OPINION
Triumphalism And Denialism As Fallout Of The 2023 Elections
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.
OPINION
Tinubu and the Future of ECOWAS
By Reuben Abati
Two major meetings were held over the weekend that just passed that have implications for the future of the Economic Community of West African States (ECOWAS) and the possible resolution or otherwise of political developments among member-states in the last two to three years, with implications for the future of the sub-regional organisation.
ECOWAS was established in May 1975, when 15 West African states signed the Treaty of Lagos to establish a platform for the promotion of economic integration. This particular treaty was revised on July 24 1993, but the essential purpose of ECOWAS has remained consistent: trade facilitation, free movement of persons and goods, solidarity, promotion of human rights and peace.The sixteenth member joined in 1977, making the membership 16. In addition to its many guidelines and principles, ECOWAS has a general framework which also guides protocols and relations among members. In July 1991, it adopted the Declaration of Political Principles as a cardinal rule, and in 2001, the ECOWAS Supplementary Protocol on Democracy and Good Governance. One of those protocols is the underlying trigger for this commentary, to wit: the principle of customary international law enshrined in Article 2 (4) of the 1945 UN Charter which binds member-states against the use of force as a means of changing governments, in the absence of armed attack or self-defence.
In 1978, ECOWAS signed a protocol on non-aggression against member states and in 1981, members agreed that in the event of any act of aggression against a member, they would come together in mutual self-defence and protect the victim-state to ensure peace, security and stability, by military means if possible and if inevitable, as seen in the interventions of ECOMOG in Liberia (1990) and Sierra Leone (1998). Even the African Union (AU) enabled by its Article 4(h) can be called upon to intervene when the basic protocols have been breached. This however is a slightly complicated area of the subject which we need not bring into this commentary.
What we know is that ECOWAS specifically sees pro-democratic intervention as its bounden duty, but the effectuation of this has been a problem in the sub-region over the years and to cite a recent example, in 2016, when ECOWAS threatened to deploy a standby ECOWAS force in The Gambia to restore the people’s wish if Yahya Jammeh refused to leave office. Jammeh was eased out and a standby force did not have to intervene.
But a turning point came for ECOWAS when the military seized power in Mali in 2020 and 2021, Guinea in 2021, Burkina Faso in 2022, and Niger in July 2023. ECOWAS, with Nigeria’s President Bola Tinubu as Chair, thought it needed to intervene to return these countries to democracy, the rise of military juntas in the sub-region being a threat to democratic consolidation. ECOWAS suspended the states in line with its protocols and proceeded to impose political and economic sanctions. It threatened to deploy troops if it became necessary. This was an act of political miscalculation.
In the four countries, there were civilian protests against ECOWAS, particularly in former French colonies of Burkina Faso, Niger and Mali. The more interesting part of it is that the ECOWAS was accused of being too pro-French. In Burkina Faso, Mali and Niger, the people publicly denounced continued association with France and specifically in Niger, the people openly waved Russian flags and pulled down French flags.
From Senegal to Niger, a wave of rebellion erupted in the former colonies, in what signalled a creeping failure of French relations with its former colonies in Africa. Senegal has had to shut down French military bases to assert its sovereignty, in Burkina Faso the military junta revoked gold permits that had been awarded to French companies, in Niger, the government similarly cancelled the mining permit of Orano, the French nuclear producer that runs the uranium mines in that country.
In addition, Niger revoked its tax co-operation treaties with France as also did Mali, which broke off from its defence accord with France, and its 11 colonial agreements with the former overlord. In the vacuum created by these new realities, Russia and its Wagner group became the favourite partner of former French colonies in West Africa. The Sahel region has been a hotbed of violence and terrorism and naturally, there were concerns about the implications of the presence of Russia and Wagner in the sub-region and the festering anti-West sentiments in the backyard of ECOWAS members. ECOWAS eventually had to review its threat of sanctions, and military action and adopted the options of diplomacy and dialogue.
This achieved little or nothing. In January 2024, Burkina Faso, Mali and Niger announced their decision to quit ECOWAS. They formed the Alliance of Sahel States (AES) as their own confederation as an alternative to ECOWAS. Their departure under Article 91 of the Revised ECOWAS Treaty would become effective on January 29, 2025. The resort to diplomacy, an afterthought by ECOWAS also yielded no results. In July, ECOWAS appointed President Bassirou Faye of Senegal as the mediator with the aggrieved countries. President Faure Gnassingbe of Togo was also sent on diplomatic shuttles to Niger. President Tinubu as ECOWAS Chairman, also sent other envoys to the Sahel.
Barely a month before the January deadline, there was a meeting of Ministers of Burkina Faso, Niger and Mali in Niamey last Saturday, December 14, where they reiterated that the departure of the three countries from ECOWAS, effective January 29, 2025, is “irreversible.” They however also resolved that the three countries would remain visa-free for all ECOWAS countries after the exit. While the latter resolution may alleviate fears about the free movement of goods and services, there is still the residual challenge of insecurity in the Sahel and the threat of a further tumultuous season in that part of West Africa with wider implications for regional peace.
It is perhaps out of this realisation that the Authority of Heads of State and Governments at its 66th Ordinary Summit last weekend, Sunday, December 15 at the State House in Abuja, decided to vary Article 91 of the Revised Treaty and granted the departing trio an extension of six months from January 29 to July 29. This is basically to create room for further diplomatic negotiations in the hope that the three countries can be brought back into the fold. In Niamey, on Saturday, the AES Ministers still made it clear that ECOWAS leaders are too subservient to France.
Without being specific, they may well have been referring to President Tinubu who recently returned from France where he was treated to a lavish and grand reception by President Emmanuel Macron. It remains to be seen whether the AES would reverse itself. It is a long wait but as certain as daylight, July 29, 2025 would soon be upon us. In the meantime, the ECOWAS Commission has been directed to begin work on the necessary withdrawal formalities, while the mediator continues with last-ditch efforts to keep the dream of the founding fathers of ECOWAS alive, giving the AES an opportunity to have a re-think.
It is further instructive that at the ECOWAS meeting of Heads of States and Governments, President Tinubu, Chairman, took time out to praise the just concluded general elections in Ghana and parliamentary elections in Senegal. He even praised Ghana’s Vice President Mahamudu Bawumia of the ruling New Patriotic Party (NPP) who conceded defeat to the candidate of the opposition, President John Mahama of the National Democratic Congress (NDC). He praised the government and people of Ghana for their maturity. This was a subtle dig at the leaders of the West African countries where the military chose to resort to force and aggression. Without a doubt, the rise of military juntas poses a threat to democracy in West Africa and peace in the region. The romance of the juntas with Russia and China dangerously positions the region as a territory for proxy conflicts among major Western powers. It is an ill-wind. ECOWAS needs to do more to persuade the errant countries to restore constitutional order. The leaders also need to reinvent and retool the organisation.
By next July, it will be 50 years since ECOWAS was established. It would be pertinent to ask: how has the body fared? Has it so far fulfilled the ambitions of its founding fathers? Today, only one of those leaders who established ECOWAS in 1975 is still alive. Would General Yakubu Gowon of Nigeria be proud of what ECOWAS has become? What are the challenges facing the body? How can it be reformed? Mutual suspicion among the various blocs: Anglophone, Francophone and Lusophone has been a major issue for ECOWAS: how can the goal of integration be better realised? In 50 years, whatever the challenges may have been, it can be said that ECOWAS has been pivotal in forging cooperation, integration and trade within the region. ECOWAS in 2010 adopted Vision 2020, and also later a Vision 2050 roadmap to deepen the original objectives of the association.
There may have been challenges: insecurity in the Sahel, Boko Haram in the Lake Chad Basin, Ebola, COVID-19 and the emergent threat of military juntas, but on the whole, the main achievements of the body deserve to be celebrated. ECOWAS fought to restore peace in Liberia and Sierra Leone, and has been vocal in insisting on good governance. There are hitches in person-to-person relations within the body, over trade, commerce and space, but the free movement of goods and services has been largely beneficial. ECOWAS ranks probably as the most successful regional economic bloc in the continent, in terms of conflict management.
But ECOWAS has lost steam. It needs re-organisation. It is unfortunate that the same ECOWAS that acted decisively in Liberia, Sierra Leone and The Gambia is now the same body that is now being treated scornfully by a group of military adventurists who have reversed democratic progress in the Sahel. Their effrontery is fuelled by the descent into poverty and anomie in their countries. The clamour for change that compelled the people of Burkina Faso, Mali, Guinea and Niger to embrace the military is simply their frustration with the leaders in those countries. The people seek change and they embrace it in whatever shape it presents itself, with high expectations too, because they no longer trust their leaders who have alienated them and placed a greater accent on their own elite well-being rather than the common good for the people’s benefit.
The people are led by persons who promote injustice, inequality, and nepotism. They rig elections and do not allow the people’s votes to count. When the military intervenes, the people see the intervention as a form of liberation from the shackles of oppression. In Burkina Faso, Niger and Mali, they trooped to the streets in jubilation, almost like the situation today in Syria with the fall of Bashar Assad and the Assad dynasty, one of the most murderous ruling houses in the Middle East which clung to power for 54 years. In Mali in August 2020, when Mali’s President Ibrahim Boubacar Keita was removed in a military coup over allegations of corruption, fraud and electoral violence, the people were joyous. They carried placards saying “This isn’t a coup. It is a Revolution”. There was yet another coup in May 2021. Similarly in Niger in 2023, thousands of people gathered to hail the generals who led the coup in that country. The urgent matter that West Africa needs to resolve is the challenge of good leadership and governance.
There is a need at the organisational level for a re-dedication to the ideals of ECOWAS, and to develop a higher sense of belonging among the member-states and the over 420 million people that make up the region. As ECOWAS steps into its 50th year, it is in urgent need of reform and we need to see the members being faithful. At the last meeting of the ECOWAS Authority of Heads of States and Governments, Omar Alieu Touray, President of the ECOWAS Commission, commended Nigeria for having paid up its community levies for 2023, with the 2024 levy paid up to July this year. He advised other member states to emulate Nigeria’s example. I guess it has become a habit among ECOWAS members to allow Nigeria to do the heavy lifting in terms of funding while others tag along and yet enjoy the benefits of membership.
It is important that all parties pay their levies as and when due. The various structures of the body must be overhauled to ensure equity and deepen trade facilitation. The ideals of free movement of persons across the region should be enhanced. It must be possible for any national of an ECOWAS state to live and work in any of the member states without being subjected to undue discrimination or harassment. The celebration of ECOWAS at 50 must be an occasion for sober reflection and renewal. President Bola Tinubu was elected for a second term as chairman of ECOWAS in July 2024. He would preside over the 50th-anniversary celebrations before handing over the seat in July 2025. He may have listed some of his achievements as ECOWAS chairman at the 66th Ordinary session in Abuja; he would be required to give a fuller account of his tenure and the status of ECOWAS as part of the 50th anniversary. There is a lot more that can be done.
OPINION
Still on State Police
By Dakuku Peterside
When a policy fails to factor in public response to its benefits and drawbacks, success takes the backseat. Ignoring public behaviour often results in poor implementation and unintended consequences.
In Nigeria, a nation grappling with complex and diverse security challenges, the limitations of centralised policing have become glaringly evident.
Rising crime rates, from terrorism and banditry to cybercrime and kidnapping, expose the inadequacies of the current federal system. The call for state police is not just a matter of political discourse; it is a necessary step toward securing the lives and property of Nigerians.This proposal has gained unprecedented traction across regional and political divides, signalling that the time is ripe for this crucial reform.
The urgency of decentralising policing by introducing state police could provide the much-needed local focus to counter insecurity while fostering accountability and community trust. This vision aligns with global best practices and offers hope for a safer and more prosperous Nigeria, where localised and specialised law enforcement can effectively address the diverse security needs of the population.Throughout history, nations have recognised the need for adaptable and localised law enforcement structures. In the early 20th century, the United States established state police forces to address rising crime and extend law enforcement beyond the capabilities of local authorities. The Pennsylvania State Police, formed in 1905, became the first uniformed state law enforcement agency in the U.S., designed to handle challenges that local sheriffs and municipal officers could not adequately address. This included labour unrest in coal mines and maintaining order in rural areas without sufficient local law enforcement. Over time, state police forces such as the Texas Rangers and California Highway Patrol expanded their scope, dealing with issues from highway safety to organised crime. These forces were pivotal in ensuring law enforcement matched the complexities of an industrialising and urbanising society.
The U.S. experience provides a critical lesson for Nigeria: decentralisation enhances law enforcement’s ability to respond to local needs. For instance, during the Prohibition era, state police units were instrumental in curbing illicit alcohol trade in their jurisdictions, a task federal authorities alone needed help to handle effectively. Similarly, the adaptability of state police allowed them to pioneer specialised units, such as cybercrime task forces in recent decades, which have become crucial in tackling modern criminal activities.
Nigeria’s security challenges, including insurgencies in the North and urban crimes in Lagos and Abuja, could greatly benefit from similar localised and specialised approaches. For instance, a state police unit in Lagos could prioritise urban crimes such as theft and traffic-related offences, while a unit in Borno might focus on counterterrorism efforts against Boko Haram insurgents. This targeted approach could lead to more effective solutions than a one-size-fits-all federal system.
Globally, decentralised policing systems offer valuable lessons. Countries like Canada, India, and South Africa demonstrate how local accountability and responsiveness enhance security. Canada’s provincial police forces work collaboratively with municipal and federal agencies to address diverse security needs. In India, state police forces are indispensable in combating localised crimes and maintaining law and order, especially in states with unique cultural and geographical contexts.
For example, Maharashtra’s state police in India have implemented technology-driven initiatives to combat cybercrime, which would be impossible under a rigid centralised system. These systems are bolstered by robust oversight mechanisms to prevent misuse, ensuring their effectiveness and integrity. Nigeria can draw inspiration from these examples, adapting these practices to suit its unique challenges. This global perspective further strengthens the argument for the state police proposal in Nigeria.
The current structure of Nigeria’s federal police reveals its limitations. With approximately 370,000 officers, the police-citizen ratio is about 1:650, significantly higher than the UN-recommended ratio of 1:450. This shortfall is glaring in a nation of over 220 million people, where security challenges vary dramatically across geopolitical zones. The Inspector-General of Police has highlighted the need for an additional 190,000 personnel, yet estimates suggest that Nigeria requires up to 2.5 million officers for effective policing. Over the past decade, crime rates have surged by over 30%, with kidnapping, banditry, terrorism, and cybercrime becoming increasingly sophisticated and prevalent. In 2022 alone, there were over 3,500 reported kidnapping incidents nationwide, underlining the urgent need for localised and agile policing responses. The introduction of state police could help address this issue by allowing for a more targeted allocation of resources based on regional security needs, potentially improving the police-citizen ratio and overall security.
Support for state police has grown significantly among policymakers, security experts, and civil society groups. A growing consensus is that decentralising policing would empower local authorities and enhance operational efficiency. Even state governors from historically divided northern and southern regions have united in supporting state police. One significant highlight of the 147th National Economic Council (NEC) is a new consensus by all state governments on establishing state police. However, this initiative requires a more robust but speedy engagement to align it with the local cultural context, ensuring that it is appreciated and supported by the citizens it aims to serve. Citizen engagement is not just a formality, but a crucial step to ensure public understanding and support for the state police proposal.
Building trust between state police and local communities is a crucial advantage of this reform. Effective local policing initiatives can foster relationships that build trust and cooperation, especially in Nigeria, where the trust deficit is high. Trust is an essential component of crime fighting. Innovative local community-police liaison arrangements and other community-focused programs can strengthen these ties, creating an environment of mutual respect and collaboration. When police officers understand their communities’ cultural and societal dynamics, they are better equipped to address security challenges and maintain peace. The active participation and trust of the Nigerian public in this reform process are crucial for its success.
Concerns about the potential misuse of state police for political purposes are valid but can be systematically addressed. Abuse of State Independent Electoral Commissions (SIEC) by state governors is often cited. This is another reason why extensive and targeted citizen engagement is key before putting the law in place. Safeguards must be designed and implemented to prevent governors from exploiting state police for political and electoral manipulation purposes, personal gain, or to feed their authoritarian appetite.
Laws prohibiting state police involvement in electoral matters and empowering oversight bodies can ensure neutrality. Clear delineation of the roles and responsibilities of state and federal police will also be essential to avoid jurisdictional conflicts. Establishing a framework for collaboration and information-sharing between the two levels of law enforcement will further enhance effectiveness. However, these measures will require careful planning and execution to ensure their efficacy and address potential challenges such as resistance to change and extensive training and capacity building.
Independent regulatory bodies are critical to ensuring accountability and preventing abuse. A State Police Security Commission (SPSC), comprising representatives from civil society, established professional bodies, legal experts, and public security professionals, could oversee state police operations. Regular audits and public reporting ensure transparency. Additionally, a robust judiciary is essential to protect citizens from potential abuses. Judicial reforms that enhance the independence and efficiency of courts would be vital in supporting this transition. For instance, in Canada, provincial ombudspersons have played pivotal roles in monitoring police misconduct, providing Nigeria with a possible blueprint for ensuring accountability.
Strengthening relationships between police and communities through genuine engagement and collaborative problem-solving must remain a priority. Establishing community advisory boards can provide platforms for dialogue and accountability. Actionable trust-building initiatives, such as open-door policies and periodic town hall meetings, should replace superficial slogans like “Police is your friend.”
Addressing insecurity also requires holistic solutions. Investments in education, healthcare, and youth empowerment are essential for tackling the root causes of crime. Integrating vocational training and social services into crime prevention strategies would complement policing reforms, creating a foundation for sustainable security. For example, a similar approach in India’s Kerala state led to a 40% reduction in youth crime over a decade.
Introducing state police in Nigeria represents a transformative opportunity to address the nation’s security crisis. While challenges are inevitable, they should not deter progress. Beginning the decentralisation process will allow for the identification and resolution of potential issues as they arise. The widespread consensus around reforming Nigeria’s policing architecture underscores the urgency of this change. With proper safeguards, political will, and public support, state police can become a cornerstone of a more secure, equitable, and prosperous Nigeria.
A prerequisite is the government’s robust public engagement and orientation programme to get the complete buy-in of all stakeholders, including the National Assembly, the state assembly and the masses. The time to act is now, and this reform must be embraced as a step toward a brighter and safer future for all Nigerians. Establishing state police would signify a shift in policy and a bold reimagining of Nigeria’s approach to security—one that prioritises the people, respects regional diversity, and lays the foundation for sustainable peace and progress.
OPINION
A Reflection on Daily Trust’s Tension with Tinubu
By Farooq Kperogi
As a media scholar who engages with Nigeria’s media landscape from the safe yet impassioned perch of the diaspora, I have found 2024 to be particularly illuminating in the annals of government-media relations. It presented a study in tension, turmoil, and eventual catharsis.
If the media is society’s mirror, then its cracks often reveal not just distortions but deeper fissures in the polity it reflects.
And nowhere was this more evident than in the July 4 report by Daily Trust, which set the Nigerian public sphere ablaze with moral indignation and, in a twist befitting a Greek tragedy, threatened lives.The Daily Trust report in question bore the sensational headline: “LGBT: Nigeria Signs $150 Billion Samoa Deal.
” In one fell swoop, it conjured a narrative wherein the Bola Ahmed Tinubu administration had purportedly traded Nigeria’s moral sanctity for European coffers flush with foreign currency. It was a claim unburdened by evidence but rich with emotional currency.In its aftermath, it left ripples of moral panic, social turbulence, and political fallout, especially in the Muslim North where issues bordering on religious morality inflame our passions and mentally transport us to celestial realms.
Clerics swiftly mobilized their pulpits and invoked ominous maledictions. Their invocations of divine ire resonated not only within mosques but deep into the social sinews of a people already hampered by mistrust.
Prominent Northerners in the Tinubu administration became objects of incendiary wrath, targets of whispered curses and objects of overt death threats. Family members became collateral damage in this frenzy.
As I pointed out in my July 6, 2024, column titled “LGBTQ Storm in $150 Billion Samoa Deal Teacup,” what Daily Trust did exemplified the literary and journalistic sin of circular reporting, a rhetorical sleight-of-hand where unsuspecting people are fed with false information, made to spout it back, which then gets established as the source of the information.
Alex Haley’s Roots is one of the most prominent examples of circular reporting. Haley’s wildly celebrated epic, initially marketed as historical truth about the life of Kunta Kinte, an 18th-century Mandinka who was captured and sold into slavery in America, was later unmasked as a potpourri of embellished fiction and poorly-sourced “facts.”
In his eagerness to find validation, Haley planted narratives into the mouths of griots in the Gambia, only to repackage their guided, predetermined responses as original confirmation of his fabricated story.
In a parallel act, Daily Trust ignited outrage by feeding its sources erroneous claims about the Samoa Agreement, then turned their emotionally charged responses into a “story”—a journalistic ouroboros swallowing its own tail.
Yet unlike Haley’s indulgence in narrative fiction, Daily Trust’s misstep wasn’t victimless. It carried real and immediate consequences: Vice President Kashim Shettima, the son of a revered Maiduguri Islamic scholar, and Nuhu Ribadu, scion of a distinguished Adamawa family with deep Islamic roots, became unwilling lightning rods for holy vitriol.
Minister of Information Mohammed Idris, himself a bridge between Nupe and Fulani Muslim cultures, found himself straddling a tempest from all corners. All northern Muslims in the Tinubu administration became objects of unappeasable fury.
The Minister’s Delicate Maneuver
Confronted with this escalating storm, Information Minister Mohammed Idris exhibited both restraint and strategic acumen. It would have been easy, even tempting, to unleash the full punitive might of the state upon Daily Trust.
After all, if recent history is any guide, Nigerian courts beckon eagerly to governments eager for retribution. Yet Idris wisely chose not to enter the arena of litigation, where victors are often the defeated in the court of public opinion. To sue would have been to martyr the newspaper, inflame its supporters, and escalate the matter beyond the bounds of reason.
Instead, Idris turned to a tool of elegant resolve: the National Media Complaints Commission (NMCC), Nigeria’s fledgling experiment in self-regulation. Incidentally, it is a forum that was conceived, in a delicious twist of fate, by none other than Idris himself (as publisher of Blueprint, an Abuja-based daily) alongside Media Trust’s Chairman, Malam Kabiru Yusuf.
Together, in the more harmonious days of 2021, after Yusuf’s and Idris’ December 2020 election as chairman and general secretary respectively of the Newspapers Publishers Association of Nigeria (NPAN), they planted the seeds of this Ombudsman, a voluntary watchdog designed to enforce media ethics with an invisible hand.
By July 8, Idris’ ministry formally petitioned the NMCC, requesting an inquiry into Daily Trust’s reckless reportorial infraction that endangered the lives of people in government. It demanded a retraction, an apology, and stricter editorial safeguards against future transgressions.
The NMCC, under the leadership of Emeka Izeze, former MD of the Guardian and widely admired figure in Nigerian journalism, undertook its task with measured diligence. On September 23, the commission issued a 19-page report that cut through the fog of misinformation.
The commission found that although earlier versions of the Samoa Agreement did include provisions for the protection of sexual minorities and marginal gender identities (which many countries, including Nigeria, had rejected), the final 403-page agreement that Nigeria signed did not require any commitments on the part of countries that signed the agreement to codify LGBTQ rights in their law books.
The NMCC’s findings were refreshingly even-handed: while Daily Trust was found guilty of violating Article 2.1 of the Revised Code of Journalism Ethics—a clause that enshrines accuracy as the bedrock of reporting—the commission gently admonished the government for its opacity surrounding the Samoa Agreement. Transparency, it suggested, would have preempted much of the hysteria.
Thus, the judgment did more than hold a newspaper accountable; it underlined an eternal truth about public trust: opacity begets speculation and speculation births chaos.
A Redemption through Humility
On October 2, 2024, Daily Trust rose to the moment with an unreserved apology: “We accept the verdict of the NMCC without equivocation… We apologize to the Federal Government for any inconvenience the story might have caused.”
In the apology, Daily Trust commended the “thorough and professional approach” of the National Media Complaints Commission (NMCC) and expressed gratitude to Information Minister Mohammed Idris “for his professional and democratic approach to this incident.”
In its humility, Daily Trust not only mended fences with its readership but also fortified its credibility. Self-correction is not a weakness but the wellspring of enduring strength.
After all, as the New York Times demonstrated when it corrected a 161-year-old error in 2014, the integrity of any news organization lies not in its infallibility but in its courage to admit when it stumbles. To err may be human, but to apologize—and to do so with grace—is the hallmark of institutional maturity.
Lessons Learned: Self-Regulation as Democratic Vigilance
This episode is a timely moral tale for Nigeria’s democracy and media ecosystem. For too long, the relationship between Nigerian governments and the media has oscillated between adversarial hostility and co-opted complicity.
This case reveals the potential for a middle path, that is, a relationship characterized by accountability without authoritarianism, and freedom tempered by responsibility.
The NMCC’s successful arbitration places Nigeria alongside countries like the United Kingdom, where the Independent Press Standards Organisation (IPSO) maintains order in the wake of scandal; Germany, where the Deutscher Presserat enforces rigor; South Africa, whose Press Council safeguards post-apartheid press freedoms; and several other examples.
As Thomas Jefferson once wrote, “The only security of all is in a free press.” But press freedom, like all freedoms, carries obligations—chief among them the pursuit of truth. To borrow Edmund Burke’s metaphor of the Fourth Estate, if journalists sit atop their watchtower as society’s sentinels, they must keep their eyes unclouded by haste, bias, or error.
In the final analysis, both Minister Idris and Daily Trust deserve commendation for their conduct. The minister’s refusal to wield the bludgeon of state power speaks to his understanding of democracy’s delicate balance.
Daily Trust’s forthright apology reaffirms its place as an honorable newspaper committed to ethical journalism, even when it falters like we all do.
Errors, after all, are the cracked kegs of palm wine through which wisdom occasionally trickles. It is what we do with the lessons—how we patch the cracks and safeguard against future spills—that determines whether we remain custodians of public trust or mere peddlers of ink-stained chaos.
This case tells us that the relationship between the government and the media need not always be a drumbeat of conflict; it can, when guided by mechanisms like the NMCC, achieve the harmony of a well-tuned orchestra where every note serves the greater good of truth, transparency, and trust.
In 2024, Nigeria glimpsed that harmony.