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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.

OPINION

Taming the Festering Insecurity: Good Governance as Magic Wand

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By Chidi Omeje

There is a community of people who believe that the only way out of the raging internal security challenges assailing this country is to deploy our troops to shoot their way out of our problems. For believers in such ‘militarist approach to internal security management’ (and they are found mostly among our political elites), the Nigerian military possesses the magic wand with which it can figuratively wave at the multifaceted internal security challenges and they will vanish.

If you want to understand the predilection of our political elites for military deployment to deal with any security infraction, cast your mind back to when these current Service Chiefs were newly appointed and how state governors were trooping to the Armed Forces Complex in downtown Garki Abuja for courtesy visits to the new military czars.

To them (the governors), outsourcing the headache of the security challenge in their respective domains to the military was such an elixir that took away the pain of having to think outside the box. I mean, why worry about coming up with smart governance ideas that could tame rising insecurity when there are willing, able and ready troops with magic bullets available to shoot down the security challenges?

The curious irony, though, is that it is the same political elite who rely mostly on the ready-availability of soldiers who are usually the harshest in thumbing down the troops whenever there is a slip up in operations and also the loudest in amplifying such missteps using the instrumentality of the media. Very often, you see disgruntled or attention-seeking politicians pick on the military with the illusion that by attacking them, they are getting at the Federal Government.

And so, the deployment of military troops for various internal security purposes has become so commonplace that it is now a reflex action for governments (federal and states) and even citizens to look up to soldiers to take care of any reported security infraction. Even more telling is the fact that, owing to the Nigerian military’s subordination to civil authorities and its vaunted readiness to be deployed to flashpoints, some other security agencies have conveniently abdicated their responsibilities and are currently more interested in ‘comfort zones’ like VIP protection!

The systematic bastardisation of the architecture of our internal security operations, to the point that the last line of defence in internal security operations (Nigerian military) is now the first responders, while the otherwise designated lead agency (Nigeria Police) takes the back seat, is a topic for another day, but nothing really disproves the grandiose expectations from the Nigerian military more than the unsavoury reality on the ground.

The reality staring us in the face is that despite the indefatigable efforts of troops of the Nigerian military, who are currently deployed in 36 out of 36 states to combat security challenges, insecurity is not only rising across the regions and states, it is appearing to be intractable.

What does that tell us? It tells us that a military (kinetic) approach to internal security operations is not the cure-all solution to security problems. Relying solely on the military is akin to treating just the symptoms of an ailment, while ignoring the root cause.

Unless the disease that is the root cause of the symptom is treated, the illness will persist, despite the efforts committed to addressing it. So are the internal security challenges confronting our country; if we don’t tackle the root cause, merely shooting at its manifestations is just scratching the surface, and that root cause is bad governance!

Bad governance, especially at the sub-national level, is the chief predisposing factor to crime and criminality across Nigeria. Who doesn’t know that there is a correlation between bad governance (which breeds poverty) and the spike in crimes and criminality? Who doesn’t know that inept and corrupt leadership breeds poverty, hunger, misery, despondency, frustration, irritability, desperation, and, ultimately, criminality in society?

Of course, nothing is more axiomatic than the saying that a hungry man is an angry man, and that such a person will listen more to the rumblings in his empty stomach than any sanctimonious preaching of patriotism or good behaviour.

In fact, the hungry man gets angrier and more fatalistic seeing how those entrusted with the common patrimony are abusing the state treasury, living large and in mindless opulence with their families and cronies, at his expense. He becomes irritable and petulant as he is further deprived of social amenities and denied social justice; he turns desperate, daring and deviant, as his the limit of his endurance wanes.

It actually takes exceptional self-discipline and the grace of God for anyone in such a perennial bracket of poverty to escape the above trajectory. Therein lies the correlation between bad governance and the spike in crimes and criminality in society.

A caveat, though: The above scenario is not an attempt to criminalise poverty but to draw attention to how bad governance predisposes citizens to anti-social behaviour.

It is bad governance (corruption, ineptitude and resultant malfeasance) that bred the army of hungry, restless unemployed youths across the country today; it is bad governance that manufactured 18.5 million out-of-school children in Nigeria; it is bad governance that ensures the lack of institutional capacities, which, in turn, deny citizens of social and economic rights.

All these negatives, which are orchestrated by inept and corrupt governance, are what have ensured a steady stream of prospective conscripts into crimes and criminalities in our country. It is no brainer, therefore, that the only way out is a change of heart by our political elite, who symbolise inept and corrupt leadership. But will they?

Sadly, our dear country has never been in short supply of corrupt leaders who bequeath nothing but bad governance and dashed hopes. Not long ago, a bemused world was treated to the sickening paradox of how a federal ministry created for poverty alleviation and humanitarian initiatives was turned into a paragon of corruption and the mindless looting of public funds.

 It was also in this country that, despite widespread public outcry, federal lawmakers went ahead to spend scarce public resources on insanely expensive exotic cars for members, at a time when the masses are dying of hunger.

An ex-governor of one of the states is currently having a running battle with the anti-corruption agency over the allegation that he looted more than N80 billion belonging to his poor state. Another former governor of a state considered the epicentre of banditry in the North is accused of misappropriating N70 billion; another one allegedly diverted N10 billion for a non-existent airport; a former federal minister was accused of stealing billions to float an ‘audio’ airline; and the list from recent memory goes on. So, the indisputable truth really is that for Nigeria to decisively surmount the various internal security challenges across the country, we must begin to pay attention to the quality of governance at all the tiers of government.

With over 130 million Nigerians living in multidimensional poverty — in a country so blessed with both natural and human resources but blighted by bad leaders — it is only expected that it will be weighed down by its own internal contradictions.

The military does not possess any magic wand to wave away insecurity, and in any case the military option alone has never stamped out terrorism and banditry anywhere in the world. Security is not only the responsibility of the security forces. Security is everybody’s business, which is why the all-of-society approach is often recommended.

No less a person than Nigeria’s Chief of Defence Staff, General Christopher Musa, aptly captured the scenario when he addressed members of the House of Representatives late last year, and said: “We have realised that the magic wand in addressing insecurity is good governance. Anywhere you have good governance, insecurity goes down.

 The security forces can only produce 30 per cent. We can only provide an enabling environment. If other aspects are not addressed, it is a problem. People can’t eat. People are hungry. No matter how you tell them to keep the peace, they will not because they have to eat, otherwise they will be predisposed to criminality.” Incontrovertible!

Yes, it is imperative for the Armed Forces of Nigeria to have enough boots on the ground, steel in the waters, and eyes in the sky in order to defend our country from external aggression or internal insurrection, but the incontrovertible truth is that no country shoots its way into law and order. Law and order, peace and security are dividends of good governance and credible leadership.

As the late literary icon Chinua Achebe rightly identified in his little book, The Trouble with Nigeria, Nigeria’s problem is rooted in leadership, and unless we get our leadership right, we will keep groping in darkness.

President Tinubu must lead the way in engendering good governance, and hopefully it will be replicated in the states and local governments. That is the best place to start if we must tame the monster of insecurity in our dear country.

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OPINION

Of Randy Lecturers and Their Students

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By Zayd Ibn Isah

One of the worst things to happen to a country’s educational institution is to have teachers and lecturers who cannot tame their sexual urges around students. Surely, such a country’s educational system will end up breeding students who are not only vulnerable, but possibly dysfunctional and likely to continue the heritage of abuse and mediocrity.

And why wouldn’t this be so, when such students were deprived of the safe and conducive learning environment which is the basic right of any student seeking enlightenment.

Normally, schools and other educational institutions, whether at primary, secondary, and tertiary levels, are supposed to be hallowed citadels of learning.

Within them, students are trained and equipped with the tools needed for them to become leaders, critical thinkers, and agents of positive change in society. This ensures that beyond the walls of the school, students would have imbibed enough moral instruction to contribute to national development.

However, when these institutions are infiltrated by predatory lecturers who sexualize students for their depraved gains, campuses become jungles where only those who are ready to play by the rules survive, establishing a hierarchical sense of predatory dominance over helpless prey. As such, those who are not ready to submit to the whims and caprices of randy lecturers are frustrated, and their dreams of acquiring knowledge to better their lives quickly turn to ashes. When these things happen, the very essence of education is tarnished, trust in academic institutions is shattered, and the potential for meaningful learning and personal growth is gravely compromised.

Recent events unfolding in our tertiary institutions call for grave concern. Last month, a lecturer at the University of Nigeria, Nsukka (UNN), was caught in the act of trying to sexually molest a female student at the university. The predatory lecturer’s victim is even married, but this was of no concern to the lecturer, Mr. Mfonobong Udoudom. Although his act is no less severe regardless of the victim’s marital status, one would have expected the man to act more like a professional and shun the act altogether. But apparently, such reasoning and logic must have eluded Mr. Mfonobong Udoudom at the level of depravity he no doubt felt comfortably assured within.

The irony of the whole situation is that the lecturer works at the General Studies Programme (GSP) Unit of the university, where he teaches Peace and Conflict Resolution and Nigerian People’s and Culture. I wonder if he thought anything at all about what his actions could mean to the outside world, especially about the Nigerian people and our culture, by threatening to fail his student if she fails to yield to his sexual advances. Did he ever think on how, by pushing ahead with his evil agenda, he would have been implying that in Nigeria, part of the educational culture maintains that students must sleep with their lecturers in order to pass exams?

According to reports, the lecturer is notorious for sleeping with his students to pass exams. In fact, once he sets his interest in you, it doesn’t matter how many hours you spend reading his courses and attending his lectures; as long as you have not followed him to the other room for practicals, you are on your own. But as the saying goes, every day for the thief, one day for the owner.

Even the king of the jungle runs out of luck eventually. And so it went for Mr. Mfonobong. It appears his alleged victim arranged with her husband and others to get the man into a trap, and part of the strategy was for her to play along. This is why, just when the lecturer thought his food was ready, the tables were turned against him and everything came crashing down hard.

“You can see. We have been following this case from day one. We have all the tracks, all the voice notes and everything,” a voice said in the background of the viral clip that was posted on social media to document Mr. Udoudomʼs disgrace.

This was the same strategy that was used for another predatory lecturer desecrating our citadel of learning. Mr. Theodore Shey, a lecturer at the Department of English and Literary Studies, Federal University, Lokoja, was caught in his house while trying to sleep with a female student. According to reports, the lecturer had been on his victim’s neck for sex, but the lady failed to yield. He failed her as a result. She reported the matter to her father, and she was told to play along. And that was how the cookie crumbled for Mr. Theodore.

There is a popular adage that if the hunter learns how to shoot without aiming first, the bird will also learn how to fly without perching. While it may seem that these predatory lecturers are beginning to get their comeuppance, it is quite unfortunate that we are still talking about sex for grades in our schools and that this is happening at a time when parents are encouraged to educate their girl-child to foster an environment of safety and respect. Our campuses are supposed to be a sanctuary for female students, not a jungle where predatory lecturers prey on their bodies.

Although there have been concerted efforts to tackle the menace of sex for grades by the government, at the wake of the BBC Eye undercover investigations into the activities of lecturers in both Nigerian and Ghanaian universities in 2020, The National Assembly passed a bill for the prohibition and punishment of sexual harassment by teachers/lecturers in tertiary institutions.

Unfortunately, this law, like every other law criminalizing crimes in Nigeria, does not deter some lecturers from sexually harassing their students. According to a recent report conducted by Women Advocate Research and Documentation Centre (WARDC) with support from the Open Society Initiative for West Africa, the rate of sexual harassment in our schools remains high, and it is not just a case of lecturers to students; it is even more prevalent among students, likewise non-academic staff.

The report observed that, “There are different manifestations and prevalence of SGBV among different categories of people in the university community. All forms of SGBV are present on campus and with unacceptable frequency. The most prevalent forms are sexual harassment followed by rape. The main perpetrators of SGBV are predominantly students and academic staff, although it is also common for non-academic staff to sexually harass students during the admissions process and when securing accommodation. There is also grossly under-reported sex for promotion and other SGBV amongst staff.”

What this suggests is that a lot needs to be done to stem the tide of all forms of sexual harassment in our schools. There should be an avenue for victims to report incidents of sexual harassment without the fear of victimization. Those caught in the act of sexual harassment should be prosecuted to serve as a deterrent to others.

Only through punitive measures can we maintain the sanctity of our educational institutions. And these recent incidents should not serve as an avenue for people to surface and blame the scourge of sexual harassment in schools as consequences of indecent dressing. Even if female students were to be restricted to the hijab in terms of dressing on campuses, corrupt minds would still fantasize, lust and scheme to perpetrate dastardly acts.

As much as students are expected to dress decently as a reflection of their duties within the school environment, staff should be held up to much higher standards of professionalism, morality and duty. If we must get things right and eliminate the malaise afflicting our learning spaces, everyone must be held to the highest standards and expectations. By doing this, excellence will thrive and mediocrity, along with inane depravity, will become a thing of the past in our educational institutions.

Zayd Ibn Isah can be reached via lawcadet1@gmail.com

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OPINION

WANTED: A STATE OF EMERGENCY ON COST OF GOVERNANCE

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By Tunde Olusunle* 

The lobbies and lounges of the *Nicon Hilton Hotel* (now *Transcorp Hilton)* and *Sheraton Hotels and Towers,* (now *Abuja Continental Hotel)* were very boisterous in the early days of the Olusegun Obasanjo/Atiku Abubakar administration in 1999. Both hotels were the biggest and best, those years and they accommodated the cream of the political class who gravitated to the federal capital territory, (FCT) at the outset of the Fourth Republic.

Conjectures, rumours and spins swirled in the breeze of both hotels throwing up the names of potential ministers, advisers and prospective government functionaries.
As the names of potential top-ranking operatives became public, the question arose about the number of aides they would each be entitled to, and where such assistants will be sourced from.
The civil service was poised to populate as many positions as may be thrown up in the new dispensation. They fancied themselves a reservoir of trained and ready bureaucrats who could be called upon at the snap of two fingers, the way a military parade is summoned by the sound of the bugle. 

First, it was proposed that appointees at the level of minister and adviser were entitled to two aides, a “Special Assistant” at the level of Deputy Director on Grade Level, (GL) 16, and a “Personal Assistant” at the level of a “Chief” in the civil service on GL 14. But for the insistence of senior and influential members of the emerging Obasanjo administration, the civil service would have had its way. For an Obasanjo who is famous for frugality, whatever governance model which would conserve resources for government, suited his desires. The President was, however, reminded that the minimum compensation that could be accorded the foot soldiers who made his ascension possible, was to avail some of them positions in the new government. 

Obasanjo was also admonished about the fact that democratic governance as different from an insular military government, should expand the space for qualified and competent Nigerians by way of sustainable engagement. Members of the national assembly agreed mutually that they should each have five legislative aides, who were of necessity drawn majorly from their home constituencies for obvious reasons. With a total of 469 in both chambers of the federal parliament, over 2000 jobs had thus been created. If Obasanjo’s cabinet was to be composed of 42 members and each of them took two people from the unemployment market, such tokenism will at least keep many hands from becoming workshops of devil.

Since Obasanjo was a newcomer to popular politics who was still undergoing demilitarisation from his erstwhile professional fixations, the new President was also reminded he could seek reelection in 2003, as provided for by the 1999 Constitution of the Federal Republic of Nigeria. If he nursed any such ambitions, the real groundsmen at the grassroots in the polling units, the wards, the local government areas, the federal constituencies and so on needed to be practically cultivated. If they were not physical appointees themselves they will be glad enough that they have their eyes and ears where decisions concerning them were being made. Obasanjo consented and to a substantial extent, his prototype was in place until the expiration of his rulership in 2007. In several instances, qualified loyalists of the party were also appointed and deployed to departments and agencies under the supervision of various ministers.

Obasanjo’s equally frugal successor, Umaru Musa Yar’Adua inherited and ran with his benefactor’s template. Yar’Adua by the way, purportedly appealed to Obasanjo as baton-changer among other reasons, because of his predilection for thriftiness. In the course of Obasanjo’s state visit to Katsina State Yar’Adua’s erstwhile address as governor in 2002, the former Nigerian leader was delighted with Yar’Adua’s good works as with the impressive balance sheet of the state. Obasanjo has also noted elsewhere that he was also swayed in the direction of Yar’Adua because of the absolute loyalty with which Umaru Yar’Adua’s elder brother, Shehu, served him when he was military Head of State. He desired to honour the memory of a colleague who died desiring the democratisation of his country and on whose political platform he largely profited en route the presidency. Atiku Abubakar was Yar’Adua’s de facto Number Two man in the Peoples’ Democratic Movement, (PDM). He it was who led that critical political tendency to coalesce with other groups, to become the bedrock of Obasanjo’s success in the 1999 presidential poll and thereafter.

A certain liberalisation of the preexisting archetype of engagement of personal aides by top appointees began to take root during the administration of Goodluck Jonathan. He succeeded Yar’Adua who passed away in May 2010 and was somewhat soft on certain goings-on in the governance apparachik, his gaze trained on a shot at the presidency on his own steam in 2011. Call cards in the public domain during that era reportedly alluded to new coinages in the Jonathan milieu hitherto unheard of. His police aide-de-camp in his years as Vice President, Matthew Jitoboh, for instance gave way to a military officer, Ojogbane Adegbe, following Jonathan’s concurrent designation as President, Commander-in-Chief. Rather than report to the Inspector-General of Police, (IGP) for redeployment to regular police duties Jitoboh transmuted into a “Chief of Personal Security to the President” under Jonathan’s watch! What with the numbers and diversity of security personnel who hitherto secured the seat of government? Every such needless creation, pitched for operational resources thereby diminishing government capacity to provide basic services and infrastructure.

Things went on a perverse descent with the advent of Muhammadu Buhari as President in 2015. Buhari was never famous for hands-on leadership, a fact which soon became very evident as his rulership began. Ministers, advisers and so on were at open-ended liberty to populate their schedules with as many aides as they desired. Some public officers indeed fancied a whole bureaucracy of personal aides which could include a Chief of Staff! There could also be: Special Advisers; Special Assistants; Technical Assistants; Personal Assistants; In-house Consultants; Resource Persons and so on, engaged by top government officials. Buhari, renowned for never being *awia* of goings-on around and about him, was not in a position to check or moderate such excesses. Sadly but interestingly, government at sub-nationals like the local government level, equally ape existing precedence at the higher rungs. They cram up the space with all manner of frivolous appointments. Local government chairmen also have their chiefs of staff and a retinue of preposterous aides all remunerated from resources transmitted from the centre. It got so bewildering in my local government at some point that the “wives of councillors” were allegedly paid a month’s stipend of N50,000 monthly, for being “first ladies of their wards!”

Government finances are strained by these overloads which come with specific fiscal requirements. Emoluments have to be paid to those purportedly offering services to government; residential quarters or hotel accommodation has to be provided for them; means of travel have to be provided or paid for. Where such officials are allocated official vehicles and there is a shortage of chauffeurs in the pool, new drivers are hired, the costs consolidated on the hunchback of government. The entourage of our modern-day big men on local or foreign travels ballooned with appropriate *per diems* or estacodes, imperative. Officials themselves concot all manner of trainings, conferences and similar offshore engagements, flying in comfy classes. They savour the best hospitality facilities in their global junketing at our collective expense and the discomfiture of our already be-laboured resources. 

Despite this dampening scenario, unfeeling officials prefer foreign destinations for such mundane convergences as interactive workshops and meetings. Early March this year, the Accountant-general of the Federation, (AGF), Oluwatoyin Sakirat Madein herded Commissioners of Finance from the 36 states and FCT to the United Kingdom for an early-in-the-year rendezvous, in the name of a week-long workshop! The theme of that engagement was “Public Financial Management International Public Sector Accounting Standards,” (IPSAS). The AGF who should be better apprised than the rest of us about the country’s most disturbing fiscal situation was the orchestrator of yet another pipe-leak in the name of a foreign engagement for the nation’s exchequers. 

Last April, governors of 10 Nigerian states congregated in the United States to discuss security issues ravaging their various states! All governors from the North West: Sokoto, Kebbi, Zamfara, Kano, Jigawa, Kaduna, Kano and three states from the North Central, Benue, Niger and Plateau, participated in the three-day parley. If their homes have become metaphorical furnaces in the grips of bandits, kidnappers and similar miscreants, couldn’t they have moved over to another state, say Akwa Ibom which would provide the necessary serenity and security for engagement? The resource persons with whom they engaged in the United States could as well have flown to Nigeria.

Public officials are not sparing a thought for the sustainable rehabilitation, upgrading and operationalisation of our existing touristic capital and other facilities which should easily earn foreign exchange for the country. What happened to the *Obudu Cattle Ranch* and the *Tinapa Resort,* both in Cross River State? The state indeed opens the window to a myriad of other pristine treasures including the *Slave History* and the *Old Residency* museums; the scenic *Tortuga Island,* not forgetting the archival home of the famous female Scottish missionary, *Mary Slessor.* What have we done with the *Yankari Game Reserve* and the *Kainji Wildlife Park* in Bauchi and Niger states, which harbour some of the world’s rarest fauna? How about the *Lekki Conservation Centre* and the *Badagry Coconut Beach* overlooking the regal Atlantic ocean, both in Lagos State? 

Under President Obasanjo, Abuja became the unofficial “conference destination” in Africa. It subtly displaced Cairo, Johannesburg, Nairobi, even Kigali in the contest for this designation. Back in 2003, Nigeria very competently hosted the *18th Meeting of the Heads of Government of the Commonwealth of Nations, (CHOGM),* which was attended by the Head of the Commonwealth, Her Majesty, Queen Elizabeth II at the time. Fifty one out of the 54 Commonwealth member countries attended meeting, a measure of the global regard with which Nigeria was viewed. Today, however, our senior officials are ever pliable in flashing cigarette lighters to our very scarce resources, in their oftentimes frivolous gallivanting. They don’t seem disposed to helping to build our own endowments to the world class standards which will compel the world to come probing. 

Last January, Bola Tinubu, Nigeria’s President directed the reduction of the number of officials on his entourage to foreign destinations to 20. This was in response to public outcry about Nigeria’s typically overblown delegations to offshore events. This cutback was also extended to the travels of his deputy. In March, Tinubu issued a presidential order restricting foreign travel by government functionaries for an initial period of three months, starting from April 1, 2024. While these measures are commendable, government needs to take a holistic view of the question of unsustainable public spending particularly in a milieu when government is gasping for fiscal oxygen. 

All arms of government are directly or indirectly guilty of various infractions on the national till. Justices of the Supreme Court of Nigeria mid-2022, petitioned the Chief Justice of Nigeria, (CJN), Tanko Muhammad. Led by the incumbent CJN, Olukayode Ariwoola, the judges correspondence stopped short calling out seething malfeasance under Muhammad’s watch. Nigeria’s parliamoent remains the most pampered anywhere in the world, presumably operating a most opaque accountability regimen. Mammoth sums are voted for the procurement of bulletproof, luxury automobiles for leaders and members of Congress. The President of the Senate, Godswill Akpabio is said to have dozens of aides servicing his office in the name of “inclusiveness.” He never probably met most of them and may never do. We are told inexplicable provisions are made for “constituency projects” which are directly overseen by the legislators themselves. This subhead is said to have become a conduit for the pilferage of public resources. 

Wasn’t Abdul Ningi, a ranking congressman representing Bauchi Central recently suspended for playing the whistle-blower on the expenditure proclivities of the same parliament to which he belongs? Undocumented allowances are made for the various breaks and holidays of parliamentarians, the type described as “prayers” by the Senate President the other day. Let’s not forget the jumbo millions in foreign exchange which the federal government annually votes for some agencies of government, a part of which was found cooling off under uninterrupted air-conditioning in a flat in highbrow Ikoyi, in Lagos, a few years ago. In that 2017 incident, $43.4m; £27, 800 and N23.2m, totalling N13 Billion at the time, were discovered in that singular instance!

Pointed and pragmatic pruning down of government expenditure transcends piecemeal orders and instalmental directives. Government should ideally declare a “state of emergency” on public expenditure which should bring all the arms of government at various levels of administration to a roundtable. More than ever, it is necessary for us to lay the issues bare, agree on subsisting profligacy in governance and administration, and deploy the scalpel without sentiments and biases. We must agree we’ve been collectively profligate. We must concur to the fact that there are services and developments we can avail our people without the humongous budget paddings which have become the norm. We must re-commit to serving the mass of our citizens to whom we are primarily obliged. We must re-dedicate to working for this country with every altruism. We must be resolute in exerting ourselves for its sustainable growth, to the standards of other forward-looking nations.

*Tunde Olusunle, PhD, is a Fellow of the Association of Nigerian Authors, (FANA)*

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