea 

Authoritarian

3.08

14.

Togo 

Authoritarian

2.80

15.

Guinea-Bissau

Authoritarian

2.63

ECOWAS REGION AVERAGE

SSA (44 Countries) AVERAGE

4.6

Source: Economist Intelligence Unit, Democracy Index 2020. Wikipedia.webarchive

TABLE 3: ECOWAS COUNTRIES RANKING ON PERCEPTION OF ELECTORAL INTEGRITY INDEX 2018 – 2019

Ranking

Country

Score

1.

Cabo Verde

71

2.

Benin

70

3.

Ghana

65

4.

Cote d’Ivoire

56

5.

Liberia

54

Guinea-Bissau

54

6.

Nigeria

53

Burkina Faso

53

Sierra Leone

53

7.

Niger 

52

8.

The Gambia

50

9.

Senegal

43

10.

Guinea

42

11.

Togo

38

Source: Norris, P. and Max Gromping. Electoral Integrity Worldwide. PEI 7.0 May 2019, page 6.

Nigerian Economic Crisis: Recession, Depression, Etc.

While economists may bicker as to whether the Nigerian economy is in recession or depression, what is clear is that the Nigerian economy is engulfed in a multi-dimensional crisis, characterised by slow GDP growth rate (3.10 in 2022 compared to 3.40 in 2021); high unemployment rate (37.7% in 2022 compared to 33.3% in 2021; indeed KPMG project this to rise to 41% in 2023); humongous debt profile of N46.25 trillion in 2022, according to DMO; and high inflation rate of 22.22% in 2023, according to NBS. Other dimensions of the Nigerian economic crisis include declining productivity in the manufacturing sector, excessive reliance on imported manufactured goods in the context of rising exchange rate of the dollar and the pound against the naira; and continued dependence on revenues from the export of crude oil, which in 2022 represented 80% of national revenue.

The crisis is essentially attributable to bad governance, represented by lack of visionary planning, prioritisation and programming, lack of efficiency and effectiveness in the management of resources, an ineffective and/or inefficient regulatory framework.

Pervasive National Security Challenges 

Many of the prevailing national security challenges in Nigeria are on account of poor management of complex diversity and poor governance, complicated by heightened mobilization of ethno-religious identities, especially political and electoral contestations. Thus, communal, ethno-religious, and even farmer-herder conflicts belong to this category of conflicts. Weak institutional framework for policing and general security provisioning, as well as pervasive corruption in the judiciary have all combined to heighten these security challenges. Since 2009, however, relatively newer challenges have emerged with more damaging consequences on peaceful coexistence in the country, such as the Boko Haram insurgency, militancy in the Niger Delta, IPOB irredentism in the Southeast, and cattle rustling, kidnapping for ransom in virtually all parts of the country, and banditry in the Northwest geopolitical zone. The number of recorded deaths from Boko Haram insurgency and kidnappings alone, rose from 4,633 in 2017, to 6565 in 2018, to 8340 in 2019, and 9,694 in 2020 (EONS Intelligence). While the Buhari government has claimed to have degraded Boko Haram, the inability to totally defeat their insurgency, as well as sufficiently contain the other dimensions of insecurity, which have emerged and flourished, further highlighted the crisis of governance, the collapse of the national security architecture, and the increasing failure of the state to discharge one of its main constitutional responsibility, of protecting lives and property and securing the citizens.

In the present circumstances, after 7 electoral cycles since return to civil rule in 1999, the challenges posed by bad governance are pervasive and all-encompassing. They have bequeathed on Nigeria a relatively dysfunctional system of government, which is increasingly becoming incapable of effectively and efficiently addressing the fundamental needs and aspirations of citizens, with regards to human dignity and security.

Imperatives of Good Governance

At this stage of our national democratic development, given the nature and character of the Nigerian state (as manifested at all levels, federal, state and local), bedevilled as it has been by a ‘depressed’ economy and systemic security challenges, and the disposition of its ruling elite, who have basically generally preoccupied themselves with the pursuit of their self-serving objectives, it is indeed necessary to discuss how best to reposition the political economy towards democratic development predicated on good, democratic governance. 

Citizens of a country that is globally recognised and acknowledged to be essentially characterised by bad governance, need to understand the imperatives of good governance, and work towards bringing it about. This is the situation in which Nigeria currently finds itself.

Drawing from the extensive literature on the subject matter of governance, the essentials of good governance, which Nigeria’s elected leaders / representatives, in particular, and Nigerian patriots/democrats in general, need to appropriately recognise, and take into consideration, in the striving to replace endemic bad governance with good, democratic governance, are as follows:

Providing good quality leadership: predicated on knowledge, experience, competence, integrity, vision, and selflessness

Transparency and accountability in policies and decision-making processes. This would go a long way to engender trust for government among citizens, which is essential during times of crises.

Respect for and compliance with Rule of Law. This is required to mitigate excessive impunity and executive lawlessness, which is all pervasive at all levels of governance.

Efficiency and effectiveness in the management of public resources can go a long way to free resources for prioritisation of citizens welfare and social justice to address the needs and aspirations of the most vulnerable members of society, especially in times of crises.

Participation of citizens in discussing what affects them, based on deliberate inclusivity, is necessary to ender trust, and generate additional ideas and perspectives, and citizens buy-in for addressing collective concerns

Project/programme deliverability, based on a rational, knowledge based deliberative processes should be engendered and sustained.

Careful, even visionary planning is a requirement, and should also be broadly participatory, utilizing a bottom-up approach.

Harnessing resources to address the fundamental needs and aspirations of the citizens with respect to human dignity and security

Equity, equality of opportunity, justice and fair-play, are requirements to ensure that citizens have equal rights and obligations and are treated without fear or favour.

It is noteworthy that, a ‘developing’ if not ‘underdeveloped’ nation-state, such as Nigeria, requires for its sustainable progress and development, not just “good governance”, which is just merely about efficiency and delivery of public goods and services to the citizens, as popularized by the World Bank and IMF since the 1990s, as they strove to mitigate the failure of Structural Adjustment Programmes (SAP). What is most especially required is what I define as Good Democratic Governance, which is a fundamentally inclusive and participatory form of governance in which citizens, as sovereigns, are truly masters of their own destiny in determining who governs them, how they are governed and how governance addresses their fundamental needs and aspirations (see Jega 2021b). For, mere “good governance”, devoid of substantive democratic content, is something that can be found even in brutal authoritarian regimes, via the avenues of “benevolent dictatorship” or “military vanguardism”. However, as the experience of many countries globally has shown, especially those of the so-called “Asian Tigers” fame, mere “good governance” as conceived and promoted by the Bretton Woods institutions is, in the long term, unsustainable and must necessarily be infused with substantive democratic content.

After 21years of ‘transition to democracy’ with increasingly waning, if any, positive beneficial results to overwhelming majority of its citizens, Nigeria needs to reposition its democratic development away from the notion of mere “good governance”, towards the more substantive and desirable notion of good democratic governance. The protection, defence and promotion of citizenship rights and citizens’ human dignity and human security, should be the main purpose of governance, and the overriding activity of government, presided over or led by representatives carefully chosen and mandated by the citizens, through their active participation in elections that have credibility and integrity; elected representatives who are responsible and responsive to the needs and aspirations of those who elected them.

Conclusion

Nigeria has suffered from the grip of bad governance, especially since 1999 under civil ‘democratic’ rule, with serious consequences for unity, stability and sustainable socio-economic and democratic development. All hands need to be on deck to bring into effect sustainable good, democratic governance., as a panacea for socio-economic and democratic development. In essence, good governance, especially what I refer to as good, democratic governance, is necessary for would engender stability, guarantee human dignity and human security, as well as catalyse socio-economic and sustainable democratic development.

All elected officeholders need to study, understand, be able to explain, and put to good use, in practice, the essentials of good democratic governance, namely: leadership by example, transparency and accountability, engendering citizens participation in governance, selflessness, consensus-building, and responsiveness to the needs and aspirations of the citizens. Efficient and effective utilization of collective, public resources, is absolutely necessary, devoid of wastages, and personal aggrandisement. We must develop the competence and capacity to hold public office and provide the required leadership for focused planning, decision-making and policy implementation for societal progress and development. 

References

Jega, A. M. 2021a. Governance, Insecurity, Poverty and Socio-Economic Development in Contemporary Nigeria: Which Way Forward?, 7th Goddy Jidenma Foundation Public Lecture. 30th November. AGIP Recital Hall, Muson Centre, 8/9 Marina Road, Onikan, Lagos.

Jega, A. M. 2021b. “Election Security and Good Democratic Governance in Nigeria”, 4th Annual Senator Abiola Ajimobi Roundtable Lead Paper, Institute for Peace and Strategic Studies, University of Ibadan, 16th December, 2021.

UNDP and Oxford Poverty and Human Development Initiative (OPHI). The 2020 Global Multidimensional Poverty Index (MPI)

Global Initiative Against Organized Crime. Organized Crime Index. Africa2019. 

2020 World Press Freedom Index.

Freedom House. Freedom in the World 2020.

World Bank. Doing Business 2020. 

Transparency International. The Corruption Perception Index. 

World Economic Forum. Global Gender Gap Report 2020. 

Mo Ibrahim Foundation. 2019 African Governance Report.

Electoral Integrity Project. 2019. Electoral Integrity Worldwide 2012 – 2018.

UNDP. 2019. Human Development Report.

unescap.org. “What is Good Governance?” www.unescap.org/pdd

Foundation for the Advancement of Liberty. World Index of Moral Freedom.

Fund for Peace. Fragile States Index 2020.

Quality of Life Index by Country. 

Economist Intelligence Unit (EIU). Democracy Index 2020

2022 Global Peace Index. 

Global Hunger Index 2022

By Attahiru M. Jega, PhD Department of Political Science Bayero University, Kano, Nigeria

OPINION

Triumphalism And Denialism As Fallout Of The 2023 Elections

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 By Magnus Onyibe

Justice Monica Dongben-Mensem, the esteemed president of the court of appeals, has expressed concern about the strain placed on the judiciary as a result of an excessive caseload, mostly attributed to the inundation of political issues into the court system.

Her Lordship disclosed that during and after the 2023 election period, politicians officially presented a noteworthy total of 1,209 appeals.

These appeals are presently receiving privileged attention, potentially eclipsing other matters of economic and social importance in the country, consequently relegating non-political legal concerns to a position of lesser priority.

In her analysis, Justice Dongben-Mensem verified that out of 1,209 petitions filed, five (5) were specifically addressing the Presidential Election Petition Court, while 147 pertained to the senatorial election. Additionally, 417 petitions were related to the House of Representatives, 557 were associated with the state Houses of Assembly, and 83 focused on gubernatorial elections.

Although the distinguished jurist identified the high number of election-related lawsuits during this period as being primarily attributed to a deficiency in internal democratic processes within the political parties, it is also important to acknowledge the existence of an additional contributing component, which is the necessity for more amendments to our country’s legislation, specifically the Electoral Act of 2022.

These revisions should aim to address the existing loopholes and ensure a more comprehensive framework, a responsibility that falls upon the legislators of the 10th National Assembly (NASS).

As the verdicts of the various election petition tribunals began to trickle in on September 6th, with the five (5) justices who sat over the Presidential Election Petition, PEPT, leading the charge, the political atmosphere in Nigeria has become fraught with multiple upheavals, with a good number of senators, members of the House of Representatives, governors, and members of state houses of assembly having their victories overturned.

As of the most recent count, the tribunals have invalidated the governorship elections in Kano and Kaduna states, as well as several senatorial and House of Representatives elections across the country, and the election of the current speaker of the Plateau state assembly has also been invalidated.

The current situation implies that there is likely to be a prolonged backlog of cases in the judicial system, as politicians whose election outcomes have been overturned will pursue further legal action in higher courts in a bid to revalidate their electoral success.

Initially, owing to number of elections over turned,supporters of the Labor Party (LP) believed that the tribunals were specifically targeting their candidates. However, they later realized that candidates from other political parties, including the main opposition Peoples Democratic Party (PDP), the ruling party All Progressives Congress (APC), and even the smaller New Nigeria Peoples Party (NNPP), were also experiencing setbacks in the electoral tribunals.

Given that the LP and PDP presidential candidates are currently pursuing legal action to challenge the victory and assumption of the APC candidate as president, it is important to note that their claims are based on allegations of a technical malfunction during the transmission of the presidential results.

This malfunction supposedly facilitated the manipulation of the outcome in favor of the declared winner by the Independent National Electoral Commission (INEC). However, it is perplexing to observe that the results of other elections, which were not reported to have encountered any issues with the electronic transmission of results, are also being contested and invalidated.

The point being made here is that some of the results of both the Senatorial and House of Representatives elections that were passed electronically into the INEC database and displayed via IReV and which were adjudged to be unassailable by those denying President Tinubu’s victory at the February 25 polls have been decided by the various state tribunals as being tainted.

The events seen in tribunals around the country, which have led some politicians to express jubilation via triumphalism while others exhibit denialism, indicate that the principle of justice remains impartial. The emblematic representation of justice, often shown as a blindfolded woman wielding a sword in one hand and a scale in the other, serves as a powerful embodiment of the concept of justice. In the context of the 2023 elections, in my view,this symbol has been used to impartially administer justice to all candidates involved.

It is plausible to surmise that the electoral tribunals around the country are working autonomously rather than in concert, resulting in distinct rulings tailored to specific cases.

In this context, if the judiciary is really seen to be biased towards the All Progressives Congress (APC), as claimed by the opposition, it is noteworthy that the two governors who have been removed from office by the tribunals are from the APC (Kaduna state) and the NNPP (Kano state) stables.

It is noteworthy to observe that there has been no instance of a reversal of a governor’s election conducted under the platforms of the People’s Democratic Party (PDP) or the Labour Party (LP).
Does that not suggest that the judiciary is working independent of the influence of the ruling party?

Following President Tinubu’s inauguration on May 29, the opposition parties have mostly been in control of the election narrative, focusing on President Bola Tinubu’s academic history at Chicago State University (CSU) in particular.
As a result of that, all eyes have been focused on the duel between the triumphant candidate of the APC, President Bola Tinubu, and the denier,who is the APC’s flag bearer and former vice president, Atiku Abubakar.

Given that this conflict has now shifted across the Atlantic Ocean and is being considered within the jurisdiction of the United States court system, where significant action from the opposing sides has already played out,as the presiding judge in the US case, Nancy Maldonaldo has determined the ultimate victor between the two parties with respect to Discovery order of court on Chicago State University,CSU, our focus will solely be directed towards the presidential elections within this discourse.

To establish context, American attorney Angela Liu, the legal representative of former vice president Atiku Abubakar, lodged a formal complaint with CSU which president Tinubu’s alma mater requesting the disclosure of his alleged counterfeit certificate.

In response, Christopher McCarthy, President Tinubu’s attorney, sought to postpone the release of his client’s personal information, citing potential harm if done hastily. This legal tactic was utilized to allow sufficient time for the preparation of a comprehensive response, a common strategy frequently employed by legal professionals.

Coincidentally, similar to President Tinubu’s legal team, Atiku Abubakar’s lawyers also requested an accelerated hearing of the case in the United States court, presided over by Judge Jeffrey Gilbert. This request was made due to the potential harm that any further delay in obtaining the academic records from CSU could cause to the petitioner’s case.

It is important to note that, according to the Electoral Act 2022, introducing new evidence in Nigeria’s Supreme Court is prohibited after a certain period of time, thus making it time-barred.

On Monday, September 25th, which is the date that Judge Macdonaldo granted permission for the response to be submitted, President Tinubu’s legal team argued that the petitioner’s request would be considered a fishing expedition.

For the sake of those unfamiliar with legalese, it is important to clarify that the term “fishing” in legal discourse refers to a situation where the motive behind seeking the authority to inquire is unclear.

On the contrary, it is anticipated that upon the conferral of authority, a favorable outcome will ensue. According to law dictionary, it is typically uncommon for courts to approve such claims due to their tendency to be speculative in nature.

The ongoing legal dispute between former Nigerian vice president Atiku Abubakar and President Bola Ahmed Tinubu in the courts of the United States of America bears resemblance to a previous incident involving former US President Donald Trump.

While preparing for his contest for the presidency of the US, Trump made claims asserting that former President Barack Obama was not born in the United States. Due to the absence of substantiating evidence, the individual in question was embarking on an exploratory endeavor, akin to a fishing expedition, with the intention of unearthing potentially compromising information by asserting that Mr. Obama is not of American origin.

Initially, President Obama refrained from providing his birth certificate as a means to refute Mr. Trump’s assertion. This situation subsequently led to Trump’s associates initiating efforts to obtain President Obama’s academic records through legal channels, albeit without success.

Eventually, President Obama chose to release his birth certificate voluntarily, thereby making it available for public scrutiny. Upon the release of this document, which served as confirmation of his birth within the United States, Donald Trump was ignominiously silenced.

Coincidentally, former President Trump had also taken measures to protect his personal and corporate financial records from authorities in the state of New York and the general public, both prior to and following his assumption of the presidency as the 44th president of the United States.

However, on Tuesday, September 26th, the city of New York successfully obtained official access to his financial records. Consequently, charges of fraud were brought against former President Trump and his two sons for allegedly inflating the value of their real estate asset in New York, namely the Trump Tower etc.

After employing legal measures to impede access to his financial records for nearly a decade,the regulator eventually obtained the aforementioned information. Upon review, did the regulator discover compelling evidence against President Trump that was anticipated to be very impactful or revelatory? Indeed, they did not. This assertion stems from longstanding claims that the real estate magnate, Mr. Trump, maintained connections with both organized crime and the Russian government.

During the prelude to the 2019 presidential campaign for re-election , opponents of Trump contended that he engaged in strategic politicking towards Russia due to a perceived influence the nation held over him, potentially stemming from his involvement in illicit activities on Russian soil.

The recent judgment by the New York Court reveals that Mr. Trump has been accused solely of engaging in the act of inflating the worth of his real estate holdings and nothing else. So, after all the hoopla regarding former President Trump’s finances, it turned out to be a little more than hot air as he was not found to be linked to any sinister activities as had been suspected.

This may be the case in the Atiku Abubakar/Bola Tinubu/CSU legal battle in the United States now that a superior court under judge Nancy Maldonado has ruled that president Tinubu’s CSU academic record (non-personal) must be released to the petitioner, as earlier ruled by judge Jeffery Gilbert.

In Nigeria, many have also referenced the instance involving former president Goodluck Jonathan, wherein he denied the request for the disclosure of his Doctor of Philosophy,PhD records from the educational institution from which he graduated . The university’s response to the Freedom of Information (FOI) request, in which they declined to give the information to a human rights and good governance advocacy group, has gained significant attention on various social media platforms.

While the veracity of the social media report remains unverified, the act of withholding or obstructing the disclosure of educational records to political adversaries is not an unprecedented occurrence in Nigeria.

At this juncture, it is apropos that we take a hard look at all the possible scenarios in the unfolding elections 2023 saga in order to have a good sense of the possible final outcome of the epic political battle between the ruling party and the main opposition party’s candidates for the presidency of our beloved country.

For the purposes of this discussion and conjecture, it should be noted that it is a well-established fact in Nigeria, as well as the rest of the world, that a male and a female can have the same name, particularly when the name is unisex, as in the cases of Chika, Uche in Igbo land, and Bola, Biodun in Yoruba land.

The prevalence of individuals sharing identical names is particularly widespread within the Hausa/Fulani region, where there is a significant number of perhaps up to one million Mohammed Abubakars who do not necessarily share the same lineage nor originate from the same locality or state.

The prevalence of shared names among individuals with origins from the northern region of our nation can be attributed to the historical practice of naming Hausa and Fulani individuals after their respective towns or villages of origin. Consider the late Mallam Isah Funtua, who was named after Funtua town, or Dr. Musa Kwakwanso, hailing from Kwakwanso village.

From a technical and political standpoint, it is plausible to consider the scenario where a female individual, other than President Tinubu who is male , is claimed to have gained admission into CSU. In this context, it is conceivable that both a female named Bola Tinubu and a guy named Bola Ahmed Tinubu, distinguishable by their middle names, may have been admitted into CSU around the same period.

And what if the clerk who documented Bola Ahmed Tinubu’s records at CSU made a typographical error and put female instead of male while carrying out the assignment? What if all the hullabaloo was caused by two (2) letters FE being unintentionally added to MALE to give the impression that there was a female Bola Tinubu?

The reason for raising the above posers is that these are political times wherein saying and doing things just to make political opponents furious or ticked off and fall into error are legitimate political weapons.

If the court has granted the petitioners’ full request, would this not amount to inadvertently giving aid to an opposition candidate, whom the intervenor has accused of conducting opposition research?

Is it not the reason why judges preside in the Temple of Justice with meticulous scrutiny, considering all aspects of a case, in order to ensure that justice is not only served but also perceived to be served?

William Blackstone, an English legal scholar, coined the proverb “It is better to err on the side of caution” in his influential 1760 book Commentaries on the Laws of England.

This statement provides a rationale for the legal principle in criminal law, commonly referred to as Blackstone’s ratio (or Blackstone’s formulation), which posits that “it is better that ten guilty persons escape than that one innocent suffer”.

In trying to play the role of a devil’s advocate, one is of the opinion that proving a stolen identity case, which Turaki Atiku Abubakar’s lawyers are alleging and hoping would be the golden bullet to literally shoot down President Tinubu’s ambition and dispose him of his presidency following his election victory on February 25th, would not be a simple task, if not an impossible mission, and here are the reasons why.

So far, there may not be a female Bola Tinubu who has complained about being impersonated. If she is alive,she would have to be a witness or be joined in the case. If she has passed on, she must have family members that would stand in for her.

Otherwise, on what basis could it be asserted that Bola Ahmed Tinubu posed as a female Bola Tinubu in order to gain admission to CSU, given that no evidence of her existence is available?

My intuition is that the narrative may not resonate with the judges of the Supreme Court in Nigeria (assuming new evidence is admitted) if the petitioner is unable to produce the female Bola Tinubu, a purported US citizen, whom they claim has been impersonated by the incumbent president of Nigeria, Bola Ahmed Tinubu.

Under normal circumstances (especially on moral grounds), I would agree wholeheartedly that the educational records of President Tinubu or anyone else occupying public office should be released to the public so that he can receive acclaim for academic excellence, especially since President Tinubu’s CSU transcript reveals that his performance is in the top 10 percentile.

However, I would want to protect my academic records if they were to be utilized for the purpose of doing opposition research on me. This is a commonly observed phenomenon in the realm of politics. President Tinubu and his legal team seem to consider the discovery litigation filed by the petitioner in this manner.

The reality is that it is in the character of politicians to behave in ways that confound the general public. This is because there are almost always underlying issues in political affairs, and only tackless actors in the political game fall into the pitfalls set by their opponents, who draw them into the public arena by means of blackmail and conspiracy theories.

The primary objective of shrewd politicians, however, is to convert the problems foisted upon them by their detractors (who are numerous) into promotion by doing things on their own terms.

Imagine if President Tinubu’s academic records are eventually disclosed as directed by Judge Maldonado later this week, and they turn out to contain nothing objectionable.

How would the legal and media teams of PDP candidate and former vice president Atiku Abubakar, who have been raising expectations and feeling triumphant, appear if it were determined that President Tinubu was admitted to CSU legally and did not engage in identity theft as has been alleged?

Although it would seem as if l an holding brief for President Tinubu, the purpose of this piece is to enlighten Nigerians on the subject by highlighting the fact that politicians have numerous reasons to be extremely complex and convoluted in their behavior.

The reality is that it is inherent in the essence of politics for players to engage in sophistry. Which is why I do not fault Nigerians who are perplexed by the ongoing political conflict between 2023 election winners and denialist politicians.

In reality, there are always grey areas in politics, as opposed to black and white divides. And what is taking place today between former Vice President Atiku Abubakar and President Bola Ahmed Tinubu is a classic illustration of things being in the grey zones of politics that can be perplexing to the uninitiated.

During the legal proceedings in 2019 involving Atiku Abubakar and Muhammadu Buhari, Mallam Abba Kyari, who served as the Chief of Staff to President Buhari at the time, made an allegation that Atiku was of Cameroonian nationality rather than Nigerian.

Supposedly, this can be attributed to his birthplace in Jadda, a region located within Adamawa State. Notably, Jadda was situated on the Cameroonian side, which had not yet been included in Nigeria prior to the vote that made Jadda a part of Nigeria . Despite the absurdity of the incident, it did occur.

During the presidency of Alh. Shehu Shagari from 1979 to 1983, under the National Party of Nigeria (NPN), there were allegations made against Shugaba Daman, a candidate representing the Great Nigerian People Party (GNPP), an opposition party to Shagari’s National Party of Nigeria, NPN in Borno State.

These allegations claimed that Daman was a foreigner from the Niger Republic. Consequently, it was determined that he did not meet the requirements to participate in the elections.

In the meantime, Alh. Daman was living a normal life in Nigeria until he confronted the NPN and was drawn into the arena of anomie, as he was deported to the Niger Republic after the NPN obtained a favorable judgment. Is that not ludicrous?

In 2003, I assumed a public office as a commissioner in Delta, my home state, through an appointment by Chief James Ibori, who served as governor from 1999 to 2007. Before the appointment was confirmed , I encountered vehement opposition from a local group that aimed to promote an alternative candidate for the commissioner position in my local government area.

However, their efforts were unsuccessful, as Governor Ibori selected me for the appointment instead of their preferred candidate.

In an attempt to obfuscate the situation, the local political interest group had disseminated a fabricated story, which can be characterized as a very deceptive falsehood, asserting that my origin was in Edo State rather than Agbor in Delta State.

The individuals provided a rationale for their assertion subsequent to discovering the existence of a family residing in the border town between Edo and Delta State (Igbanke) who possessed an identical surname to mine. The absence of any biological or social connection to the specified family in Igbanke, Edo State, was inconsequential to them. In reality, I hail from Ogbe-Umudein, the homestead of the kingmakers in Agbor Kingdom.

Following Governor Ibori’s dismissal of the false allegations and subsequent confirmation of my appointment, a period of calm ensued, and the individuals involved in the plot to undermine my political career revealed to me their collaborative efforts aimed at sabotaging my political trajectory. This exemplifies the nature of politics.

As a result of the foregoing, my advice to those splitting hairs over President Tinubu’s academic records or those ecstatic that the president’s political career is about to be derailed by former Vice President Atiku Abubakar, whose status has shifted from denial to triumphalism as a result of his victory in the US court, is to wait and see what happens in Nigeria’s Supreme Court, which is the final arbiter on the matter.

While the Discovery case in the United States has kept optimism alive in Turaki Atiku Abubakar’s camp, Mr. Peter Obi’s ‘neck of the wood’ looks to have turned inactive. Will the US court’s finding that the discovery requested by the petitioner on President Tinubu’s academic records at CSU rouse the LP camp?

The petitioner, former vice president Atiku Abubakar’s legal and media team, has been ecstatic about the explosive evidence that the president’s comprehensive academic records at CSU, once disclosed, may contain.
And is there any sure guarantee possibility that when the new evidence (assuming it contains anything incriminating) is presented by the petitioner in his appeal to the Supreme Court of Nigeria, it will be admitted or permitted to matter in the case?

And because the Supreme Court is structured to consider not only the fundamental principles of law but also the existential realities of society by balancing the positive against the negative effects of its decisions, the highest court will likely have a lot to ruminate on.

Over all, the greatest beneficiaries of the hard-fought legal battles in the US and Nigeria would be the Nigerian electorate. That would be regardless of the triumphalism and denial of the 2023 elections by the ruling and main opposition parties and their presidential candidates, President Bola Tinubu and former vice president Atiku Abubakar.

The assertion above is underscored by the fact that at the conclusion of the arduous litigation, our electoral law would be stronger.

That is not discountenancing the fact that some attorneys in Nigeria and the United States have reaped and will continue to reap handsome financial rewards as a result of the rush to the courts by politicians who believe that the laws of our land, particularly with regard to the Electoral Act 2023, are too vague and therefore require the intervention of the judiciary, the third branch of government, and the interpreters of laws.

Put succinctly, as someone who considers himself an optimist that constantly looks for the positive side of bad circumstances (turning lemons into lemonade) and who finds oasis in deserts, even though some critics think that the 2023 elections have brought democracy to its nadir in our nation,I am of the opinion that anything that emerges from the intensely contested legal battles in Nigeria and the US courts between Mr. Peter Obi of the LP and Turaki Atiku Abubakar of the PDP over President Bola Tinubu’s victory in the election 2023 would undoubtedly deepen the practice of democracy in Nigeria by turning it from what appears to be a narrative of doom, gloom, and a fledgling state into lofty heights.

That is because our lawmakers in the 10th National Assembly will now see the obvious need to fine-tune the laws and rules governing elections, which need to be clarified and made watertight in order to avoid clogging the law courts with pre- and post-election litigation, which the Appeal Court President Justice Monica Dongben-Mensem has lamented as putting too much undue strain on the judges.

According to the jurist, the prominence of electoral issues is overshadowing and displacing other facets of life, such as commercial disputes and familial problems, which also need legal resolution. Moreover, the prioritization of political cases seems to be superseding other matters during the present election period.

Having been apprised of the above information, it is my fervent hope and l guess the expectation of all well-meaning Nigerians that the 10th National Assembly will tie up all the loose ends in the Electoral Act 2022 that have caused politicians to rush to the courts over election matters so that apolitical Nigerians can breathe.

Magnus Onyibe,an entrepreneur,public policy analyst, author,democracy advocate,development strategist,alumnus of Fletcher School of Law and Diplomacy at Tufts University, Massachusetts, USA, and a former commissioner in the Delta State government, sent this piece from Lagos, Nigeria.
To continue with this conversation and more, please visit www.magnum.ng.

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Perspective

FULL TEXT of President Bola Tinubu’s 63rd Independence Day Anniversary Speech

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Dear Compatriots,

1. It is my unique honour to address you on this day, the 63rd anniversary of our nation’s independence, both as the President of our dear country and, simply, as a fellow Nigerian.

2. On this solemn yet hopeful day, let us commend our founding fathers and mothers.

Without them, there would be no modern Nigeria.
From the fading embers of colonialism, their activism, dedication and leadership gave life to the belief in Nigeria as a sovereign and independent nation.

3. Let us, at this very moment, affirm that as Nigerians, we are all endowed with the sacred rights and individual gifts that God has bestowed on us as a nation and as human beings.

No one is greater or lesser than the other. The triumphs that Nigeria has achieved shall define us. The travails we have endured shall strengthen us. And no other nation or power on this earth shall keep us from our rightful place and destiny. This nation belongs to you, dear people. Love and cherish it as your very own.

4. Nigeria is remarkable in its formation and essential character. We are a broad and dynamic blend of ethnic groups, religions, traditions and cultures. Yet, our bonds are intangible yet strong, invisible yet universal. We are joined by a common thirst for peace and progress, by the common dream of prosperity and harmony and by the unifying ideals of tolerance and justice.

5. Forging a nation based on the fair application of these noble principles to a diverse population has been a task of significant blessing but also a serial challenge. Some people have said an independent Nigeria should never have come into existence. Some have said that our country would be torn apart. They are forever mistaken. Here, our nation stands and here we shall remain.

6. This year, we passed a significant milestone in our journey to a better Nigeria. By democratically electing a 7th consecutive civilian government, Nigeria has proven that commitment to democracy and the rule of law remains our guiding light.

7. At my inauguration, I made important promises about how I would govern this great nation. Among those promises, were pledges to reshape and modernize our economy and to secure the lives, liberty and property of the people.

8. I said that bold reforms were necessary to place our nation on the path of prosperity and growth. On that occasion, I announced the end of the fuel subsidy.

9. I am attuned to the hardships that have come. I have a heart that feels and eyes that see. I wish to explain to you why we must endure this trying moment. Those who sought to perpetuate the fuel subsidy and broken foreign exchange policies are people who would build their family mansion in the middle of a swamp. I am different. I am not a man to erect our national home on a foundation of mud. To endure, our home must be constructed on safe and pleasant ground.

10. Reform may be painful, but it is what greatness and the future require. We now carry the costs of reaching a future Nigeria where the abundance and fruits of the nation are fairly shared among all, not hoarded by a select and greedy few. A Nigeria where hunger, poverty and hardship are pushed into the shadows of an ever fading past.

11. There is no joy in seeing the people of this nation shoulder burdens that should have been shed years ago. I wish today’s difficulties did not exist. But we must endure if we are to reach the good side of our future.

12. My government is doing all that it can to ease the load. I will now outline the path we are taking to relieve the stress on our families and households.

13. We have embarked on several public sector reforms to stabilize the economy, direct fiscal and monetary policy to fight inflation, encourage production, ensure the security of lives and property and lend more support to the poor and the vulnerable.

14. Based on our talks with labour, business and other stakeholders, we are introducing a provisional wage increment to enhance the federal minimum wage without causing undue inflation. For the next six months, the average low-grade worker shall receive an additional Twenty-Five Thousand naira per month.

15. To ensure better grassroots development, we set up an Infrastructure Support Fund for states to invest in critical areas. States have already received funds to provide relief packages against the impact of rising food and other prices.

16. Making the economy more robust by lowering transport costs will be key. In this regard, we have opened a new chapter in public transportation through the deployment of cheaper, safer Compressed Natural Gas (CNG) buses across the nation. These buses will operate at a fraction of current fuel prices, positively affecting transport fares.

17. New CNG conversions kits will start coming in very soon as all hands are on deck to fast track the usually lengthy procurement process. We are also setting up training facilities and workshops across the nation to train and provide new opportunities for transport operators and entrepreneurs. This is a groundbreaking moment where, as a nation, we embrace more efficient means to power our economy. In making this change, we also make history.

18. I pledged a thorough housecleaning of the den of malfeasance the CBN had become. That housecleaning is well underway. A new leadership for the Central Bank has been constituted. Also, my special investigator will soon present his findings on past lapses and how to prevent similar reoccurrences. Henceforth, monetary policy shall be for the benefit of all and not the exclusive province of the powerful and wealthy.

19. Wise tax policy is essential to economic fairness and development. I have inaugurated a Committee on Tax Reforms to improve the efficiency of tax administration in the country and address fiscal policies that are unfair or hinder the business environment and slow our growth.

20. To boost employment and urban incomes, we are providing investment funding for enterprises with great potential. Similarly, we are increasing investment in micro, small and medium-sized enterprises.

21. Commencing this month, the social safety net is being extended through the expansion of cash transfer programs to an additional 15 million vulnerable households.

22. My administration shall always accord the highest priority to the safety of the people. Inter-Service collaboration and intelligence sharing have been enhanced. Our Service Chiefs have been tasked with the vital responsibility of rebuilding the capacities of our security services.

23. Here, I salute and commend our gallant security forces for keeping us safe and securing our territorial integrity. Many have paid the ultimate sacrifice. We remember them today and their families. We shall equip our forces with the ways and means needed to perform their urgent task on behalf of the people,

24. We shall continue to make key appointments in line with the provisions of the Constitution and with fairness toward all. Women, Youth and the physically challenged shall continue to be given due regard in these appointments.

25. May I take this opportunity to congratulate the National Assembly for its role in the quick take-off of this administration through the performance of its constitutional duties of confirmation and oversight.

26. I similarly congratulate the judiciary as a pillar of democracy and fairness.

27. I also thank members of our dynamic civil society organizations and labour unions for their dedication to Nigerian democracy. We may not always agree but I value your advice and recommendations. You are my brothers and sisters and you have my due respect.

28. Fellow compatriots, the journey ahead will not be navigated by fear or hatred. We can only achieve our better Nigeria through courage, compassion and commitment as one indivisible unit.

29. I promise that I shall remain committed and serve faithfully. I also invite all to join this enterprise to remake our beloved nation into its better self. We can do it. We must do it. We shall do it.!!!

30. I wish you all a happy 63rd Independence Anniversary.

31. Thank you for listening.32. May God bless the Federal Republic of Nigeria

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Forging Ahead: NDDC’s Collaborative Push for a Sustainable Niger Delta

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By Pius  Ughakpoteni

 

In an era where transformative narratives are yearned for, the Niger Delta emerges as a beacon of hope, showcasing what can be achieved when vision aligns with action. The Niger Delta Development Commission (NDDC), under the forward-thinking leadership of Dr.

Samuel Ogbuku, is setting an exemplary trajectory for the Niger Delta.

The British High Commission’s commitment to partner with the NDDC on clean energy initiatives heralds a promising leap towards sustainability. Mr. Hamish Tye, Second Secretary (Political), British High Commission, elucidated his vision during his visit to the Commission’s Headquarters last week:

Mr Tye observed that the NDDC had shown commitment to realising sustainable development in the Niger Delta region through partnerships and collaborations with national and international development agencies.

He stated: “The attraction to the NDDC now is to explore the possibilities of collaboration. Given the work the NDDC is doing in the Niger Delta region, I believe a lot of partners would support its efforts more broadly. We would further explore partnerships with the NDDC, with a focus on renewable, clean energy and green infrastructure.”

However, the NDDC’s endeavors don’t halt at environmental initiatives. Their foresight encompasses an ecosystem of growth, enterprise, and innovation. Speaking about the collaboration with the Oil and Gas Free Trade Zone Authority (OGFTZA) to develop industrial parks, Dr. Ogbuku remarked, “The essence of these parks goes beyond industry. It’s about creating hubs of innovation, entrepreneurship, and opportunities. By amalgamating industries in a singular space, we’re fostering a unique synergy. The ripple effects will be manifold – job creation, skill development, and a boost in the regional economy.”

Senator Tijani Kaura, Managing Director of OGFTZA, concurred, in an address when he led a delegation to the NDDC last week: “Industrial Parks stand as pillars of development. This collaboration embodies our shared vision for the Delta. By working hand in hand, we’re not just building infrastructure; we’re crafting a legacy.”

At its core, the NDDC realizes that the heart of the Delta lies in its youth. Recognizing and harnessing this potential is paramount. On the importance of youth entrepreneurship, Dr. Ogbuku voiced his aspirations, “The youth are the Delta’s driving force. Their innovation, energy, and spirit are unparalleled. Our commitment is to provide them with the platforms, resources, and support they require to turn their dreams into reality.”

His sentiment found resonance with Dr. Okon Emah, President of Coalition of South South Chambers of Commerce, Industry, Mines and Agriculture, COSSCCIMA, when they paid a courtesy visit to the NDDC last week. He stated, “The vigor and dynamism of the youth in our region are palpable. With institutions like the NDDC offering unwavering support, the possibilities are limitless. Together, we aim to not just cultivate entrepreneurs but leaders who will shape the future of the Niger Delta.”

To ensure these initiatives are meticulously targeted, the NDDC’s approach is rooted in data. Dr. Ogbuku highlighted this, saying, “In this digital age, having a comprehensive understanding of our youth’s profile is pivotal. Our database initiative is geared towards this – a roadmap to formulate strategies tailored to our youth’s aspirations and needs.”

Piecing it all together, it becomes evident that the NDDC, flanked by its esteemed partners, is on a relentless mission. Its endeavors echo a clarion call for a brighter, prosperous, and sustainable future for the Niger Delta. Each collaboration, each initiative, is a thread in the tapestry of progress being woven.

Echoing the sentiments of many who have observed this transformative journey, Senator Kaura stated, “This is a golden age for the Niger Delta. With the NDDC’s proactive vision and the collaborative spirit of partners, we’re not just on the brink of change; we’re in the midst of a revolution.”

The world watches with bated breath as the NDDC, with its allies, crafts a luminous chapter of progress, promise, and prosperity for the Niger Delta. The road ahead is laden with opportunities, and the Delta is poised to seize them all.

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