Category: Opinion

  • Budget of Booby Traps

    Budget of Booby Traps

    There is a deafening silence in the land over the state of the economy. No right-thinking person can take this silence or mood of the nation for granted.

    This eery silence is invariably linked to a cost-of-living crisis, exchange rate crisis, uncanny economic uncertainties and other unfavourable economic variables hovering over Nigeria like an ominous overcast and has turned the table against the average Nigerian citizen.

    Today’s economic realities are the byproduct of many decades of squandered opportunities and mismanagement. We are at the point where we have no choice but to get things right and bring about positive change in the renewed hope agenda of the current administration.

    One tool to give people hope and economic direction is the national budget, and the 2024 version of this essential national document is ripe to be laid before the National Assembly (NASS) and for NASS to do justice to it according to law and the current challenges facing the nation.

    This ‘budget of Renewed Hope” must depart from the norm if we are earnest about getting things right in Nigeria. However, the systems and structures that made our budgets ineffectual are still there and may succeed in pushing this new budget towards the path that destroys the essence and soul of the budget.

    In ordinary times, the national budget should reflect our values, priorities, pursuit of economic stability and broad growth anchors.

    This is even more important in a crisis period. In the recent past, this has not been our experience. National budgets have served purposes other than the one it is meant for – starting from unrealistic budget formulation, budget padding, duplication of projects, allocation of projects to agencies outside its mandate, the deliberate creation of multiple pipelines for corruption purposes, and underspending to unsatisfactory budget implementation. But these are no ordinary times.

    The budget must reflect the mood of the nation. People are hurting from devastating economic hardship, and the 2024 budget must be the first blueprint and anchor of hope for millions of Nigerians looking for solutions to their many problems.

    My ordinary expectation is that the Executive arm would put up a budget that focuses on sectors of urgent national concern;social welfare, education, health, transportation, power, agriculture, and internal security.

    The budget will show the direction of this government in the next year, and the president will expect NASS to keep to the spirit and letter of the budget and not deviate from it to help him champion his renewed hope agenda.

    Analysing the Nigerian budget over the last decade provides insight into the country’s economic trends, government priorities, and overall fiscal management.

    A critical review of these budgets highlights some of the negatives that have led us to our economic quagmire, and we must keep such negatives from creeping into and affecting the 2024 budget if we want it to be fit for purpose.

    The Nigerian budget is often influenced by factors such as oil prices, internal security challenges, infrastructure development, and social welfare programmes.

    However, as dynamic as the Nigerian circumstances are and the complexities that define our economic realities, our bane comes more from structural decays and ineptitude than from the content, spirit and intentions behind the budget or the known trends that inevitably affect them. Some of these known trends are outlined below.

    First, Nigeria heavily relies on oil revenue, which has led to budget volatility due to fluctuations in global oil prices. During high oil prices, the budget tends to increase, leading to ambitious spending plans. However, during oil price slumps, the government often faces significant revenue shortfalls and struggles implementing planned projects.

    Second, Nigeria ran a deficit budget for over a decade. Nigeria’s debt profile has risen in the last decade as the government has resorted to borrowing to bridge revenue shortfalls and finance infrastructure projects.

    The increasing debt burden has raised concerns about the country’s debt sustainability, particularly in servicing these debts. Third, Nigerian budgets pander towards recurrent expenditure rather than capital expenditure and infrastructural development.

    Besides, these insufficient capital and infrastructural projects have been fraught with challenges such as corruption, inadequate project planning, and implementation delays that have hindered the successful execution of these projects.

    Fourth, most budgets during Buhari’s eight-year tenure have a significant slant towards social welfare, focusing on poverty alleviation, job creation, and social empowerment but the impact and effectiveness of these initiatives have been a subject of debate and scrutiny. Fifth, past budgets showed increased efforts to diversify the Nigerian economy away from oil dependence, focusing on sectors such as agriculture, manufacturing, and technology with minimal result to show for it.

    Overall, the Nigerian budget in the last decade reflects a mix of challenges and opportunities, highlighting the need for improved fiscal management, transparency, and sustainable economic reforms to foster inclusive growth and development. However, the most significant difficulty with our budgets is the corruption around the budget both at the formulation and implementation stages. ICPC alleged that civil servants padded 2021 and 2022 budgets with projects duplication worth over N400billion.

    BudgIT, a non-governmental civic organisation, also alleged that there were insertions of 6,576 “strange”projects by federal lawmakers in the 2022 budget, which bloated the budgets of different federal ministries, contributing further to a breach of the budget ceiling safeguards announced by the Budget Office of the Federation on August 19, 2021. On poor implementation of budget due to inadequate budget formulation, data collated by BudgIT has shown that only 13 out of the 36 states in Nigeria implemented 80 per cent of their budgets for the 2022 fiscal year.

    And the federal government has never attained 60% implementation in recent times.

    Most of the underspending is on Capital expenditure. Besides, for ten years, from 2012 to 2022, we have consistently earned less revenue than we budgeted, meaning we always chose the option of debt financing.

    The same applies to budget performance, we have always spent less than budgeted. Unrealistic budgeting has created credibility problem for Nigeria’s budget. This is even worse by the over-bloated prices for projects that bring little relief to the people.

    Invariably, four constituencies have lofty expectations from this 2024 budget. The citizens of Nigeria, especially the majority going through rough economic times, expect this budget to be a turning point for them.

    To them, it is a budget of hope – a renewed hope for a better future and a better Nigeria that Mr president promised them during his campaign. However, the citizens must show a keen interest in the budget-making process. Citizen participation in the budget-making process leads to a responsive budget allocation by the National Assembly, enhances good governance, and improves the delivery of public services.

    The international community is waiting for the budget to see whether we are serious about shifting direction and doing things differently.

    They will have to judge whether it is business as usual or whether Nigeria has taken a stand to match rhetoric with actions in its bid to become an economic giant. Students of history and economics are waiting to see if this budget will be the start of a new epoch that will mark on the sands of time indelibly that this set of leaders will transform Nigeria forever.

    The last constituency is the National Assembly, and it behoves them to perform their oversight functions properly during the budget implementation phase and leave up to their mandate.

    Over the past decade, there have been concerns about the actual disbursement and effective utilisation of budgeted funds, leading to challenges in achieving developmental goals and meeting the population’s needs. Ensuring effective budget implementation and accountability has been a persistent challenge in Nigeria.

    Corruption, mismanagement of funds, and weak institutional frameworks have hampered the efficient utilisation of budgetary allocations, undermining the country’s development efforts. The Nigerian Executive and NASS have a responsibility to get things right with the new budget. If not, we are on a long road to perdition.

    Nigerians have expectations of the Executive and NASS regarding the 2024 budget formulation, ratification, implementation, and accountability. We expect a workable and realistic budget. We expect a cut down on the cost of governance.

    We expect less deficit, reduced or elimination of waste, and reduced debt profile. They must eschew all forms of budget padding, intentional duplication of projects, and deliberate creation of multiple pipelines for corruption purposes.

    The 2024 budget must lay the foundation for the economic growth of Nigeria by at least starting the process of diversifying the economy, addressing unemployment, and tackling poverty.

    We expect patriotism to drive the budget formulation process to the advantage of Nigeria and Nigerians and not the benefit of a few. We are in an economic ocean; we must either swim or sink. And swim we must!

  • Oxymoron of Nigeria’s Sugar Policy: Taxing Supply While Promoting Demand

    Oxymoron of Nigeria’s Sugar Policy: Taxing Supply While Promoting Demand

    Recognising the vital role of the sugar industry and the need to reduce Nigeria’s reliance on sugar imports, the government in 2012, made an audacious move to boost local sugar production. This involved the strengthening of the existing sugar plants, establishing new ones, and supporting sugarcane farmers with credit, supplies, and better infrastructure.

    In line with this, the National Sugar Development Council (NSDC) (the main focal agency responsible for the regulation of all activities in the sugar sub-sector ranging from production, marketing, importation and enforcement of relevant industry standards in collaboration with relevant government agencies), crafted a strategic plan known as the Nigeria Sugar Master Plan (NSMP) with the aim of achieving self-sufficiency in sugar production within a decade. The NSMP received approval from the Federal Government in September 2012, and its implementation commenced on January 1, 2013.

    The government’s endorsement of the NSMP and its adoption as the guiding framework for sugar sector development underscored its commitment to leveraging agriculture and industrial manufacturing to diversify the nation’s economy and revenue streams. This initiative was poised to create significant employment opportunities for the citizens, marking a pivotal step in the nation’s economic and agricultural transformation.

    Key to this initiative were three Nigeria’s biggest industrial conglomerates-Dangote, Flour Mills and BUA-enlisted as anchor players for the initial decade. Guiding the monumental effort to fortify local sugar production was the National Sugar Development Council, acting as the pivotal policy platform.

    The NSMP, a comprehensive ten-year roadmap policy, harbored a grand vision-to resurrect Nigeria’s once-thriving sugar sub-sector and elevate the nation to the esteemed status of a leading sugar producer in Africa.

    However, recent developments have cast a shadow of uncertainty, compelling the Manufacturers Association of Nigeria (MAN) to pose a crucial question: Can we find a way to strike a harmonious balance between bolstering local sugar supply and curbing demand through taxation?

    At the heart of the matter lies a proposal to augment the existing 10 Naira per litre tax on sugar-sweetened beverages. The Federal Government recently expressed its readiness to raise tax on sugar-sweetened beverages (SSB) from the current rate of 10 percent to 20 percent. The SSB tax, embedded in the Finance Act of 2021, levies a N10 tax on each litre of all non-alcoholic and sugar-sweetened carbonated drinks, as part of efforts to discourage excessive consumption of sugar, which it claims contributes to the burden of non-communicable diseases such as obesity, diabetes, among others.

    As the collective voice of industry stakeholders, MAN highlights the tangible repercussions of such a decision. On the surface, this proposal may appear as a straightforward measure to manage sugar consumption. However, beneath the surface, a complex economic conundrum unfolds.

    The primary sector set to be affected by this proposed tax hike is the Food and Beverage industry—a significant contributor to Nigeria’s economic landscape. Local industries heavily depend on domestically sourced sugar. The inevitable outcome of higher taxes on sugar-sweetened beverages is the likely surge in the prices of these products. In a nation where consumers are particularly price-sensitive, this price increase is poised to lead to a reduction in demand for these goods.

    Yet, the consequences of this demand reduction are not to be taken lightly. It could potentially translate into a dwindling revenue stream for the government at the long run, coupled with the very real threat of job losses within the Food and Beverage sector, hence worsening the current high unemployment rate being ravaging the country.

    Moreover, the price hike may inadvertently prod consumers towards the consumption of unregulated and illicit sugar-sweetened products, further complicating the issues of public health and regulation which the government initially intends to check.

    In addition, it’s not just the Food and Beverage sector that finds itself on the cliff of potential disruption. The local sugar industry, a linchpin of the NSMP’s ambitions, stands under the shadow of an uncertain future. The disruption in demand dynamics, driven by the proposed tax increase, could severely impede the progress made towards achieving the local sugar sufficiency targets outlined by the NSMP. The looming specter of job losses within this sector casts a cloud over the lofty goals envisioned by the NSMP.

    This brings us to a fundamental question: If the government is genuinely committed to realizing self-sufficiency and fortifying the local sugar industry through the NSMP, then why simultaneously impose a tax on sugar consumption that has the potential to stifle the very industry it seeks to promote? MAN asserts that there should be a more harmonious and balanced approach, one that promotes local sugar production while ensuring economic stability and job security.

    The delicate balancing act between enhancing local sugar supply and regulating sugar consumption is a challenge that demands careful consideration. MAN’s position underscores the need for a comprehensive strategy that prioritises economic growth, sustainability and the health of the sugar industry, all without unintentionally suppressing overall economic progress.

    Director-General, Manufacturers Association of Nigeria (MAN), Dr. Segun Ajayi-Kadir, said: “As the Manufacturers Association of Nigeria, we wholeheartedly endorse the Nigeria Sugar Master Plan as a pivotal driver of economic revitalisation and self-sufficiency in the sugar sub-sector.

    “However, the recent proposal to increase the tax on sugar-sweetened beverages poses a substantial challenge to our collective vision. It casts doubts on the necessity of a balanced approach that encourages local sugar production, while securing our nation’s economic stability and job security. We believe that the delicate balancing act between these objectives necessitates thoughtful consideration and a more harmonious strategy to achieve our shared goals.”

    As the argument rages and the nation charts its course towards a more sustainable future for its sugar sub-sector, policy makers are urged to heed the concerns and insights raised by industry stakeholders.

    The ultimate goal is to find a harmonious equilibrium that not only resurrects the sugar industry but also nurtures a thriving, competitive and robust economic landscape, thereby edging Nigeria closer to its vision of becoming a leading sugar producer in Africa.

  • Dark Chapter For The Judiciary

    Dark Chapter For The Judiciary

    In 1961, the Prime Minister of Nigeria, Abubakar Tafawa Balewa, enjoined Justice Adetokunbo Ademola to “never waiver from the truth” and a charged him that if he committed a crime and was brought before the justice, he should send him to jail. Balewa understands the importance of judicial independence and the integrity of the judges in fostering an enduring democracy. He understands that the Judiciary in our democracy is the third estate of the realm, the interpreter of the law, the common man’s last hope and the society’s conscience.

    It serves as checks and balances of the executive and the legislature while adjudicating criminal and civil matters within the society, punishing offenders, and protecting citizens.

    The judges who preside in Courts and the lawyers who prosecute or defend their clients ought to be impartial, upright, diligent, consistent, and open in whatever they do because their character is public property. The judges are the cynosure of the adjudication system and are expected to live above board. This is the ideal. However, this is too far from our current reality.

    Recently, there has been a substantial amount of debate, discussion and concerns about the health and reputation of Nigeria’s Judiciary. A cursory review and quasi-research of commentaries on the actions and inactions of Nigerian Judiciary in 5 Nigerian newspapers between September 2023 and September 2023 reveals that 67% were negative, 10% were classified as neutral, and a paltry 23% were positive. The inference to draw is that the Judiciary in Nigeria has been in the news for all the wrong reasons. Why, then, do the commentariat and public view the Nigerian Judiciary mainly in the negative?

    Our Judiciary has dug itself into a deep hole of credibility crisis for three key reasons. The first reason is the preponderance of questionable judgements. This is worse with political cum election cases. Some judgements are inconceivable, and it is difficult for right-thinking persons to wrap their heads around them.

    From politicians not participating in primaries but becoming substantive candidates to court injunctions against the arrest of politicians or politically exposed people on criminal allegations to unimaginable errors in electoral judgment and judicial procedures, one wonders why we are facing such an epidemic of judicial impunity.

    In election-related cases, could the waning quality of judgments be blamed on the unmanageable caseload and the punishing timeline for hearing and delivering judgments in election petition cases? Are the judges sitting on Electoral Tribunal or Appeal in a panel of at least three members able to have valuable conferences to deliberate on the cases argued before them to enable them to make informed decisions? Or is it just a routine ritual where one member cavalierly decides, and the rest chorus their agreement with the lead judgment that they never had the prior privilege to read the draft in advance? Whatever the answers might be to these posers, the Judiciary is fast losing the trust and reverence it used to enjoy from the public.

    The second reason is the plethora of embarrassing corruption stories about the Judiciary constantly in the public domain. The public has lost trust in the incorruptible Judiciary, and now the general perception is that the Judiciary is prone to corrupt practices . Although this may be a hasty generalisation because we still have honest and incorruptible judges doing a great job, they hardly get mentioned in the media. Instead, the public is bombarded with news about corruption in the Judiciary.

    Besides, the lifestyle of some judges belies the fact that they must be corrupt. We all know that the remuneration of judges and justices (between N450,000 to N750,000) is poor considering their excellent work; some live billionaires’ lifestyles, making people wonder how they come about the money they are spending.

    It is public knowledge that judges clamour for jobs in the election petition seasons, and evidence abounds that some of the judges’ lives change overnight after the election petition assignment period. We have proof of some judges being indicted and punished for corruption in the electoral judicial cases saga, but that has not deterred others from engaging in such dastardly art.

    The third reason is the panoply of unethical conduct among judicial officers and the slow conduct of cases, especially during electoral adjudication periods. Judicial accountability is far fetched . Justice delayed is tantamount to justice denied. Most Nigerians will shy away from our court system because of the delay in the court process and the recklessness of ending cases mostly on technical issues rather than substantive ones.

    This has been made worse by the politicisation of the Judiciary to the extent that some stakeholders call it the “capture of the Judiciary ” by politics. Judges are supposed to be politically neutral and objective, contributing to maintaining a democratic state without bias. However, we notice the involvement of some judges in politics, or their close family members are politicians or politically exposed, and therefore put undue pressure on them and the judicial system. Conflict of interest issues are seen, and politicians use all means necessary to maintain a firm hold on these judges.

    The most recent example of how low our judicial system has gone, which is very embarrassing, is the Kano State Governorship Contest Appeal Court judgement. Court of Appeal Kano on November 17 delivered judgement on this case, and parties applied and obtained the certified true copies of the judgement.

    Two days later, after Mr Femi Falana raised an alarm that there were significant inconsistencies in the judgement and that what was delivered in court was at variance with copies of the judgement given to parties, the Deputy Chief Registrar of the Court of Appeal on November 22, wrote to lawyers in the case to return the judgement for what he called “Typographical errors”.

    Meanwhile, the appellant had already filed its appeal before the Supreme Court. We must interrogate a lot of pertinent issues concerning this issue. First, the Kano Appeal Court judgment was unanimous, and the other two members of the panel of judges agreed with the lead judgment and stated in their contribution that they had read the lead judgement and agreed with it, including consequential orders. So how come there were such blatant “clerical errors, “as stated by the Chief Registrar of the court in his subsequent publicised letter to the lawyers inviting them to apply to correct the errors? Second, why will this clerical error be made at the most essential part of the judgement declaration? Does this smell, taste and feel like human error rather than a deliberate attempt at mismanaging the judicial process? These raises concerns about the industry, quality of judgement, and integrity of the judiciary and men on the Bench.

    It is time we explore an alternative forum (Specialist Court) for resolving election disputes or narrow down the grounds on which elections are disputed. In the 2023 general elections, there were gubernatorial elections in 29 states, Houses of Assembly elections in 36 states, and NASS in all constituencies. Disputes arose from almost all these elections. In some cases, multiple parties filed petitions. Given the timelines prescribed in Section 285 CFRN, all these cases arrived at the Court of Appeal at about the same time and are to be determined within the same time frame – a point of thousands of court cases to be determined by a Court consisting of 81 judges (not all 81 would participate) in approximately 60 days. This timeframe covers the period for filing briefs and hearings; in most cases, they are left with barely a week after the hearing of the appeal. With this workload, should we expect justice from the Court of Appeal? Are the mistakes not inevitable? No one advocates for the injustice inflicted on hundreds of thousands of citizen litigants, whose matters have been abeyance until all political matters have been resolved.

    Second, this ‘error’ has created a potential constitutional quagmire.The supposed error is contained in the dispositive part of the judgment. Regardless of the content of the judgment, it is the court’s final disposition that is enforceable. What happens if the NNPP and Governor decide not to appeal and insist that the final disposition favours them? This is an opportunity to fight against judicial misconduct, negligence and sloppiness . The police and the anti-graft agencies should investigate this.

    Regrettably, the erosion of the independence, integrity and reputation of the Judiciary is a critical aspect of the collapse of our democracy and the rise of impunity and authoritarianism.

    These signs are ominous because the failure of the Judiciary is the end of law and order and the genesis of anarchy. Unless the Judiciary is reformed and maintains its integrity, and independence, democracy dies. Members of the Legal profession, especially the Bench, must reflect on the consequences of their actions on society, especially the health of our democracy. All stakeholders must urgently interrogate how the Judiciary, which is supposed to protect and give us justice, became so vulnerable.

  • The Drum For Electoral Reforms

    The Drum For Electoral Reforms

    John Dewey, an American philosopher of the 20th century, argued that “we do not learn from experience … we learn from reflecting on experience”. At the core of this statement is the critical role of reflection in the learning process.

    When we reflect and analyse past experiences, we gain insights, identify lessons learned from our mistakes, and integrate these insights into our lives to make better decisions in the future. In line with this sentiment, the call for electoral reforms is usually high after every election cycle. It has become a priority public commentary issue because of its linkage to the sustainability of democracy and quality of governance. Civil society, opposition politicians and international multilateral organisations are usually at the forefront. The 2023 election is no exception.

    The 2023 elections were held under what was considered one of the most responsive and innovative electoral acts since 1999, but it turned out to be one of the most contentious. The degree of contention signals that the quality of election management may have plummeted from our 2015 experience.

    Penultimate week, Yiaga Africa, in collaboration with the National Assembly, organised a Town Hall on Electoral Reforms in Abuja. The most critical challenge I see as we embark on the journey of another electoral reform is, given the level of political corruption prevalent in our system, how do we get the average enlightened citizen to believe that the pursuit of electoral reform is worth his time and that democracy has any value beyond periodic election for which he is not sure his vote will count? Sadly, we have attempted four electoral reforms or electoral acts from 2007 to 2022, but the quality of our elections is yet to keep pace .

    Why did these electoral reforms not deliver? The reason is plausible. Like everything else in Nigeria, there is a wide gap between laws and the implementation of laws. We fail woefully at implementing laws put in place to make our elections free and fair. It is as if politicians and legal practitioners  actively look for loopholes to either circumvent the law or outrightly disregard it to achieve their electoral desire – which often is to win at all costs.

    After an extensive review of the last election, notes shared with me by the former election umpire, Prof.Attahiru Jega  and the brilliant suggestions made at the Yiaga Africa event, i have identified urgent issues to focus on as we march towards 2024/25  electoral reforms. We need to rethink our entire electoral process to make it fit for purpose.

    We must identify loopholes and block them altogether. The lacuna in the electoral process is our penchant towards making rules that, at face value, make sense but may not align with our current reality based on technology or our prevailing political attitude. This mismatch leads to unenforceable rules that open itself to judicial interpretation. I will articulate some of these issues thematically below.

    The first is relating to the use of technology in elections. We must remove the ambiguity evident in Section 64 of the EA22 and make electronic transmission of results mandatory from the next general elections in 2027, including uploading polling-unit level results and result sheets used at different levels, and invest in  the technology . This was a sticking point in the last election and created many legitimacy issues when handled poorly.

    The second relates to political parties and their candidates. The new Act should stipulate sanctions for failure to submit a register of party members not later than 30 days before the date of party primaries, congresses, or conventions concerning Section 77 (3), which the political parties have observed in the breach in the 2023 elections without penalty. It should proscribe cross-carpeting not only for members of the National Assembly but also for elected executives, governors, and Chairmen of LGAs. And empower INEC to prepare for elections to fill the vacancy once it has evidence of the Act of cross-carpeting. The provision that INEC can only fill such vacancies if they have been declared vacant by the Speakers (NA and SHAs) and Senate President is unrealistic as, in practice, they have failed to report such vacancies, as ‘de-campees’ invariably become members of their(Assembly  leaders)parties.

    Besides, instead of Sections 86 and 87, which place all the responsibility of monitoring party finances with INEC, given the prevailing tendency of parties and candidates to violate campaign finance limits, this responsibility should either be handled by a newly created agency (in the context of unbundling INEC) or given to an Inter-Agency Committee consisting of INEC, Security, and anti-corruption agencies. Although Sections 31 and 33 specify conditions regulating withdrawal of candidature and substitution, there is a need to place stringent requirements for candidate withdrawal and replacement to prevent abuse of this provision.

    The third is related to electoral dispute resolution and Judicial adjudication. Notwithstanding,provisions of Section 29(5), which allows aspirants who participated in primaries to pursue pre-election litigation, there is a need for the legislation to allow even candidates outside the political parties, as well as tax-paying citizens, to file suits against candidates who provide false information to INEC regarding their candidature. Although Sections 132(8) and (9) have given timelines within which the Tribunals and courts of appellate jurisdiction should deliver  verdicts, there is a need, particularly concerning elected executive positions, to ensure that all cases are resolved, and judgments made before the date of swearing-in other as found in Kenya and other African countries .

    The fourth relates to voters register  and the voting process. INEC must enhance the quality of the voter register/voter registration process. And the increasing phenomenon of vote buying and vote selling  needs to be explicitly proscribed, with stiff penalties provided. Section 121, which deals with bribery and conspiracy, is insufficient to decisively deal with this phenomenon, which is destructive to the integrity of the elections.

    Accordingly, as recommended by the Justice Uwais Electoral Reform Committee, the current statutory responsibility of INEC regarding the prosecution of electoral offenders should go to an ‘Election Offences Commission’. To accelerate the trial and punishment of offenders and address the impunity with which such offences are committed.

    The fifth is related to the Institutional Independence and Effectiveness of INEC. We need to rethink the process of nominating and empanelling INEC.

    The National Assembly should amend both the constitution and the electoral Act to review the process of appointments into INEC, specifically to divest the power from the appointment of Chairman and National Commissioners from Mr President, to free the commission from the damaging negative perception of “he who pays the piper dictates the tune” and professionalise lower-level administrative appointments, including headship of state offices of INEC.

    In this regard, the appointment of Resident Electoral Commissioners should be divested from the president and given to the Commission at INEC, with powers to hire and fire. Also, INEC needs to be unbundled to improve its efficiency and effectiveness in the preparation and conduct of elections, while an independent body should also take the registration and monitoring of the activities of political parties.

    Electoral reforms are essential for maintaining and improving the health of a democracy, ensuring that it remains responsive, representative, and accountable to its citizens’ diverse needs and interests. It plays a crucial role in strengthening and enhancing the functioning of democracy by promoting inclusivity, transparency and accountability, electoral integrity, and legitimacy.

    Given the importance of electoral reforms to democracy and the quality of governance, we must take it seriously this time. Our democracy is a work in progress; we must do our best to make it functional. Though tortious and painstaking, these extensive reviews are needed to keep reshaping our democracy.

    As imperfect as our electoral acts have been, they would have provided better elections if they had been adequately implemented. The bane of our electoral system is our penchant towards subverting the laws, sometimes with great impunity, and our total disregard for the rule of law. As we think about improving the Electoral Act to serve our electoral needs, we must reflect on implementing the Act’s content effectively.

    I also call for an attitude change among our politicians who are ingenious in coming up with ways to undermine the Electoral Act to their advantage. The Machiavellian approach to politics will continue to impede our electoral process no matter how perfect our electoral Act is. It is time for real change.

  • Rivers Must Not Overflow, Mr President!

    Rivers Must Not Overflow, Mr President!

    Rivers, a state so rich because God blessed it with an abundance of crude oil and gas, is named after the many rivers that border its territory. Forty per cent of Nigeria’s output of crude oil is produced in the state. It also has deposits of silica sand, glass sand and clay.

    According to the National Bureau of Statistics (NBS), ₦1.93 trillion was raked in, in 2022 as Internally Generated Revenue (IGR) across the 36 states in Nigeria, including the Federal Capital Territory. Out of this, Rivers State generated ₦172.89 billion, second only to Lagos, with ₦651.15 billion.

    And despite a 12 per cent decline in the overall allocation in the second quarter of this year, Rivers State was third with N69.73 billion. For December 2022, shared in January this year, for instance, the state received ₦13,700,878,221.58 (N13.7billion).

    Despite its vast resources and strategic positioning as the nation’s goose that lays the golden eggs, Rivers State, created in 1967 with the splitting of the South Eastern State, had always been a calm state with level-headed people as its governors.

    Apart from military administrators and governors, seven democratically elected governors have led the state since 1979. Among them is its first civilian governor, Melford Okilo, who governed for four years and 91 days, from 1 October 1979 to 31 December 1983.

    Rufus Ada George was next and was in office for one year and 320 days, i.e. from January 1992 to 17 November, 1993. Peter Odili was governor between 29 May 1999 and 29 May 2007, or eight years, and was the state’s first civilian governor in the current Republic.

    The state started its journey to its current ‘ignominious’ status with the ascendancy to governance by Celestine Omehia, who was there for just 150 days, between 29 May 2007 and 26 October of that year.

    Omehia, on the platform of the Peoples’ Democratic Party (PDP), won the governorship election but Rotimi Amaechi, also of the same party, went to court claiming to be the candidate of the party and so his name ought to have been on the ballot paper.

    Amaechi, the speaker of the state House of Assembly, was duly elected at the party’s primaries as its gubernatorial flag bearer. The PDP leadership substituted him “in error” in the state on the orders of the former president, Chief Olusegun Obasanjo. The substitution was done without the due process of informing the Independent National Electoral Commission (INEC).

    And so the Supreme Court removed Omehia from office in October 2007 after he had been in office for five months. It ruled that he had usurped Amaechi’s ticket for the election, and accordingly handed Amaechi the top job. In any case, the principle is that the party owned the votes and not the candidate, and so even though Amaechi was not on the ballot, he inherited the votes cast for the party as its valid candidate.

    From that event when the court gave the Rivers people their governor, a seamless transition vacated the state.

    Nyesom Ezenwo Wike, who also served for eight years from 29 May 2015 to 29 May 2023, grabbed the ticket from Amaechi’s hand with the help of the sitting president, Goodluck Ebere Jonathan, and his wife.

    But that is not the case with Siminalayi Fubara as he was handpicked and bankrolled to the office of the governor by Wike.

    Of course, Wike did not do that out of altruism, but for him to have a firm hold on the government of the rich state.

    Now, barely 200-odd days into office, his anointed Fubara wants to be allowed to breathe. Sources have it that almost all appointees of the governor came from his godfather. All major contracts are being approved and dispensed by Wike and any transaction above ₦50 million must have his seal of approval. According to Dele Momodu, a chieftain of the PDP, Wike usually screamed at Fubara in front of subordinates.

    Fubara’s determination to escape Wike’s influence has led to a fierce battle between supporters on both sides, who are fighting to keep their leaders relevant in the political landscape.

    This has drawn up issues, many of which are testing the elasticity and resilience of our constitution, even threatening the spirit of that constitution.

    Some 27 members of the State Assembly loyal to Wike left the party, on whose platform they were elected, for the All Progressives Congress (APC), the party ruling at the centre. This made Fubara, his loyalists and the PDP, struggling to regain its foothold in the state, declare their seats vacant.

    Unfortunately for both gladiators, their party, the PDP, made toothless by no other than Wike with expressed support from his erstwhile minions like Fubara and others, could not help.

    Perhaps concerned with the happenings in Rivers, and worried that what seemed like political pugilism for dominance may overflow and spill over to God knows where, President Bola Ahmed Tinubu called a meeting of the key actors and sought a détente.

    Coming out of that gathering, a truce was reached, and an agreement signed, with the 27 members of the state House of Assembly back and calling the shots as bona fide legislators.

    But this is where the problem is. Some stakeholders have already started calling on the president to approach the matter differently.

    For instance, Robert Clarke, an elder and Senior Advocate of Nigeria (SAN), has said the president had no constitutional right to intervene in the Rivers State crisis. He suggested that if the situation in Rivers State escalated, the president should not intervene but consider declaring a constitutional crisis, pointing out that the only historical instance where the federal government intervened in a state’s affairs was during the 1st Republic when a state of emergency was declared in the West.

    On his part, Ben Murray-Bruce, the commonsense senator, has commended the president and the national security adviser (NSA), Malam Nuhu Ribadu “for bringing peace in Rivers State.”

    According to him, their intervention was timely, prudent and statesmanly, adding that it behoves on the disputing parties to abide by the resolution.

    Others, however, see it differently.

    Six elders from the state have dragged President Bola Tinubu to the Federal High Court in Abuja, for allegedly “compelling Governor Siminilaya Fubara into an unconstitutional agreement.”

    Led by a member of the Rivers State House of Assembly representing Bonny State Constituency, the other five are Victor Jumbo, Senator Bennett Birabi, Senator Andrew Uchendu, Rear Admiral O. P. Fingesi, Ann Kio Briggs and Emmanuel Deinma.

    To them, the agreement, which was signed on December 18, was not only “illegal but amounted to an usurpation, a nullification, and undermining of the extant/binding relevant provisions of the 1999 Constitution, as amended.”

    They prayed the court to determine whether President Tinubu, Governor Fubara, and the Rivers State Assembly had the right to enter into any agreement that had the effect of nullifying or undermining the constitutional/legal potency of Section 109(I)(g) and (2) of the 1999 Constitution, as amended.

    Wherever one finds himself on this divide, this Rivers crisis is one that all sensible Nigerians who love our democracy will want to see resolved according to the letters and spirit of the Nigerian Constitution that the president, Fubara and Wike (who at some points) have all sworn to uphold and protect without fear, favour or ill will.

    Nigerians, and possibly others, are waiting and watching.

  • Why a President should not be a Minister, by Hassan Gimba

    Why a President should not be a Minister, by Hassan Gimba

    An Igbo adage says that when an anomaly persists for one year, it becomes the norm. So slowly, steadily but surely, it is becoming a norm, an accepted aberration, for a president in Nigeria to appoint himself as a minister. It is like saying in a country of 200 million-plus, there is no one good or capable enough to hold that particular office except the man entrusted with the running of the nation.

    It was President Olusegun Obasanjo that started it. Nicknamed the “Trinity President” in some quarters, for six out of his eight years in office, i.e., from 1999 to 2005, Obasanjo was president, petroleum minister and minister of state for petroleum.

    It was only in 2003, the last year of his first term that he appointed Edmund Daukoru, the current traditional ruler of Nembe Kingdom in Bayelsa State, as special adviser on petroleum and energy and then minister of state in 2007.

    I think Muhammadu Buhari got so fascinated by this “Trinity” arrangement that he saw Obasanjo run that he too made himself the Czar of Nigeria’s petroleum sector by appointing himself into the same offices.

    One curious observation is that they both chose to head the petroleum ministry despite their shallow knowledge of the sector. Both presidents were soldiers who rose to become generals. Nigerians would expect them, especially Buhari, to head the defence ministry if they must be ministers. But the Ministry of Petroleum holds an enticing attraction to them. Can it be because Nigeria’s crude oil is called “sweet”?

    Addressing some select reporters at a Global Leaders’ Summit on Countering ISIL and Violent Extremism, in London, President Buhari said: “I will remain minister of petroleum. I will appoint a minister of state for petroleum.”

    And that was even before he had taken the names of his prospective ministers to the Senate. Unlike Obasanjo, he had once served as oil minister and, unlike him again, he appointed a minister of state earlier.

    When the news broke that he was going to announce himself as petroleum minister, Vanguard newspaper published an editorial advising against such a move.

    “The nation is still at sea over how former President Olusegun Obasanjo handled the same job for six years from 1999 when he assumed power. Several turnaround maintenance projects were undertaken and billions of naira sunk and yet the refineries remained comatose,” the article read.

    But how did Nigeria’s oil sector with its “sweet crude” fare under the two former generals-turned-civilian presidents?

    Reports have it that Obasanjo’s leadership at the petroleum ministry was characterised by lots of opacity and breach of due process. The seeds of the controversial Malabu oil deal were planted in that period.

    The Guardian, on January 13, 2008, wrote, “Under Obasanjo, the government was not run based on budget and he did not consider himself bound by the budget. He was the budget. He provided figures and allocations and spent money as he liked without any evidential accountability to the National Assembly. Nobody knew what the revenue was. The National Assembly didn’t know; he was not revealing anything. How much came into the government coffers from the oil sales? Nobody knew except himself. He was the sole minister of petroleum.”

    And because of this, in December 2007, seven months after he handed over power to Umar Yar’Adua, the Conference of Nigerian Political Parties (CNPP) petitioned the anti-graft agency he set up, the EFCC, demanding that Obasanjo be probed as he no longer enjoyed constitutional immunity.

    The petition read in part: “Let us start by stating that Chief Olusegun Obasanjo, during his tenure, illegally appointed himself the minister of petroleum resources, contrary to section 147 of the 1999 Constitution of the Federal Republic of Nigeria.

    “Secondly, his activities in the oil industry were shrouded in secrecy, as he never rendered proper accounts of the oil revenue to relevant agencies like the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC).

    “Thirdly, it is also on record that neither the Federal Executive Council nor the National Assembly was ever presented memoranda or budgets of the oil industry.”

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    Buhari’s case was almost similar. Probably no other leader in Nigeria’s history has had the swell of goodwill to tap into as him when he took over in 2015, but he sadly turned such enthusiasm into grave disappointment, his regime falling from what many, rightly or wrongly, had high hopes on, to one that the nation couldn’t wait to see the back of.

    According to Buhari, the reason he wanted to be the minister was to right the wrongs in the oil industry, which was plagued by corruption, massive fraud, and crude oil theft.

    But in his “determination to sanitise Nigeria’s oil industry and free it from corruption and shady deals,” he spent over N11 trillion on “subsidies” and over $19 billion on the maintenance of refineries that did not refine even a single litre of petrol throughout his eight years.

    The Constitution of Nigeria that authorised the president to appoint ministers also gave the power of their vetting and confirmation to the Senate of the Federal Republic. Specifically, section 147 of the Nigerian constitution provides that: “(1) There shall be such offices of Ministers of the Government of the Federation as may be established by the President. (2) Any appointment to the office of Minister of the Government of the Federation shall, if the nomination of any person to such office is confirmed by the Senate, be made by the President.

    Neither of the presidents presented himself to the Senate for vetting and clearance as enshrined in the Constitution. And all of them shunned defence, their field and what needed professional supervision for sweet crude. This made some people think that if Emefiele became president as he wanted, he may also make himself minister of petroleum as well as CBN governor.

    But when this trend first reared its ugly head, some conscientious Nigerians did not take it lying down. A group called the Niger Delta Democratic Union went to a Federal High Court, asking it to issue “an order directing President Obasanjo to appoint a Minister of Petroleum Resources under the mandatory provisions of the Petroleum Act Cap 350 Laws of the Federation of Nigeria, 1990 as amended.”

    Filed by Austin Ayowe and Dafe Chuks on behalf of the NDDU, the plaintiffs also sought “an order restraining President Obasanjo and the Petroleum Products Pricing Regulatory Authority (PPRA) from further exercising any function or powers of a minister of petroleum resources.”

    Even though the suit was struck out on 15 September 2004 by Stephen Adah, the presiding judge, who held that the applicants had no locus standi to file the suit, perhaps that case forced Obasanjo to appoint Daukoru as minister of state the next year.

    However, in November 2018, a Federal High Court in Abuja declared that President Muhammadu Buhari cannot legally double as the minister of petroleum resources.

    The court made the declaration while giving judgment in a suit filed in 2017 by the former president of the Nigerian Bar Association, Dr Olisa Agbakoba, SAN, who urged it to restrain Buhari from continuing to hold the office of the minister of petroleum resources, contending that Section 138 of the 1999 Constitution forbids the president from “holding any other executive office or paid employment.”

    We are quick to shout that Nigeria borrowed its system of governance from America, but tell me which American president was a secretary (minister) at the same time.

    Unfortunately for our nation, our leaders pick and choose according to what suits their purpose from the American system. The United States enacted the 1967 Anti-Nepotism law which forbids federal officials from employing family members into certain governmental positions and the cabinet. Can anyone mention that to recent Nigerian public officeholders? We have recently been regaled by stories of how even in the temple of justice, some senior judiciary figures make way for their children, wives and mistresses to become judges. It is the same in practically every segment of public service.

    We still have a long, long way to go before we can get it right. But the worrying question is: are we even willing to try?

  • Writers, Artists, Creativity and Smoking

    Writers, Artists, Creativity and Smoking

    In years past, it was common to see pictures of writers, artists, musicians and others involved in the creative industry swirled around by smoke, cigarette butts and, most especially, by smoking pipes. It was the iconoclastic portraiture of being creative.

    According to the myth, to be creative and talented you had to be a smoker and have a pipe planted between your lips or stick of cigarette between your fingers. I remember going through glossy magazines of those days and seeing pictures of writers, musicians and most creative souls that we admired then clutching fat sticks of cigarettes, cigars, or a ‘beautiful’ pipe dangling down their lips. It was the quintessential picture of creativity! It was as if you couldn’t be creative if you didn’t smoke or draw a pipe.

    It was common to see pictures of big and successful American writers such as William Faulkner sitting at their writing desks with a stick of cigarette dangling between his fingers, or a smoking pipe on the lips with smoke wafting around him in a study lined with books. Take a look at another page, you are confronted with the picture of the award-winning German writer Gunter Grass with a fat smoking pipe oozing out thick smoke. Where did all this come from? Of course, it was the illusion of the time to say great men and women had to smoke to be creative and successful.

    Everyone likes creativity and wishes to be listed among creative souls, so many were led into smoking with the power of advertising and using what advertisers call ‘testimonial variety’ where prominent artists, writers, figures etc are used to show that if you do as they do, you’ll turn out to be like them.

    The common advert of a rider on a horse galloping along riverbanks and oozing smoke following his trail was common. It was part of the fantasy and make-believe of the time. The life of a smoker as a successful entrepreneur, doctors and those in the medical profession were not exempted. When a doctor was confronted with a tough medical procedure to perform, he picked a stick of cigarette to ‘cool down or calm his never’ even with medical evidence that he knew staring him in the face that smoking was dangerous.

    Let me bring it back home a bit. Remember the common picture of that writer and iconic environmental campaigner the late Ken Saro-Wiwa with his pipe planted between his lips? It was perhaps his most prominent and often used picture in the media then. A subtle advertisement for the smoking industry that a prominent environmental campaigner and writer smoked the pipe! There was also that common one of Africa’s greatest writers and filmmakers Sembene Ousmane of Senegal, Syl Cheney-Coker, the Sierra Leonian poet and writer and their ever-present smoking pipes.

    Leaving the realm of writers, remember also how the film industry has been used to promote smoking as an act of courage or a way to ‘cool down or calm tension’. When an actor is faced with any troubling moment, what does he do next? He turns to light a stick of cigarette or pulls out his pipe and smokes.

    ollywood, the Indian movie industry and its Hollywood counterpart have for years made films with this fallacy. Many Nigerian youths have therefore fallen for this thinking it was something worthwhile. However, recent medical research has proven that smoking, rather than being ‘cool or calm’, has contributed to the spread of the smoking culture.

    For years this has been the narrative. Even doctors are not spared. The smoking trail has been glamourized as a way to solve pressing problems. However, it has become clear now that these are not really the issues because as the saying goes, cutting off the head is not a solution to a headache!

    The medium of film has been used by the tobacco industry to push the smoking agenda. The cinema just like any form of art is a very powerful propaganda tool. It is therefore important to focus attention on this sector to curb the spread of smoking in society. The youth who are mostly fans of the cinema are impressionable and must be protected from this undue influence hence the need for the Smoke-free Nollywood campaign.

    The campaign is aimed at working with film writers, producers, directors and all those in the industry to stop the glamorisation of this vice and focus on better messages in their films. The art sector is a powerful tool of mobilisation and it is important to use this medium rightly.

    Dr. Oyegbile, an award-winning journalist, playwright and short story writer, is a Fellow of the World Health Organisation (WHO) in Public Health Reporting and the American Cancer Society (ACS). Until recently, Oyegbile was Deputy Editor, The Nation on Sunday. He can be reached via yinka2005@gmail.com

  • Looted Funds and Nigeria’s Public Accountability Gaps

    Looted Funds and Nigeria’s Public Accountability Gaps

    Nigeria lately has been lucky, though, for the wrong reasons. Money has metaphorically been falling from the sky when the nation is in severe economic distress and needs every dollar to meet her obligations.

    First, it was the series of Abacha loots. From the United States alone, approximately $332.4 million were recovered. Between March 2021 and May 2022, €6,324,627 was recovered from foreign countries, according to the former Justice Minister, Abubakar Malami.

    This is among recoveries from other countries. The latest is from unknown persons and unidentified sources in Jersey, a Channel Island.

    The funds worth $8.9m are believed to be proceeds of corruption disguised as government-sanctioned contracts in 2014 for arms purchases but diverted to shell companies.

    The silent heist in Nigeria is not executed with masks and guns but with pens and deceit. The nation is robbed of her promise with the bleeding dry of public funds.

    In the dance of corruption, Nigeria’s public funds are the unwilling partner, waltzing away from the grasp of those who need it the most. The key actors are those we entrust with our commonwealth.

    Though these alleged looted funds, though  were never declared missing  before being recovered now,  raise a lot of fundamental questions and concerns about our public finance management and accounting systems.

    To the best of my knowledge, our government has never declared any fund missing, our auditors never raised any red flags about some money that cannot be traced, and nobody has been prosecuted on account of public funds traced to foreign countries.

    Since there is no justification for this kind of unaccounted fund that escaped our public finance gatekeepers and National Assembly oversight, the proper inferences  to draw are ; there is a failure of our public finance management system, official fraud, or we are simply a criminal enterprise posing as a responsible Sovereign.

    This issue is not peculiar to Nigeria though. The United States, the bastion of democracy and policeman of transparency, once invited Ernst and Young to audit the Pentagon as its Department of Defence is called.

    The auditor, mid-way into the exercise, concluded that the financial records of the Pentagon were riddled with irregularities to the extent that a reliable audit was simply impossible. However, the US case is a different context; some funds were untraceable, leading to significant changes.

    The Nigerian case is hard to understand. Almost all recovered looted funds can be traced to government officials under the guise of legitimate transactions but end up in private accounts abroad.

    Yet nobody is punished, not even the civil servants who are the enablers and the contractors who serve as conduits are called to account.

    Each time news of discovery or recovery of looted fund breaks , we are happy. However, the  painful realisation that each recovered loot speaks to the gaps in our governance accounting and audit reporting system is yet to dawn on us.

    The brazenness with which  government actors loot  public funds, inspired by the conviction  that there will be no consequences, erases any hope of a pause in official corruption.

    Lack of effective internal control, non-tracking of financial transactions, absence of proper and regular audit trails, and weak oversight have combined to rub us of any sense of financial discipline and responsibility.

    This explains why no alarm or red flag is ever raised about the misuse of public funds. The criminal prosecution of  the immediate past Accountant General of the country, whose office administered the state treasury, for alleged fraud depicts the depth into which we sank in official corruption.

    Failure of governance often goes hand in hand with corruption and lack of accountability. Nigeria’s weak institutions and governance structures generally lead to a lack of stability and hinder the government’s ability to address corruption and public theft issues effectively.

    This theft of public funds and failure of governance have had severe consequences for Nigeria’s social and economic development. It has resulted in enduring poverty, inadequate public services, a weakened economy, and a loss of public trust in government.

    Another peculiar thing about Nigeria’s official corruption ring is that no tangible effort has been made to address the gaps in the public accounting value chain and our procurement regime and execution monitoring frameworks that serve as enablers.

    It sends the signal that it is an embedded culture that is generally acceptable. This is a big dent in our reputation and a significant negative in requesting assistance from multilateral agencies and the global community.

    It ought to concern our government that it is the vigilance of other nations financial systems that has helped in the recovery of vast sums of looted funds from Nigeria. There is an urgent need to bring our financial systems surveillance in line with international best practices.

    Like  elsewhere, the theft of public funds in Nigeria  is a betrayal of the dreams of our people, a crime that shackles progress and strangles the hopes of a nation.

    Theft of public funds in Nigeria isn’t just an economic crime; it is a theft of education, healthcare, and infrastructure, leaving the people to pay the price for the greed of a few.

    When public funds vanish into the shadows of corruption, the light of opportunity dims for every Nigerian. We must stand united against the theft that darkens our collective future.

    Nigerian citizens who are supposed to be victims of looted funds are either indifferent or complicit by default. Citizens’ activism and demand for accountability on institutions and government officials and a more open government is almost non-existent. Tolerance for corrupt government officials is relatively high for various reasons.

    Theft of public funds and failure of governance are serious issues that can have significant consequences for a society. Addressing the theft of public funds and failure of governance requires a holistic approach that involves legal, institutional, and societal changes. It is an ongoing process requiring sustained efforts from domestic and international stakeholders.

    We must overhaul our financial management systems and procedures to track and monitor public funds at every stage. We must deepen the adoption of technology for financial transactions and reporting. Government must embrace digital technologies and e-governance initiatives to minimise the manual handling of funds management, reduce corruption opportunities, and enhance transparency and efficiency in public service delivery. This is more important not only to checkmate the continuous looting of public funds but also to stop the re-stealing of the recovered stolen funds from abroad.

    We must strengthen our anti-corruption institutions, such as the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

    These institutions must ensure that existing anti-corruption laws are rigorously enforced. This includes prosecuting individuals involved in corrupt practices regardless of their status or influence.

    The government must demonstrate a strong political will at the highest levels of government to stop the theft of public funds at all levels of government. Leaders must set an example of integrity and accountability, creating a culture of transparency throughout the government.

    They must strengthen internal and external auditing processes to ensure a thorough examination of government expenditures. Independent audit bodies can be crucial in identifying irregularities and holding officials accountable.

    The government must establish effective mechanisms to recover stolen assets domestically and continuously through international cooperation. This includes cooperation and collaboration with the international community, international institutions, and other countries to trace and repatriate funds from abroad, share best practices, receive technical assistance, and coordinate efforts against transnational corruption.

    We must adopt a multi-dimensional and multi-stakeholder engagement approach to make any meaningful improvement in tackling public funds theft. Civil society organisations, the media, and the public must actively monitor government activities and expose corrupt practices.

    This can help create a checks-and-balances system. Citizen activism, advocacy, and public awareness campaigns can help shed light on corrupt practices and push for necessary reforms.

    The return of looted funds is not just a financial recovery but a wake-up call to take necessary steps towards rebuilding Nigeria’s integrity, public sector financial control mechanism, audit reforms and securing a brighter future for all Nigerians.

    As looted funds find their way back to Nigeria, it is a testament to the global commitment against corruption. We must ensure these resources are invested in projects that benefit the people and strengthen the nation. Repatriating looted funds is more than a legal process; it is a moral imperative. Nigerians are watching and will hold the government accountable for using these funds.

  • Tobacco: Celebrating 20 Years Of Death And Diseases?

    Tobacco: Celebrating 20 Years Of Death And Diseases?

    Notwithstanding the heavy toll of cigarettes and other deadly nicotine products on consumers, the tobacco industry continues to employ duplicitous tactics to further undermine public health efforts and carry on business as usual. The Tobacco Industry Interference Index 2023, published by Pan-African watchdog Corporate Accountability and Public Participation Africa (CAPPA) with support from Bloomberg Philanthropies
    through the Centre for Good Governance, unveils a range of such deceptive tactics adopted by the industry.

    They include leveraging corporate social responsibility activities to launder its image and utilizing misleading harm reduction arguments to masquerade as public health advocates and infiltrate critical policy discussions.

    On the one hand, faced with irrefutable scientific evidence, the industry reluctantly admits the deadly harm of its products and professes an ironic willingness to reduce the harm in newer products, and comply with tobacco control laws.

    On the other hand, it actively engages in notoriously devious conduct that contradicts its confessions.
    This much is evidenced in a recent case in point epitomizing the industry’s underhand approach of circumventing advertising and promotion restrictions imposed by Nigeria’s National Tobacco Control Act 2015 and the National Tobacco Control Regulations 2019.
    Imagine celebrating 20 years of manufacturing the world’s leading cause of preventable death: tobacco and other nicotine products.

    Notwithstanding the heavy toll of cigarettes and other deadly nicotine products on consumers, the tobacco industry continues to employ duplicitous tactics to further undermine public health efforts and carry on business as usual. The Tobacco Industry Interference Index 2023, published by Pan-African watchdog Corporate Accountability and Public Participation Africa (CAPPA) with support from Bloomberg Philanthropies
    through the Centre for Good Governance, unveils a range of such deceptive tactics adopted by the industry.

    They include leveraging corporate social responsibility activities to launder its image and utilizing misleading harm reduction arguments to masquerade as public health advocates and infiltrate critical policy discussions.

    On the one hand, faced with irrefutable scientific evidence, the industry reluctantly admits the deadly harm of its products and professes an ironic willingness to reduce the harm in newer products, and comply with tobacco control laws.

    On the other hand, it actively engages in notoriously devious conduct that contradicts its confessions.
    This much is evidenced in a recent case in point epitomizing the industry’s underhand approach of circumventing advertising and promotion restrictions imposed by Nigeria’s National Tobacco Control Act 2015 and the National Tobacco Control Regulations 2019.
    Imagine celebrating 20 years of manufacturing the world’s leading cause of preventable death: tobacco and other nicotine products.

    A 2021 research conducted by the Centre for the Study of Economies of Africa (CSEA) underscores the gravity of this issue, revealing that tobacco smoking is responsible for 28, 876 of annual deaths in Nigeria.

    The CSEA’s research further found that the direct costs of treating these smoking-related diseases amount to N526.45 billion each year, which was equivalent to 0.36 percent of the Nigerian GDP in 2019, and 9.63 percent of the country’s annual healthcare spending, placing a substantial burden on Nigeria’s healthcare system and economy.

    Chronic obstructive pulmonary disease (COPD) was identified as the top cause of smoking-attributable mortality, followed by ischemic heart disease, stroke, passive smoking, lower respiratory tract infection, and cardiovascular deaths of non-ischemic causes. Adding up productivity losses due to illness, early deaths and informal caregivers, tobacco-related diseases represented 0.44 per cent of the GDP in 2019, according to the CSEA study.

    Another study on the estimated benefits of increasing cigarette prices through taxation on the burden of disease, published in 2022 in the PLOS ONE journal, found that tobacco’s total economic burden accounts for ₦634 billion annually, considering direct treatment costs, productivity losses (due to early mortality and disability) and informal caregiving cost.

    It added that in Nigeria, the tax revenue generated by the sale of cigarettes (and other tobacco products) was around ₦36 billion in 2019, which covered only 6.9 percent of the direct medical costs of smoking, or 5.7 percent of the total financial burden.

    As for the environmental sustainability of manufacturing cigarettes, the public and regulators may want to bear in mind that Nigeria is Africa’s second highest contributor to the $26 billion global costs of environmental pollution caused by plastics in cigarette butts and packaging every year, according to data analysed by the African Tobacco Control Alliance (ATCA).

    The ATCA’s conclusion, as contained in a statement issued last year, followed its analysis of research findings by the Global Centre for Good Governance in Tobacco Control, published in the Tobacco Control journal.

    The analysis found that African countries with the highest smoking rate contribute the most to the cigarette filter pollution costs, estimated at $26b annually or $186 billion every 10 years-adjusted for inflation-in waste management and marine ecosystem damage worldwide. These countries include South Africa, followed by Nigeria, Sudan, Mozambique, Kenya, and Ethiopia

    Yet, despite the grave consequences and impacts of its operations on public health and the environment, the industry continues to award itself accolades, while craftily sidestepping its obligations to national tobacco control laws.

    ‘‘Whilst Nigeria’s National Tobacco Control Act and its Regulations have largely checked the activities of tobacco corporations and entities, the industry has exploited some weaknesses in these laws and gaps in the system to interfere in tobacco control,” said CAPPA’s Executive Director, Akinbode Oluwafemi.

    One such tactic, Akinbode noted, “is the tobacco industry’s cunning use and loud celebration of its CSR activities in the media and public to whitewash its image, thereby creating a façade of responsibility and desirability. These initiatives, often endorsed, lauded by, and executed in collaboration with state authorities, further entrench the industry’s influence, undermining public health campaigns.’’

    Aside the negative health and environmental impacts of the tobacco industry in Nigeria, one also notes an interesting observation concerning BATN’s proclaimed contribution to empowering local communities.
    The corporation touted its Ibadan factory’s “exceptional value delivery to the Nigerian economy, the environment, and the communities it serves.”

    However, this claim finds little to no echo among the tobacco-growing communities in the Oke-Ogun axis of Oyo State, which purportedly benefit from the factory’s operations.

    During a field visit undertaken by CAPPA last May, as part of its monitoring activities leading up to World No Tobacco Day 2023, tobacco farmers from Ilu Oke, Ilero and Iseyin, Oke-Ogun area, recounted how BATN had allegedly ceased purchasing their tobacco, citing heavy government taxation as reason for their withdrawal.

    These farmers, who had devoted years to cultivating tobacco, articulated their struggles in pivoting to alternative agricultural ventures after years of tobacco farming, and without enough support. Their testimonies also flagged the absence of the tobacco giant’s sourcing offices in the region, indicating perhaps a strategic decommissioning of the corporation’s procurement belt.

    BATN also claimed that its Ibadan factory has facilitated the export of its products to “11 countries in the West and Central Africa region, and more recently, to the United States of America thereby placing made-in-Nigeria products on the global stage”

    However, if the testimonies of retired tobacco farmers in Oyo State are to be considered, this raises a significant question: If BATN is not purchasing tobacco from its immediate community—which hosts the largest concentration of tobacco farms and growers in Nigeria—where then is the company sourcing the commodity it processes, sells and exports?

    Unsurprisingly, tobacco control advocates and groups in the country have continued to urge the Nigerian government to not only investigate Export Expansion Grants (EEG) and benefits unduly awarded to tobacco companies but also provide substantial support to farmers in their transition from tobacco farming to other crops required to sustain and nourish public health.

    As evidence shows and the World Health Organization (WHO) emphasizes, tobacco consumption remains the leading cause of preventable deaths worldwide. Now, more than ever, the Nigerian government must fully commit to implementing and enforcing public health rules.

    This includes reviewing ambiguities in tobacco control laws to effectively prevent the tobacco industry from compromising public health and governance.

    Dr. Oyegbile, an award-winning journalist and playwright, is a Fellow of the World Health Organisation (WHO) in Public Health Reporting and the American Cancer Society (ACS). Until recently, Oyegbile was Deputy Editor, The Nation on Sunday. He can be reached via yinka2005@gmail.com.

  • Herbert Wigwe: The Things Yet Unsaid

    Herbert Wigwe: The Things Yet Unsaid

    Clean-shaven, suave, upwardly mobile, and incurably optimistic ,Herbert Onyewumbu Wigwe (HOW) was one of the most recognisable figures in the banking space and corporate Nigeria. His official biography could only be written by him. But I hope his example can inspire and influence us. Accurately describing Herbert in one word can be compared to explaining the mystery of centuries in a few words or a wild goose chase. It is a nuanced and complex process.

    He was an extraordinary businessman who died alongside his wife and son in the United States of America under exceptional circumstances. His tragic and sudden departure reverberated beyond our shores. But who was Herbert Wigwe? I can only answer this question from the narrow prism of my friendship and many encounters with him.

    Herbert and I were members of the same local church assembly, and I witnessed his dedication to spirituality, good works, and commitment to church growth. It is easy to explain because of his solid Christian foundation. Herbert’s father, Elder Shyngle Wigwe, is a pastor in the Redeemed Christian Church of God. Herbert was a man of prayer, which he complemented with a ruthless work ethic. He attributed all his successes to God’s blessings.

    Both of us are from Rivers State, and we had many sessions on how best to fix the politics of Rivers and, by extension, improve the State’s development trajectory. Herbert was utterly detached from politics but had deep insight into political manoeuvrings. We debated the affairs of Rivers State and the country, and he baffled me with the precision with which he predicted the outcome of political contests. He would quickly tell you that his political party is Nigeria and no other.

    His passion for Nigeria was simply unwavering. Only a few persons can match his faith in Nigeria. He firmly believed that he would impart society by using businesses to provide solutions to society’s needs and create wealth that would touch the lives of many. He was unapologetically capitalist, in the proper sense of it, and he lived his life using capital to solve many societies’ needs, such as creating employment, paying taxes, providing lots of charity, and investing heavily in world-class university education. He used capital as an instrument for socio-cultural upliftment across Africa.

    Herbert was a man of bold dreams and obsessed with excellence while making room for unavoidable mistakes. Herbert never gave up on any bold dream, no matter the odds. He rode the waves of challenges and was filled with the spirit of hard work, dedication, and strokes of ingenuity. He had bold dreams in all ramifications, and this was self-evident. First, as a young banker, he teamed up with his friend and partner to acquire “a distressed bank”, rated number 89 then, and turn it around in two decades to become one of the top five banks, with an assets base of over N20.9 trillion, is phenomenal. Herbert, as CEO, set out to build an Access Bank with the vision of becoming the gateway to Africa and the world’s most respected African bank. With a presence in more than 13 African countries plus a footprint in other continents, Access Bank was working towards realising this vision. Second, Wigwe University, which Herbert personally referred to as the “Future Harvard University of Africa”, was another extraordinary, bold dream. He set out to build the best University in Africa, investing $500m in the initial set-up. You do not need further testament that he was a man of bold dreams.

    An entrepreneur extraordinaire, his mystique was his ability to sniff out opportunities where others see none, multiplied by the fact that he was one of the most persistent persons I know when going after opportunities. He mentored many budding entrepreneurs, top managers, and top academics in entrepreneurship. Apart from his well-known flagship, Access Bank, he was active in other financial services, construction, oil and gas, aviation, film, and music, and, most recently, the education sector. He made a star success of all his multiple business pursuits.

    Herbert’s hidden strength was his ability to connect with people of all classes and cadres, accompanied by a related instinct to simplify complex things in the most basic way. His mastery of Rivers’ version of Pidgin English could only equal his fluency in Queens English. He was among the few successful people referred to as the “original old Port Harcourt boy”. Another strength of his was his courageous, daring, patient, and persistent nature, which added to his relentless ambition to accomplish exceptional things. This attracted to him friends and foes in equal measure.

    His philanthropic work in the Herbert Wigwe Foundation, which he founded in 2016, focused on youth empowerment, health, arts, and education. This focus on youth development was central to his mentoring, given his strong belief in the importance of the youth in the development of Nigeria and Africa. He was an art enthusiast and contributed to art development in the country. As the art connoisseur he was, his collection reflected his passion for excellence, diversity, and social purpose. The HOW foundation extensively supported many healthcare projects for the downtrodden among us. His charity works were unique because he loathed publicity about it.

    Herbert’s enduring legacy is the power of vision, bold dreams, courage, and determination to pursue it and rally people to accomplish the objective. This is what we need to improve in our public space. History has shown that bold dreams have the power to transform societies. He was exceptionally enterprising and entrepreneurial.

    Listening to Herbert talk about his vision was to find yourself in the oasis of inspiration. He genuinely believed that there was nothing you fixed your mind on that you could not accomplish. He had bold dreams for the banking sector, tertiary education, the oil  and gas industry and most importantly society.

    What lessons can we learn from him? Herbert epitomised a life of passion, dedication, resilience, and boldness in achieving grand personal and societal visions. He was bold in setting out great goals and pursuing them relentlessly until he reached them. He proves that an unexamined life is not worth living. To achieve greatness and impact on society maximally, one must be purposeful, bold, and patient. Herbert’s hidden strengths prepared him for an eventful life – a life he lived on his terms. His ability to connect with people, courage, daring attitude, ambition, and excellent work ethic are the ingredients of his success and must be emulated. Peter Drucker posits, “The best way to predict the future is to create it.” Herbert created his future and lived it to the full of those he loved.
    For our budding entrepreneurs, Herbert left a legacy. He proved the axiomatic expression true: “Entrepreneurship is living a few years of your life like most people won’t so that you can spend the rest of your life like most people can’t.” He made the needed sacrifices at the start of his entrepreneurship and built capital enough to be reckoned among his contemporaries. Steve Jobs posits that “your work will fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work.”

    Herbeth did outstanding work; the only way to do great work is to love what you do. Success is not just a product of luck. Hard work, knowledge, skills, and integrity underpin it. Thomas Jefferson argued, “The harder I work, the more luck I seem to have.” Herbert worked hard enough to be lucky. He had an eye for greatness. It is little wonder he set great goals for himself.

    John Rockefeller advised that one should not be “afraid to give up the good to go for the great.” Both in banking and establishing a University, Herbert went for greatness and achieved it. We should do the same. As a business and community leader, Herbert understood that the function of leadership is to produce more leaders, not more followers. He created leaders of industries and global advocates of responsible capitalism in the 21st century.

    My friend and brother Herbert lived like a candle in the wind. His star burned so brightly but ended so shortly. Greatness in life is not measured in how long one lives but in the impact of one’s life on society. Herbert lived, and he conquered. Adieu, my great visioner!