Opinion
ABBA KYARI AND THE TALE OF TWO CRIMINAL JURISDICTIONS
Mike Ozekhome
INTRODUCTION
Let us today deal with SuperCop, Abba Kyari and the tale of two jurisdictions conundrum. This is a serious constitutional, legal and political quandary matter.
BACKGROUND TO US’s APPLICATION FOR THE SURRENDER OF ABBA KYARI
The Diplomatic Representative of the U.S. Embassy in Abuja had made a request for the surrender of 46 year old Abba Alhaji Kyari, over the pending charges against Abba Kyari in the US. This request is allegedly based on the relationship of Kyari with Ramon Olorunwa Abbas, a 37 year old self-confessed international fraudster, popularly known as Hushpuppi. Hushpuppi had alleged that he bribed Abba Kyari to arrest and jail Kelly Chibuzor Vincent, one of his rivals in Nigeria, following a dispute over a $1.1 million scam on a Qatari business man. Kyari had denied any wrongdoing.
THEN NDLEA APPEARED ON THE SCENE
While on suspension over his role in the Hushpuppi’s case, Abba Kyari was arrested by the NDLEA in an alleged 17.5kg cocaine deal and allegedly tampering with 25kg worth of cocaine. As investigation into the said NDLEA case was ongoing, Kyari applied for his bail on health grounds. The NDLEA then secured a court order for further detention of Kyari and 6 others for 14 days. Indeed, immediately the Attorney-General of the Federation, Abubakar Malami, okayed Kyari’s extradition, NDLEA suddenly slapped an eight count charge on him before the Federal High Court, Abuja. Was this a mere coincidence? Are some top level persons working hard to stall Kyari’s extradition for fear he may be squeezed and made to squeal when he gets to the US? Can the ongoing investigation, subsisting court remand order and fresh charge stall the extradition of Abba Kyari to the United States of America? This is the kernel of our discourse today and next week.
WHAT IS EXTRADITION?
Extradition is a process by which a person accused or convicted of a crime is officially transferred to the State where the person is either wanted for trial or required to serve a sentence after being duly convicted by a court of law.
NIGERIA HAS EXTRADITION TREATY WITH THE USA
Nigeria has an extradition agreement with the USA by virtue of an Extradition Treaty signed between the UK and the US, dated the 22nd December, 1931. The Treaty came into force on 24th June, 1935. By virtue of Article 16 of the Treaty, it was made applicable to all British protectorates of which Nigeria was one. Article 16 of the Treaty provides:
“This Treaty shall apply in the same manner as if they were Possessions of His Britannic Majesty to the following British Protectorates, that is to say, the Bechuanaland Protectorate, Gambia Protectorate, Kenya Protectorate, Nigeria Protectorate, Northern Rhodesia, Northern Territories of the Gold Coast, Nyasaland, Sierra Leone Protectorate, Solomon Islands Protectorate, Somaliland Protectorate, Swaziland, Uganda Protectorate and Zanzibar, and to the following territories in respect of which a mandate on behalf of the League of Nations has been accepted by His Britannic Majesty, that is to say, Cameroons under British mandate, Togoland under British mandate, and the Tanganyika Territory.”
By Article 1 of the treaty, the contracting parties agreed to deliver up to each other (under certain circumstances and conditions), persons who, being accused or convicted of any of the crimes or offences enumerated in Article 3, committed within the jurisdiction of the one Party, are found within the territory of the other Party. There are 27 offences enumerated in Article 3. The crimes which touch on the substance of this article are the 18th and the 22nd: Obtaining money by false pretences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained and the offering, giving or receiving of bribes respectively. Some elements of the offence for which Abba Kyari was declared wanted in the United States of America include obtaining money/assets through fraudulent means.
By Article 4 of the treaty, extradition shall not take place if the subject has already been tried and discharged or punished for the offences over which he or she is wanted.
Article 5 states that extradition shall not take place if, after the commission of the offence or filing of criminal charges or conviction, exemption from prosecution was acquired by lapse of time according to the laws of the two countries involved.
By Article 6 of the Treaty, a fugitive criminal shall not be surrendered for extradition if the offence for which his extradition is sought is of a political nature, or if the subject could prove that the demand for the extradition was made in order to punish him for an offence of a political nature.
Article 9 of the treaty states that extradition shall only take place if the evidence is found to be sufficient according to the laws of the contracting party applied to, to justify the committal of the prisoner for trial, in case the crime or offence had been committed in the territory of such High Contracting Party. In the case of ANUEBUNWA v. A.G., it was held that:
“The whole essence of an extradition proceeding … is for the Applicant to establish by credible evidence, that is by producing to the judge in the case of a fugitive criminal accused of an offence claimed to be an extradition offence, a warrant issued outside Nigeria authorizing the arrest of the fugitive.”
Two doctrines come into play when the extradition of a person is sought. There is the first- the doctrine of ‘Specialty’ or ‘Specialty Doctrine’. This doctrine requires that a person whose extradition is sought can only be tried for the crime for which his extradition was requested, and none other. Upon surrender of a fugitive, by a state where he sought refuge, the requesting state must only prosecute and convict such a person simply for the very crime for which his extradition was requested and for none other offence committed before the surrender of such fugitive. In the US case of States V. Raucher (119 U.S. 407, 7S.Ct. 234, 30 L.Ed. 425(1886)), the court held that an accused shall not be arrested or tried for any other offence other than that for which he was charged in the extradition proceedings. In a situation where a state prosecutes a fugitive for an offence other than that which the fugitive was extradited, it will be tantamount to an abuse of the principles of extradition.
The second doctrine is the doctrine of ‘Double Criminality’. It states that before a person can be extradited for an offence, such extradition offence or the offence for which a person’s extradition is sought, must constitute an offence or crime in both jurisdictions. In the case of Collins V. Loisel (259 U.S. 309, 42 S.Ct. 49, 66L.Ed.956 (1922)), the American Supreme Court held that the name by which the crime is described in the two countries need not be the same; nor must the punishment be the same. The requirement of double criminality is simply met if the particular act charged is criminal in both jurisdictions.
RESTRICTIONS ON THE SURRENDER OF FUGITIVES
NIGERIA’S EXTRADITION ACT
The Extradition Act, Cap E. 25, LFN, 2004, is the Act regulating the extradition of fugitive offenders/criminals in Nigeria. A “fugitive criminal” is defined in Section 21 of the Extradition Act as:
a. “Any person accused of an extradition offence committed within the jurisdiction of a country other than Nigeria; or
b. Any person, who, having been convicted of an extradition offence in a country other than Nigeria, is unlawfully at large before the expiration of a sentence imposed on him for that offence, being in either case a person who is, or is suspected of being, in Nigeria.”
Where an extradition request has been received by the Attorney General, he is obliged to decide (on available information), if the surrender is precluded by any of the provisions of section 3(1) to (7) of the Act. If the surrender of a fugitive criminal is not so precluded, he is to inform a magistrate that an extradition request has been received by him and thus require the magistrate to deal with the case in accordance with the provisions of the Act. However, where the extradition of a fugitive criminal is so precluded by Section 3(1) to (7), then he need not inform the magistrate of the receipt of any such request (Section 6 (2)).
In the case of George Udeozor V. Federal Republic of Nigeria (2007) LPELR-CA/L/376/05, the court held:
“Nothing in the Act gives the court the powers to question the discretion of the Hon. Attorney General in those matters, as the Hon. Attorney General exercises his constitutional duty under section 174 of the 1999 constitution.”
However, the Attorney General may, under section 8 (3), if he thinks fit, order the warrant cancelled and the fugitive released, if already arrested. Where a fugitive has been arrested, he shall, under section 8 (5) be brought before a magistrate as soon as is feasible and the magistrate shall either remand him in custody or grant him bail, depending on the receipt of an order from the Attorney-General. This order shall notify the Magistrate that a request for the fugitive’s surrender has been received; or give an order for the cancellation of the warrant and the release of the fugitive.
IMPLICATIONS OF THE NIGERIA-US TREATY AGREEMENT
Nigeria and the US have an existing Extradition Agreement for the surrender of persons wanted for prosecution or punishment. Section 3 of the Extradition Act stipulates instances where a person will not be surrendered for prosecution or punishment, notwithstanding the application for surrender by a foreign country. According to Section 3 of the said Act, a fugitive criminal shall not be surrendered if the Attorney-General or a court dealing with the case is satisfied that the offence in respect of which his surrender is sought is an offence of a political character; or that the request for his surrender, although purporting to be made in respect of an extradition Crime, was in fact made for the purpose of prosecuting or punishing him on account of his race; religion, nationality or political opinions or was otherwise not made in good faith or in the interests of justice; or that, if surrendered, he is likely to be prejudiced at his trial, or to be punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.
A fugitive criminal shall also not be surrendered if the Attorney-General or a court dealing with the case is satisfied that the offence is of a trivial nature; or that due to the passage of time since the commission, of the offence, it would, be unjust or oppressive, or be too severe a punishment, to surrender the offender.
A fugitive criminal shall also not be surrendered if the Attorney-General or a court dealing with the case is satisfied that, whether in Nigeria or elsewhere, such fugitive has been convicted of the offence for which his surrender is sought; or has been acquitted thereof, and that, he is not unlawfully at large.
Similarly, a fugitive criminal shall also not be surrendered if criminal proceedings are pending against him in Nigeria for the offence for which his surrender is sought.
In the same vein, by virtue section 3(6) of the Act, a fugitive who has been charged with an offence under the laws of Nigeria or any part thereof, not being the offence for which his surrender is sought, or who is serving a sentence imposed in respect of any such offence by a court in Nigeria, shall not be surrendered until such time as he has been discharged whether by acquittal: or on the expiration of his sentence or otherwise.
The last two scenarios pointed above are apposite in Abba Kyari’s case. He is now standing trial under the NDLEA criminal charge. The extradition request must therefore await the outcome of this trial by the Federal High Court, Abuja.
A fugitive criminal shall also not be Surrendered to any country unless the Attorney-General is satisfied that provision is made by the law of that country, or that special arrangements have been made, such that, so long as the fugitive has not had a reasonable opportunity of returning to Nigeria, he will not be detained or tried in that country for any offence committed before his surrender other than any extradition offence which may be proved by the facts on which his surrender is granted. Has Abubakar Malami ensured this? Let him tell Nigerians if the US may not try Abba Kyari for another offence different from his alleged offence with Hushpuppi.
THE EXTRADITION HEARING
If at the end of thirty days from the day of the arrest, no
order was received from the Attorney General, the fugitive offender must be released. There must be a hearing in order to determine if the fugitive ought to be extradited or otherwise. The magistrate is free to receive evidence that proves that the offence for which the fugitive is wanted is not an extradition offence; or any evidence that proves that his extradition is prohibited either under the act or under any relevant extradition agreement. The Court in Udeozor V. FRN, (supra), in stating the purpose of a hearing in extradition proceedings held thus:
“The purpose of a hearing which is in fact purely at the discretion of the Attorney General is not to ask the fugitive criminal if he desires to be extradited. That will be ridiculous. The purpose is to determine whether the requisition made shows sufficient cause to warrant extradition… to hold otherwise will be ridiculous…… “The purpose of the hearing in a trial court upon the application Hon. Attorney General is not for the trial of the fugitive criminal. Rather, it is to invoke the exercise of the judicial powers of the court over the fugitive accused as the court would over an accused person standing trial before it. In the circumstance, those powers are preliminary to the eventual trial of the fugitive accused, such as the power to remand or to release on bail pending the completion of investigation. It is not a criminal trial but a preliminary to such trial which shall take place where the offences are alleged to have been committed.”
HOW EXTRADITION REQUEST IS MADE
By virtue of Section 6(1) of the Extradition Act of Nigeria, a request for the surrender of a fugitive criminal in Nigeria must be made in writing to the Attorney General of the federation by a diplomatic representative of the requesting state and this should be accompanied by a duly authenticated warrant of arrest in the case of a fugitive criminal accused of an extraditable offence; and where the fugitive has been convicted of an extraditable offence, the written request must be accompanied by certificate of conviction issued in the requesting country. It should be noted that the essence of attaching a warrant of arrest or a certificate of conviction is to prevent frivolous requests that have no basis supporting the request. It is also important as it helps to prove that there exist sufficient facts necessitating the request for extradition. Where an extradition request has been received by the Attorney General, it is required that on the basis of the information available to him, he is obliged to decide if the surrender is precluded by any of the provisions of Section 3(1) to (8) for the refusal of extradition request. The Magistrate, under section 8 has powers to remand the fugitive, or grant him bail; or cancel a warrant and release a fugitive; as if he was trying the fugitive for an offence committed within his jurisdiction.
Consequently, if the surrender of a fugitive criminal is not precluded by the provisions of that section, he is to inform a magistrate that an extradition request has been received by him and thus require the magistrate to deal with the case in accordance with the provisions of the Act. However, where the extradition of a fugitive criminal is precluded by the provisions of section 3(1) to (7), then he need not inform the magistrate of the receipt of any such request.
From the above provisions, it is fundamental to note that the authority conferred on the Attorney General to determine if an application is competent in relation to section 3 cannot be contested. It is only when the request has been transferred to the magistrate that the judicial process of inquiring into the case and the competence of the request can be begin. However, where the Attorney General decides that the request is precluded by section 3, then nothing can be done about it. It must be reiterated that in the process of extradition, the powers of the Attorney General are wide; but limited once he approaches a Magistrate, who thereby become dominus litis.
THE PENDING NDLEA CHARGE AND ABBA KYARI: THE NEXUS
Abba Kyari NDLEA’s pending charge before the Federal High Court has definitely put the whole extradition process on hold if the court decides to remand him pending the determination of the suit against him.
It is also important to emphasis that while the matter is pending in court, Abba Kyari is pressumed innocent until proven guilty as contained in Section 36 (5) provides that:”every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty”.
This is also sanctioned by Article 1(1) of the UDHR, 1948; Article 14 of the International Convention on Civil and Political Rights, 1966; and Article 7(b) of the African Charter on Human and Peoples’ Rights Cap A9, LFN, 2004. Presumption of innocence is the golden thread that runs through our criminal justice system. See the case of The King v. Richardson & Anor (1985) Leach 387; Woolmington v. DPP (1935) AC- 462; Ali v. State (2012) 190 NWLR (Pt 1309) 642;
Even if the Federal High Court were to give its judgment against Abba Kyari, he is still entitled to appeal such a judgment at the Court of Appeal, and even further to the Supreme Court.
Section 3(6) of the Extradition Act makes it clear that a fugitive criminal who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence for which his surrender is sought, shall not be surrendered until such time as he has been discharged whether by acquittal or on the expiration of his sentence or otherwise. As stated above, the NDLEA has filed an eight count charge against Abba Kyari and six others for their alleged involvement in drug trafficking, barely 24 hours after the Attorney-General filed an application for the extradition of Kyari. It is important to note that Abubakar Malami, SAN, the Attorney-General of the Federation, is also the Minister of Justice. By virtue of Section 2(1) (f) of the NDLEA ACT, the Federal Ministry of Justice, headed by Abubakar Malami, SAN, has a representative in the Board/composition of the NDLEA. So, now that he is aware of the NDLEA charge, can the Chief Law Officer of the Federation consent to the prosecution of someone whose application for extradition is pending? What is the legal implication of this?
The case of A.G FED v. JONES (2017) LPELR-43551(CA), is worth considering. Though, the case was decided under Section 3(5) of the Extradition Act, some key observations made by the learned Justices of the Court of Appeal are worth noting. The Appellant (A.G. Fed) had filed an application before the trial court seeking to extradite the Respondent on a diplomatic request from the United States of America on indictment, in Case No.11-CR0299, filed on the 28th day of April, 2011, for the offences of conspiracy to commit wired fraud and conspiracy to commit identity theft all in violation of US Laws. The Application was duly supported by an affidavit and exhibits, which inter alia, included a certified true copy of the indictment issued against the Respondents; certified true copy of the warrant of arrest issued by the US District Court for the arrest of the Respondent; and a photograph of the Respondent. The Respondent contested the proceedings, contending that the application was incompetent because as at the time of the application, there was an existing charge at the Akure High Court on charges similar to those he was being sought to be extradited to face in the United States of America. The Appellant contended that as at the time the application for extradition was ripe for hearing, the existing charge had already been withdrawn. The trial Court disagreed and found against the Appellant and discharged the Respondent.
The Appellant being dissatisfied with the judgment filed an appeal in the Court of Appeal. The Court of Appeal was emphatic that the main thrust of the appeal failed. It was consequently dismissed. Abimbola Osarugue Obaseki-Adejumo, JCA, concurring with the lead judgment, held at page 26, that:
“… The provision of Section 3(5) of the Extradition Act is clear and unambiguous. It states: “A fugitive criminal shall not be surrendered if criminal proceedings are pending against him in Nigeria for the offence for which his surrender is sought.” It is obvious from the above provision that no extradition proceedings shall be brought against a fugitive criminal when there is a pending criminal proceedings against him. In the instant appeal, it is evident that the Appellant failed and/or neglected to comply with the mandatory provision of the statute.”
Regarding the uncoordinated role the Attorney-General played with the EFCC, Yargata Byenchit Nimpar, J.C.A. (delivering the Lead judgment) held that:
“The issue is not the timely withdrawal of the pending charges because the statutory requirement is that no proceedings should be pending when the application for extradition is made. The point of filing the application a decision was taken by the Attorney General to want to surrender the fugitive. The Appellant is wrong to think that it is only at the point of surrender that Section 3 (5) comes into play. It is activated on the filing of an application for extradition. The Attorney General would have decided on extraditing a fugitive before filing the application. The section applies in this case. The simple expectation is that the prosecuting authorities should work in a coordinated fashion complimenting themselves and not to be at cross purposes. The EFCC was already prosecuting the Respondent on charges similar to those he was being sought to be extradited to face in the United States of America and the simple thing would have been some sort of coordination by the EFCC and the office of the Attorney General of the Federation so that whatever was pending should be withdrawn before the filing of the application or the office of the Attorney to ensure that no proceedings were pending before filing the application. This was not done.”
As is provided in Section 3(6) of the Extradition Act and in line with the above judgment, a person such as Abba Kyari, who is charged with any offence not being the offence for which his surrender is sought, shall not be surrendered until such time as he has been discharged, whether by acquittal or on the expiration of his sentence or otherwise. The statutory requirement is that no extradition proceedings for Kyari’s surrender should be going on until such time as he has either been discharged acquitted or convicted. By his actions, the Attorney-General of the Federation appears to be stalling, tacitly, the extradition of Abba Kyari, by allowing or consenting to the prosecution of Kyari for his alleged involvement in drug trafficking simultaneously as the pendency of an application for his extradition by the same Attorney-General. Since the court will assume jurisdiction on the criminal matter the moment Kyari is arraigned and his plea taken, the Attorney-General of the Federation still has the time to quietly back-off before the criminal court assumes jurisdiction and await the court’s decision. It is more honourable to do so.
By Hamza Lamisi
No doubt that one of the expected big game Changers of the 10th National Assembly, particularly the Senate, is the emergence of a vocal voice who ran one of the country’s most persecuted election campaigns in Nigeria’s history. From the feminine gender in a male dominated political ecosystem to being transracial in a highly conservative District; a Christian in Muslim-saturated bargain table of stakeholders, from being single to inter-tribally married in a natively and culturally republic Ebira Land. Not only to contest in a struggling opposition party but to face the most ruthless Chief Security Officer of her State, from her District.
The odds were obviously too many but Senator Natasha Akpoti-Uduaghan upturned the guess – defeating the threatening ruling party and emerging the first female Senator Kogi State ever produced. She defined the turning point of Kogi Central’s representation in Nigeria’s bicameral Parliament. Unlike her colleagues from Kogi State who rode on the backing of the number one citizen of the State, Senator Natasha’s road to the red Chambers was never paved, it was a tough and rough journey of determination, persistence, unwavering dedication and commitment to a dream held in trust for the people.
She walked through the storms and she is shaped by the lessons – to remain bold, assertive, unbroken, unbeaten and unbowed by any circumstance, because only by struggle and perseverance freedom comes. Not unaware of the systemic dialogue, lobby and collaboration but Senator Natasha would not do so at the expense or in exchange of the People’s trust and mandate for which she swore oath to protect.
Stepping into the Senate as a survivor of election and litigation battles, and looking back to the unwavering support and uncommon trust of Kogi people and Nigerians by extension, notwithstanding already some months behind her fellow law makers, Senator Natasha was prepared to have the end justify the means. Barely 16 months from the very day of her swearing-in till date, Senator Natasha’s contributions and impact in the 10th Senate have left many wonder if she was a first time Senator or one elected from the minority opposition. Most popular and best performing member of the current National Assembly.
Just within one year in office, Senator Natasha Akpoti-Uduaghan lit 30 kilometers of road networks across Kogi Central with over 2,000 solar powered streetlights. Over 1,300 women and youth were trained and empowered by the law maker. Senator Natasha has supported the tuition fee of over 353 vulnerable indigenous students at tertiary institutions nationwide. She has faciliated federal employment opportunities for various graduates and facilitate capacity building trainings and empowerment for many others.
She brought a reliable supply of portable water to Kogi Central communities with 12 water reticulation projects with each being a massive 50,000-liter solar-powered motorized water system, which serves 300 locations and provides, 1,800 fetching taps.
To draw legislation closer to the grassroot, Senator Natasha engaged 100 constituency aides both men and women across the 57 wards in Kogi Central. She has distributed 12 trucks of grains, 10, 000 wrappers for women, 20,000 notebooks, 5,000 school bags and reconstructed and remodeled Abdul Aziz Attah Memorial College Okene (AAAMCO), Okene to smart school.
Within one year in office, Senator Natasha has attracted employments in both federal agencies and private organizations to over 30 graduates from her constituency.
Ihima community has been without police station for the past 7 years, Senator Natasha embarked on total reconstruction of Ihima Police Station which was commissioned by the Inspector-General of Police, Kayode Egbetokun.
Senator Natasha distributed 4 trucks of fertilizers totalling 2,400 bags of NPK and Urea fertilizers to Kogi Central farmers. Free Business CAC registration of 2,500 SMEs. She has empowered Kogi Central students from 12 selected tertiary institutions across Nigeria with multipurpose business cart and start up fund.
Commissioned six constituency offices in the five LGAs to make government closer to the people. Senator Natasha has sponsored two motions and two bills including the bill for the establishment of Nigeria Gold Reserve, the bill for the establishment of Ihima Federal Medical Centre, motion to investigate alleged corruption and inefficiency in Ajaokuta Company Ltd and National Iron Ore Mining Company, NIOMCO amongst other.
Senator Natasha has provided 5,000 digital learning devices to both public primary and secondary schools in Kogi Central.
For her magical achievements in office and accelerated development and impact her constituency has witnessed, Senator Natasha has received and even turned down several prestigious awards. She emerged Senator of the year 2024 which is her first year in office as Senator.
Achieving these feats in less than 16 months as a first time Senator and one from the minority party and from Kogi Central, one may wonder what could be the Achilles’ Heels of Senator Natasha Akpoti-Uduaghan in the 10th Senate and why the persecution by supposed colleagues in the Chambers. Is there a question of loyalty to individual rather than institution? Is it her performance record or her dedication to the business of legislation rather than playing the cheap political cards around the leadership of the Senate? Is it her idea of universal development of Nigeria rather than regional? After all, every Senator is of the Federal Republic Nigeria and should think and act so.
We may ask further; is anyone being threatened by her uncommon pace? Is there a question of envy or jealousy among her colleagues? Do they expect Senator Natasha to be one step behind, considering the enormity of the task on her shoulders as Senator from an already underrepresented District in the past? Is there a fear that Senator Natasha may reveal to Nigerians what is due to them from their representatives across boards? We may have more to ask than provide answers.
Meanwhile, Senator Natasha is a more than equal to the task of addressing the challenges that come with standing out in an uncommon manner. She is not one to be taught the difference between ‘diplomacy and cold slavery’ or ‘breach of rules and violation of right’. Nobody can silence her or box her to a corner of the Senate. Beyond her voice and impact over the years as an ordinary citizen, the people have been her greatest strength and she can only get more strengthed by any attempt to silence her.
Nigerians know how rare it is to have a NATASHA among the current crop of leaders and they are obviously making sure she is protected against bully, intimidation or harassment in the Senate. The dream is of the people, by the people and for the people, and so the mandate too.
By Professor Mike Ozekhome, SAN, CON, OFR, LL.D.
I have carefully read and listened to former Nigerian military president, General Ibrahim
Badamosi Babagida’s public remorse and regrets over the atrocious annulment of the June
12,1993 presidential elections. He did this 32 whopping years later. I want to very quickly say
that it takes a man with strong guts and balls and a man who has become repentant, born
again and has seen the face of God to publicly recant his earlier wrongful deeds and offer
public apology to the entire nation. This was no doubt meant to heal gapinng wounds and
balm wounded and bruised hearts.
The polls, the best, most transparent and credible elections, ever held in Nigeria till date,
were meant to end decades of military d The annulment threw Nigeria into turmoil and
widespread unreast, protests, maimings and killings. This forced Babagida to “step aside”;
the enthronenent of the Enest Shonekan’s Interim Government; and the arrest and detention
of Chief Moshood Abiola, the presumed winner who later died in Aso Villa in questionable
and suspicious circumstances. Of course, General Sani Abacha who was his second in
command later sacked Shonekan in a bloodless coup. For years, IBB prevaricated on the
annulment, claiming he did it in the best national interest. But on Thursday the 21st of
February, 2025,Babangida during the presentation of his memoirs, “A journey In Service”,
pointedly regretted in the public: “I regret June 12. I accept full responsibility for the
decisions taken and June 12 happened under my watch. Mistakes, missteps happened
in quick succession. That accident of history is most regrettable. The nation is entitled
to expect my expression of regret “. And wait for it:: he acknowledged for the first time that
Abiola won the elections fair and square, trouncing his major opponent, Alhaji Bashir Tofa.
I want to salute Babagida for having the courage and humility to own up like a man; that
everything that happened during the June 12 crisis took place under him as the head of state
and the president who was also the Commander-in-Chief of the Armed Forces of the Federal
Republic of Nigeria. I salute him for acknowledging that his government which actually
organised unarguably the freest, fairest and most credible elections in the electoral history
of Nigeria when it introduced option A4 from electoral books that were hithenlrto unknown
to Nigeria or to the world. But unfortunately, regrettably like he now admits, he again turned
around to annul the same elections in a way that was most bizarre, curious and unnatural.
To me, that he has come out to open up to doing something wrong and egregious to a
bleeding nation should be appreciated. I believe that Nigerians should forgive him because
to err is human and to forgive is divine ( Eph 4:32 ). I personally have now forgiven him
because I was also a victim of the June12 crisis. It threw up all manners of challenges to me
as a person, where in my very youthful age; in my thirties, I found myself marching on the
streets of Lagos every day- from Ikeja bus stop roundabout, to Ikorodu road; up to Tejuosho
market; from there to Ojuelegba, Surulere; to Mushin; to Shomolu and Igando, Alimosho.
Everyday, we were on the streets, protesting the mindless annulment. Some of us were killed
in process; some were lucky enough to escape abroad on self exile. But some of us- very few
indeed- refused to flee our dear country; we stayed back. We stared at the military eyeball to
eyeball. We challenge authority and spoke truth to power. We challenged impunity and
repression. I suffered several detentions across different detention centres. I virtually could
not find means of livelihood for my youthful family because I was profiled, my phones bugged
and no briefs were coming in. But I personally forgive him because it takes tons of guts to
make public confession of having erred and atone for same as he has now done.
It is confession that leads to penance and penance leads to restitution and then forgiveness.
If Babagida were to die today, I believe that he will see the face of God because he has prayed
God to forgive him; and he has prayed Nigerians to forgive him. Beyond that historic and
epochal mistake of the annulment of the June 12 election which constitutes his original sin,
let me place it on record that Babagida is one of the greatest presidents that Nigeria ever had
in terms of his ingenuity, rulership mantra; ideas for national resurgimento; ideas that
contributed greatly to nation-building. These were aside the IMF-induced loans and pills
which he introduced and which we again valiantly fought against successfully.
Babagida it was who gave birth to the Federal Capital Territory and laid the solid foundation for virtually everything you see there today. His government was peopled by intellectuals and
not by half illiterates and quacks. He recognized and used intellects. He was luminous and he built bridges of understanding, friendship and brotherhood across Nigeria. Nigerians,
please, accept IBB’s confession and forgive him his sin of annuling the June 12,1993
elections. Let the wounds heal; let the heart melt; and let the spirit of national triumphalism
prevail.
Festivals world over are the most popular forms of celebrations in human existence. Whether as religious, culture, sports, film, arts and other traditional practices, festivals are pivotal events that could involve millions of people in the case of the religion related across the globe annually or periodically. They are events that bring people together and are characterized with merriments, ceremonies, and a lot of other forms of fun and bonding.
Nigeria as a multi ethnic and diverse society with over 250 ethnic groups is enriched with various forms of festivals observed annually with those of religions most prominent with the celebrations by Muslims and Christians. Similarly, the traditional worshippers retain their own forms of festivals all depending on the tribes and the culture involved. Several among the religious and cultural festivals in Nigeria include Christmas the celebration of the birthday of Jesus Christ, the Easter that heralds lent and the resurrection of Jesus after death while Islam has Eid-el Kabir and Eid El-fitri which is breaking of Ramadan fasting. At the level of culture and tradition there other festivals that comes to mind that includes Argungu fishing festival in Kebbi state, the new yam festival predominantly among the Ibo speaking tribes, Durbar festival, Calabar Carnival, Osun festival, Ojude Oba festival, Igue festival among the Benin people of Edo state, Oro festival, Osun festival, Sango festival, Egungun festival all among the Yoruba people, New Yam festival, Eyo festival popular among the people of Lagos Island in Lagos state and so on.
Durbar Festival
The word Durbar is traced to Persian and is connected with the ceremony marking the installation of Queen Victoria as the Express of Colonial India in 1877 while the word have been pronounced and propounded as “darbar” with dar meaning door and bar meaning entry or audience in Hindi-Urdu. In Nigeria, Durbar is a treasured cultural horse riding and display festival majorly among the Hausa people of the northern Nigeria to mark the Islamic holidays of Eid-el- Fitri [end of Ramadan} and Eid-el-Adha [the feast of the lamb]. The over 400 years old practice is said to have been introduced by Sarki Muhammadu Rumfa of Kano in the late 14th century as military parade and display when horses were used in battles to defend and protect the Emirate and also the opportunity to pay homage and demonstrate loyalty to the emir. It is also part of demonstration to showcase the readiness of the palace troops for battles and to also celebrate important political events. Available information has it that the first major Durbar in the country took place on the 1st of January, 1900 as part of the celebration to mark the transition of the Royal Niger Company to an imperial Protectorate.
Also known as horse ride festival it is worthy of note that horses and to some extent camels played prominent roles in the growth and developments of the today prominent Nigeria cities like Kano, Katsina, Zaria, Sokoto and Bida. In the 14th century before the sojourn of Christopher Columbus, aside being used during conquest and in battlefields under the command of the Madawaki who leads cavalry of horsemen with their horses loaded with various weapons, horses were used mostly for commercial activities particularly the trans Sahara trade expansion with items like salt, gold and farm produces.
Ceremonies
The activities and ceremonies involves “Hawan sallah” in Hausa language {meaning Mount of Eid} which in essence connotes the mounting of horse during the Eid or sallah celebration. The ceremonies begin with prayers at Eid grounds followed with parade of the Emir and his entourage on horses followed with drummers and trumpeters with the movement ending at the Emir’s palace. The parade includes hundreds of beautifully decorated horses with nobles in their best clothes followed by musicians and magicians all in a long procession in distinctive turbans {Rawani} clearly indicating their nobility and social status through streets to pay homage to the Emir. Other special attractions particularly in Kano Durbar which is acclaimed to possess the biggest parade of colouful horses in the world, include the display by the “hyena man” who carries out street performance with trained animals like hyenas and baboons which create a lot of excitements and entertainment for the hundreds of crowd in attendance.
The procession of the strictly male event showcases participants dressed in flamboyant turbans and robes with modes indicating their royal linage. Kano Durbar for example is four day event that commences with Hawan sallah on the day of Eid followed by the day 2 and most popular for its entertainment and glamour Hawan Daushe for the special visitation of the Emir and his colourful entourage to his mother in her domain. The display of various entertainers including magicians, drummers, dancers, stunt men and masquerades attract and witness the attendance and spectators across the globe. The other two days are for Hawan Nassarawa and finally Hawan Doriya which are both continuous aspects for merriment during the festival.
The Emir’s return from his mother’s visitation on the day 2 {Hawan Daushe} is followed by The Jahi that sees the him and his entourage ride through various important historical quarters and families before returning to the palace. On arrival the Emir in a military manner takes position to receive salutes and traditional greetings from the cavalry of riders along with the various district heads, their families and entourage in order of hierarchy. This is followed by the demonstration of loyalty and gallantry by all the riders and spectators present. After the homage and performances, [The Jahi] the palace guards take positions and fire several gunshots to signal the closure and end of the day and most important aspect of the four day festival.
Durbar festival has become annual festival celebrated across cities Northern Muslim dominated cities of Nigeria like Kano, Katsina, Sokoto, Zaria and Bida and was extended to Ilorin in Kwara state during Eid el-fitri and Eid El-Adha. Generally speaking, the Durbar festival is not just the most population cultural heritage of the Hausa people of the northern Nigeria and major parts of Niger republic but it is festival that unite and bring the people together to celebrate their unique historical and cultural heritage.
Durbar festival recently has witnessed more activities like car racing and other fun fairs that attract sons and daughters of Hausa decent, visitors and tourist annually to places like Kano, Katsina and Zaria. The glamour, popularity and attractions of Durbar particularly the Kano Durbar festival over the years, led to the recognition of the festival as one of the Intangible Cultural Heritage of Humanity by the UNESCO in in December 17, 2024. This laudable and significant achievement in the nation’s cultural heritage exemplified the extent to which the festival has become popular to the people and the role it places towards unifying the people through their rich cultural heritage. During the presentation of the UNESCO certificate, by the Permanent Delegation of Nigeria to UNESCO to the Minister of Art, Culture, Tourism and Creative Economy Barr. Hannatu Musawa, opined that the great achievement does “not only celebrates the beauty and unity of the festival but also creates opportunities for the preservation and promotion of cultural heritage. The country’s representative at the UNESCO in addition stated that “Having the Kano Durbar on the UNESCO list is a huge milestone for Nigeria” while the Minister in her view remarked that “the recognitions bring both international prestige and tangible benefits to the local economy”.
In comparison, while Ujude Oba yet another similar festival of the Ijebu people of Ogun state in Western Nigeria, entails the participation of both male and female across various age groups as part of the big sallah [Eid-edha] celebration of the Muslim faithful. While both festivals identify or are associated with royalty, palace events and horse riding, durbar is strictly a male show and more of an horse riding festival while the practice is just an aspect of horse riding is just an aspect of Ojude Oba festival.
It is hope that the recent drive by the present administration leverages on the recent recognition of Durbar by the UNESCO to create more awareness through wider media coverage with a view of boosting general interest and tourist attractions which shall cascade or stimulate growth of the sector and also serve as source revenue to the governments across all levels.
Abdulkareem A. Ikharo.
Curator [NCMM].
Abuja.
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