Opinion
Are INEC Resident Commissioners Homeless Bats?
By Chief Mike Ozekhome, SAN, OFR, FCIArb, LL.M, Ph.D,
I watched and listened very carefully to my good friend, Chief Festus Okoye, INEC’s cerebral Commissioner for Information and Voter Education, on his recent Channels television interview. I completely disagree with his take and analysis of the place and space of the Resident Electoral Commissioner (REC) in the organogram and scheme of things concerning the electoral process in Nigeria. His analysis, which literally dismissed the RECs with a wave of the hand in a most cavalier manner, if swallowed hook, line and sinker, has the dangerous effect of not only completely defanging RECs and rendering their electoral efforts at the grassroots state levels completely useless, but also of creating avoidable turmoil and schism within INEC itself, as one homogeneous and independent family unit. It can also have the unintended consequence of self-immolation which can self-destruct. It amounts,in my humble view, to saying that the RECs who are constitutionally created across the 36 states of Nigeria, simultaneously and indeed under the same sections with INEC Chairman and the 12 National Commissioners that Okoye harped on, are no more than mere appendages to INEC headquarters, and therefore toothless bulldogs and amoebic bats that neither belong to the animal kingdom, nor to the birds kingdom.
If RECs’ monitoring and conduct of elections at state level levels can be whimsically and capriciously discarded because, according to Okoye, they are mere delegates of the national body of INEC that comprises only of the Chairman and 12 members, then one must ask why the Constitution created them at all in the first place? Can the human anatomical body be whole simply by having a head and stomach alone, without the brain, limbs, eyes, ears, tongue and nose? I think not. How come, if we were to follow Okoye’s argument to its logical conclusion, that a mere witlow suffered by a person on his tiny thumb ,keeps the person’s entire body in pains, agony, pangs and sleeplessness throughout the night?
SOME LEGAL ANLYSIS
Section 153 (1) (f) of the 1999 Constitution as amended provides for the establishment of certain federal bodies, including INEC.
By virtue of section 153 (2) thereof, the “composition” and powers of the bodies established in section 153 (1) above ( which includes INEC ) , are as contained in part 1 of the 3rd Schedule to the Constitution.
Now, Paragraph 14 (1) of the said 3rd Schedule clearly provides that:
“INEC shall comprise the following members –
(a) Chairman, who shall be the Chief Electoral Commissioner;
(b) Twelve other members to be known as National Electoral Commissioners …”.
However, the same paragraph 14 , but under subsection (2), immediately provides for the establishment of the office of the Resident Electoral Commissioner ( REC ) in each state of the Federation and the Federal Capital Territory, Abuja. There are 36 states of Nigeria by virtue of section 2(3) of the Constitution. Without these states, there is no sovereign entity by the name ” Nigeria”.
WHO THEN IS A MEMBER OF INEC?
The answer as regards membership of INEC can be found in section 153 (2) of the Constitution. It provides that the composition and powers of the Commission are as contained in part 1 of the 3rd Schedule.
“Composition”, by definition according to page 207 of the Webster’s Ninth New Collegiate Dictionary, simply means, “the manner in which something is composed”. “composed of” is itself defined at page 286 of the Black’s Law Dictionary,Centennial edition, as,”formed of; consisting of”.
Even the New Webster’s Dictionary of English Language (International Edition), at page 200, also defines “composition” as meaning “content with respect to constituent elements”. To be sure, the word “constituent”, according to page 207 of the Webster’s Ninth New Collegiate Dictionary, means “essential part; component, element”; or “serving to form, compose or make up a unit or whole”.
It is therefore crystal clear and beyond disputation ( except for those who may want to engage in bannal intellectual mastutbation ) that the word “composition” as deployed in section 153 (2) of the Constitution regarding the membership of INEC simply means nothing beyond the aggregation of those bodies established under section 153(1). Only this meaning logically accords with the clear words and phrases used in all the definitions above stated.
Let us see them once more:
“essential part; component elements’’; or, “serving to form, compose or make up a unit or whole”; or “formed of; “consisting of”; or “content with respect to constituent elements”.
The next question that agitates the mind is, what then is “member”, and how do we demonstrate that the meaning of “composition” as used in section 153 (2) simply means membership of INEC?
“Member”, says page 740 of Webster’s Ninth collegiate Dictionary, simply means “one of the individuals composing a group”; or “ a constituent part of the whole”. Also, “member”, according to the
Black’s Law Dictionary, Centennial edition, on the other hand, means “one of the persons constituting a family, partnership, association, corporation, guild, court, legislation or the like”.
Thus, exactly the same words are employed in all the dictionaries cited above to define the two words, “compose” and “member”. What this translates to is that the words, “composition” and “membership”,are not mutually exclusive, but can be used interchangeably to mean the same thing.
By simple analytical deduction, when section 153 (2) of the Constitution speaks of the composition of INEC being as defined in part 1 of the 3rd Schedule to the Constitution, what the section is simply saying is that the membership of INEC shall be as contained in the said part 1 of the 3rd Schedule.By extension, and when stated slightly differently, the persons mentioned in the said part 1 of the 3rd Schedule relating to INEC are also all members of the INEC, notwithstanding that the word “member”, has not been specifically used therein. Membership and composition are therefore synonyms that can be used interchangeably here.
For the avoidance of doubt, paragraph 14 (1) of part 1 of the 3rd Schedule to the Constitution used the word “member” with respect to Chairman and 12 National Commissioners. However, subsection 2 of the same paragraph 14 went ahead to frontallly make provisions for the establishment of the position of REC in each state of the Federation and the FCT. How then can it be reasonably argued that the same schedule 14 which recognizes not only the Chairman and the 12 National Commissioners , but also the same RECs of 36 states and the FCT, can decide to accord recognition to, and ascribe duties to the former alone, whilst excluding the latter?
It simply does not add up, both in realms of law, logic, morality and constitutionalism.
My humble take therefore, is that the Chairman of INEC, the 12 National Commissioner and the 37 RECs are all members of the same INEC family; no more, no less.None is a child of bastardy. None suffers from any form of dubious or questionable pedigree. This is more so as their existence draws life from the same oxygen freely donated by the same paragraph 14, with one falling under subsection(1) and the other under subsection (2), within same part 1 of the 3rd Schedule to the 1999 Constitution, which clearly provides for the “composition” of INEC.
To deny this is to deny that six is the same thing as half a dozen and that Hamlet is the Prince of Denmark.It will thus amount to the greatest illogicality and delusional fallacy of all times to argue that RECs whilst being constitutionally recognized to “compose” or form the “composition” of the INEC, are at the same time denied of being “members” of the same INEC. It will amount to giving power and recognition with the left hand, and at the same time simultaneously snatching same back with the right hand. Such will not make any common, thematic, logical, legal, grammatical or constitutional or sense.
In further support of this my humble argument is section 8 of the old Electoral Act of 2010, as amended, which provides for the staff of INEC without including the office of the REC. Yet, RECs carried out their duties effectively under the Act until the 2022 Act . The question will then be this: what are RECs under the Electoral Act if they are not constitutionally recognised as members of INEC and also not recognized as staff of INEC? Are they bats; haemophrodites, that do not belong to any class? Why then should they be recognized at all in the first case in the Constitution ? Why not simply allow the Chairman and the 12 National Commissioners be all-in-all, the beginning and the end ,of INEC? RECs,it is submitted, are not mere disposable committee of persons which INEC can simply appoint and arbitrarily dispense with under section 7 of the 2010 Electoral Act. Why does the Constitution which provides for the offices of the President and state Governors also provide for the positions of Ministers and Commissioners if the latter were not important or necessary to our polity?
It will be recalled that Okoye had rightly, on 9th July, 2022, reassured Nigerians that “in line with its constitutional and legal obligations, the Commission deployed monitors to the various constituencies and received reports of such exercise…the Commission stands by the monitoring received from our state offices”. Why will INEC now ignore these reports which emanated from the very RECs who are physically on ground? Is it no longer the owner of a house that knows where the yam and knife are kept? Is it a total stranger ( the visiting INEC Commissioners and officials) who will know the terrain better and what took place before, during and after the primarily? Can you have an Army General without foot soldiers? I think not. Or,do you?
What is INEC’s reply, for example, to the glaring anomaly in Kano state, where the REC, Professor Riskwua, told the whole world that the only governorship primary INEC office monitored in Kano had produced Mohammed Sani Abacha, but with the APC leadership and INEC headquarters arbitrarily changing it to one Ambassador Wali? Yet, this was an election monitored in the full glare of the whole world amidst television cameras and the print and social media.
Why will INEC be accepting from political parties, names of persons who did not undergo statutory primaries monitored by its state officials any officials and headed by the RECs, and instead, accept compromised results that lack electoral integrity from political parties, on primaries that were never conducted, and where conducted, were never monitored by its state RECs and officials?
These worrisome scenarios are already playing out in many states across Nigeria, including Oyo, Sokoto, Ogun, Kano, Bayelsa, Akwa Ibom and Abia, amongst others.
How come,for example, that of the 26 candidates of the ruling APC that emerged from valid primaries duly conducted and monitored by INEC Akwa Ibom state INEC office headed by the REC, Mr Mike Igini, only two names were extracted and accepted from the entire report by INEC headquarters?
Whatever happens to section 29(1) of the Electoral Act which gives INEC teeth that only ” candidates that emerged from valid primary ” shall be submitted to INEC by political parties for publication? Why will INEC be shying away from, and abdicating the the statutory powers and duties generously imposed by section 84(1) of the Electoral Act, to compulsorily monitor party primaries; and section 84(13) thereof, to reject names of persons submitted by political parties that fail to comply with the provisions of the Act as regards such primaries? I cannot understand. Or, can you?
CONCLUSION
I will conclude this my little contribution as follows. It is crystal clear, per adventure, that the appointment, duration and termination of offices of RECs, including those of INEC Chairman and the 12 National Commissioners, ( all of whom form part of Federal bodies established under section 153 (1) of the Constitution ), are respectively provided for in sections 154 and 155(1) and (2) of the Constitution. This provision applies with equal force to the Chairman, National Commissioners and all RECs. No difference could have been contemplated when no other section of the Constitution provides separately for RECs. Even disqualification criteria for membership of INEC is the same under section 156 for both RECs, the Chairman and the 12 National Commissioners. The same scenario plays out in the mode of removal of members of INEC and other federal bodies from office, under section 157(1). This is by the “President acting on an address supported by 2/3 majority of the Senate praying that he so be removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct”. My humble submission here is that since the Constitution has not made any other provision regarding the mode of removal of RECs, it goes without saying that section 157 (1) also applies to them with equal force, since their office is also a constitutional creation.
Indeed section 6 of the 2022 Electoral Act also replicated Section 157 (1) of the Constitution specifically for RECs.
I further humbly submit that it is simply no argument that paragraph 14 (1) of the 3rd Schedule used the word “membership” to refer to only the Chairman and the other 12 National Commissioners only, since section 153 (2) of the same Constitution has already used the all encompassing word of “composition”, to cover all. As luminously held in the case of OGBEBOR V. DANJUMA & ORS (2003) 15 NWLR (pt. 843) 403 @ 425, a schedule to an Act cannot override,be superior to, or detract from, the substantive provisions of the Statute itself. That will amount to the tail wagging the dog.
It is thus submitted that whichever way it is viewed, the RECs of the 36 states and the FCT, are all constitutional members of INEC and saddled with specific duties which the INEC headquarters cannot usurp at will. They are the Commission ‘s eyes on the ground and know where the roof leaks.The Constitution says so. No person or Act of the National Assembly can derogate or subtract from this truism, by virtue of section 1(3) of the 1999 Constitution.
Opinion
The Hypocrisy of Power Game Between The North and South: The Time To Talk Is Now
The leadership of the Yoruba Council Worldwide (Igbimo Apapo Yoruba Lagbaye); the apex umbrella body for all Yoruba indigenous people globally is highly concerned about the recent devastating effects of the Northern quests and aggressive desperation for power ahead of 2027 or through any other irrational means before the ripe of time.
We are seriously concerned to witness all manners of unprecedented barrage of fireworks of incendiary rhetoric issued from different Northern elites as emanated from Prof Ango Abdullahi of the Northern Elders Forum seeking to call for an end of Nigeria based on the 100 years expiration of 1914 treaty after 10 years which lapsed in 2014.
To Alhaji Rabiu Musa Kwankanso’s crudity, unverified lies and tale of discords against the South: “Lagos colonising the North”, was his biased statements!
Hence, we must expressly express our dismay and disappointed on such insensitive rhetoric and by that laconically detest such an unflattering statement from chieftain of the New Nigeria Peoples Party (NNPP), Senator Rabiu Musa Kwankwaso, for intentionally misinforming and misleading Nigerians about President Tinubu’s Tax Reform Bills before the National Assembly.
Sadly enough, Alhaji Kwankwaso’s comments while addressing students of Skyline University during their convocation in Kano recently, demonstrated either a lack of understanding of the tax reforms or a deliberate attempt to politicize President Tinubu’s positive visionary and Renewed Hope initiative.
It is evident that Senator Kwankwaso is still grappling with the fallout from his abysmal performance in the 2023 presidential elections. This lingering disappointment seems to have influenced his repeated reliance on divisive rhetoric and unfounded accusations against the administration of President Tinubu.
While the 19 Northern States Emirs and Governors provokingly demanded their Senators and Reps to reject, end and fight the present Administration of President Bola Ahmed Tinubu’s tax reforms bill to a halt, in which one of the arrowheads: Senator Ali Ndume said the “TAX REFORM Bill is Dead on Arrival.”
Rather than engaging in constructive national dialogue or offering meaningful contributions to national development, Kwankwaso, Ali Ndume and other co-travellers appears to have chosen a path aimed at inciting division between the North and the South, and casting aspersions on initiatives being painstakingly designed to benefit all Nigerians.
Such actions are not only unhelpful but also risk undermining the unity and progress of the country at a critical time when inclusive leadership and national cohesion are paramount to stability, progress and prosperity of our dear nation.
President Bola Ahmed Tinubu’s tax reforms are a necessary steps toward addressing the economic challenges facing the country and ensuring equitable development for all Nigerians, including those in the north especially the President’s initiative to tackle the disproportionate distribution of revenues from the Value Added Tax to all 36 states of the Federation and the FCT.
In strongest term we are not oblivion of the ongoing despicable threats bothering on excessive interference and high powered conspiracies to disrupt and hijack power from the South with the systemic and surreptitious renewed onslaught recruitment of the former President Olusegun Obasanjo as one of centrifugal forces being radically committed through his offensive and disparaging statements being deliberately orchid in running the current Administration down by all means possible.
Moreso, as reflective of his self styled selfish act and hatred for Constituted authority, his megalomaniac inclination and inordinate ambitions against President Bola Ahmed Tinubu led government, especially having lost power through his proxy kid Peter Obi via the ballot in 2023 Presidential election.
We hereby warn former President Olusegun Obasanjo to refrain from making statements that is capable of undermining Nigeria’s unity, peace and progress.
While we reiterate and assert our absolute confidence, that the country is functioning effectively under President Bola Tinubu led Federal Government, though with some surmountable challenges, still as they postulated, peace is what matters and not a all manner of provocative statements within the polity, because there will be light at the end of the tunnel, God’s willing.
To set the record straight, hence, it is necessary to respond and react appropriately to Chief Obasanjo’s recent keynote address at the Chinua Achebe Leadership Forum at Yale University in Connecticut, USA.
Wherein in his address, Baba Obasanjo criticised Nigeria’s leadership, describing the country as being a failed state of “state capture” and urging Nigerians to prioritise credible leadership for the Independent National Electoral Commission (INEC) to ensure electoral integrity.
Regrettably, former President Olusegun Obasanjo’s language of the war on peace time is a disaster and unpatriotic move in calling for anarchy, which is quite an anathema to the status of an elder statesman in his referential eldership.
The vituperation of Chief Olusegun Obasanjo’s lecture or better defined as tantrums Talk show, as the Chief harbinger of our worsening state of hunger and hardship was full of energy to condemn the current Administration with utter hatred of his avowed “do or die” mentality that has been infamously reputed to be offensive disappointing and disgusting as the only salvo that can be fired from a despotic and totalitarian personality only found to be hypocritically and deceitfully projected himself as a true democrat.
It was in record how he levelled the land of Odi with deadly precision and mortality even without any Justice till date, he removed Dariye and Fayose through illegitimate means of declaration of state of emergency all because he lacked the receptive mind for criticism and tolerance.
Now we must reiterate and state emphatically in admonishing the Northern elites to think twice on their incendiary staments and spiral bombardment of attacks through sponsored protests, media adverts or careless statements as well as the links such as: the #EndBadGovernance which started by some Northern youths, that was latter aggravated further and taken over by the #DayofRage led by thier proxies.
Unfortunately, this furtive and clandestine motivated underwater currents are largely engendered and orchestrated towards a obvious suspected Northern quest and desperation for power by all means ahead of 2027 Presidential elections.
How do we rate a situation wherein throughout the 8 years tenure of the former President Muhammadu Buhari, the entire Northern elites do not consider ending Nigeria treaty of 1914 only to wake up at the 99th hour of a Southwest Presidency to rage all manners of brimstone?
Hence, we warn in strongest term that this premeditated plan and well marshalled evil agendas to cause disunity, mayhem and strive among the citizens must be stopped once and for all for the betterment of our dear nation.
We vehemently frowned at the spurious and unverified lies, especially devastating propaganda actions targeted at the minds of their Northern kinsmen and women to hate and wish the President dead, this we unequivocally resist and condemned in its entirety.
This hypocrisy must stop now, wherein we lost lots of our brave minds to unbearable brazing manipulations and desperation in the past; Chief Obafemi Awolowo and MKO Abiola are proven records of similar antecedents of Northern hypocrisy and Power mongering.
It is hightime we talk truth to ourselves at a National Confab after each regional dialogue on the way forward, for if the North continuously hold the cliché of the “North are born to rule” ideology at the expense of the South, that means the rest of us are meant to be treated as their “slaves”, that are not safe in this country.
Have we for ones queried why the Northern Nigeria has more political advantages compared to their Southern counterparts: More state Governors and State House of Assembly members and Speakers, local government Chairmen and counsellors, Senators and House of Representatives members and more Federal institutions and employment opportunities and placements to mention a few.
This was why the Northern elites are eager to shut the tax reform bill down through their Northern Senators if the bill is brought for deliberation without having a concise dialogue with the rest of us.
If the Southern tax regime money is good to construct good roads and railway line to Maradi Republic of Niger, why now that the tax reform which is the best for the country is being campaigned against brutally, using legitimate means to commit illegality.
It is high time we are all captured into the ongoing comprehensive tax system, wherein both the citizens in the Northern and Southern parts are taxed eqaully , while the need to undermine this great efforts of President Bola Ahmed Tinubu is highly condemned.
We are bold to say that the need and quests for power must be done with absolute decorum and human face.
2027 election should not end in Ethnic wars and civil strives, we can discuss No Holdbar on all issues of our Nationality without hurting ourselves.
In conclusion, we would not tolerate any capture of Power through coup or any other means of manipulations, or whatsoever in causing instability.
We use this medium to commiserate with the families of the late Chief of Army Staff, Lt. General Taoreed Lagbaja, while as a matter of necessity we call for a detailed investigation into his cause of death and other surrounding circumstances, which calls for concern having witnessed recent threats of coup.
We implore President Bola Ahmed Tinubu to remain steadfastly committed and focused on ensuring good governance to the greatest benefits of greatest numbers.
We have emphatically and unapologetically spoken!
Signed:
Prince Isaac Aderemi Ajibola,National Publicity Secretary, Yoruba Council Worldwide.
Opinion
Day Mamman Vatsa welcomed Ken Saro-Wiwa to his Abuja Village
By Tunde Olusunle
He reincarnated in the form of a cream coloured, two-storey building in the bosom of the boulder-braided, writers’ commune, in the rocky delight of Abuja’s Mpape district. His happy host, like him an erstwhile member of the tribe of wordmongers was despatched over a phantom putsch one decade before him. But he rolled out a carpet of dry laterite with the steady onset of northerly harmattan, to receive his new guest and kindred spirit. The air was sedate, the biosphere alluring and serene as his name echoed from the signage hoisted in front of the structure. This, henceforth, will be the haven of scribblers from across the globe desiring genuine solitude to commune with their muses in the very intricate venture of creative expression. Not too many of the young writers who enthusiastically witnessed the recent commissioning of the *Ken Saro-Wiwa International Writers Residency* in Abuja, however, knew enough about the martyr who was so canonised, nor the nexus between Ken Saro-Wiwa and his figurative “host,” Mamman Jiya Vatsa.
As part of the activities commemorating the 43rd International Convention of the Association of Nigerian Authors, (ANA), which held between Thursday October 31 and Saturday November 2, 2024, a newly built edifice christened after Saro-Wiwa, was scheduled for inauguration. Ken Saro-Wiwa remains one of Nigeria’s most multitasking and most productive writers of all time. He lived for only 54 years but left behind an authorial legacy which continues to challenge the prolificity of successor writers. Saro-Wiwa was a compelling novelist, an engaging essayist, a consummate poet, an arresting dramatist, and a fearless public scholar.
Regarded as Africa’s very first purpose-built writers village, the expansive hilltop project in Mpape, Abuja, was named after Vatsa, an army General who was a Minister of the Federal Capital Territory, (FCT), under the regime of Ibrahim Badamasi Babangida. Less than seven months into the Babangida milieu in March 5, 1986, Vatsa was executed by firing squad for alleged “treason associated with an abortive coup.” He was 45 at the time. I had the privilege of meeting Vatsa’s only surviving biological child, Aisha, at the “World Poetry Day 2024,” hosted in honour of her father in March 2024, at the same writers’ village. Vatsa was a writer who reportedly published about 20 anthologies of poetry. These include: *Verses for Nigerian State Capitals,* (1972); *Back Again at Wargate,* (1982); *Reach for the Skies,* (1984), and *Tori for Geti Bow leg and other Pidgin Poems,* (1985).
The renowned literary scholar, critic, polemicist and Emeritus Professor, Biodun Jeyifo, was perhaps the first notable intellectual to engage authoritatively with Vatsa’s works in the primordial *Guardian Literary Series, (GLS),* published by *The Guardian* newspapers of old, in the 1980s. The essay is published in *Perspectives on Nigerian Literature, (Volume 2, 1988),* edited by Yemi Ogunbiyi. Vatsa as FCT helmsman, it was, who allocated the generous swathes of hitherto pristine land with scenic views upon which the writers village is sited today. The complex is deservedly named after him in eternal gratitude by the writers fraternity.
Ken Saro-Wiwa was the fourth President of ANA. He succeeded the renowned dramatist and Emeritus Professor of theatre arts, Femi Osofisan, in 1990, and was a very energetic personality, famous for the tobacco pipe which was permanently seated on his lip, drawing parity with that of Ousmane Sembene, the famous Senegalese frontline African novelist and filmmaker. Saro-Wiwa had a multitasking career which saw him as a university lecturer in his earlier years; an administrator and public servant, and an environmental activist, at various times. He was leader of the *Movement for the Survival of the Ogoni People,* (MOSOP), which prosecuted a nonviolent campaign for the protection of Ogoni land and water resources from devastation by oil multinationals.
He backed up this enterprise with regular interventions in the public space as a writer and columnist for a number of authoritative newspapers. He consistently drew attention to the despoliation of the natural resources of his people and wrote regularly for *Vanguard* and *Sunday Times,* among other publications. He was a regular, long-staying guest of the gulags of successive military governments, through the administrations of Ibrahim Babangida and Sani Abacha. In 1994, he was arrested and charged with instigating the murders of four Ogoni leaders, May 4, 1994, on a day he was indeed barred from accessing Ogoniland. Saro-Wiwa and his eight “accomplices” were executed by hanging at the Port Harcourt prison where they were held and convicted, on November 10, 1995, exactly one month after his 54th birthday on October 10, 1995.
By some uncanny calendrical coincidence, the *Ken Saro-Wiwa International Writers Residency,* was inaugurated early November 2024, the very same month he was despatched 29 years ago in 1995. Global outrage trailed the killing of Saro-Wiwa and his compatriots, with the Commonwealth suspending Nigeria for three years, among other sanctions. The death of Sani Abacha in June 1998, the subsequent acceleration of processes which returned Nigeria to civilian rule by Abacha’s successor, Abdulsalami Abubakar, and the enthronement of the Fourth Republic in 1999, gradually tempered the world’s coldness towards Nigeria.
At least three dozen book titles are credited to Ken Saro-Wiwa’s name. These include novels, novellas, anthologies of poetry, plays for radio and television, memoirs and diaries, and so on. His works have received some international attention and have been translated into German, Dutch and French. His authorial oeuvre includes: *Tambari,* (a novel, 1973); *Tambari in Dukana,* (a sequel to *Tambari,* 1986); *A Bride for Mr B,* (a novella, 1983), and *Songs in a Time of War,* (poetry, 1985). Ken Saro-Wiwa also wrote *Sozaboy: A Novel in Rotten English,* (1985); *A Forest of Flowers,* (1986, short stories); *Prisoners of Jebs,* (a novel, 1988) and *Pita Dumbrok’s Prison,* (1991), which like the former is very biting political satire.
*On a Darkling Plain: An Account of the Nigerian Civil War,* (memoirs, 1989), a war which he witnessed firsthand, is also one of his very gripping works of prose. Saro-Wiwa’s public engagements are aggregated in several volumes of essays notably *Nigeria: The Brink of Disaster,* (1991); *Similia: Essays on Anomic Nigeria,* (1991) and *Genocide in Nigeria: The Ogoni Tragedy,* (1992). Even in his final days, weeks and months of his sojourn on this side of the divide, Saro-Wiwa “remained incredibly productive.” Posthumously, his family, foreign concerns and nongovernmental organisations continued to call-up manuscripts from his personal library to publish new works by him. A personal diary he kept while he was in incarceration before his eventual annihilation was published with the title *A Month and a Day: A Detention Diary,* in 1995. Over 20 years after his demise, some of his essays were assembled as *Silence would be Treason: Last Writings of Ken Saro-Wiwa,* and published by Daraja Press in Ottawa, Canada, in 2018.
The *Ken Saro-Wiwa International Writers Residency* is one of the first major physical projects delivered by the leadership of Usman Oladipo Akanbi. Fortuitously, Akanbi’s deputy, Obari Gomba, winner of the 2023 *NLNG Prize for Drama,* is from Saro-Wiwa’s Ogoni country. He must have felt gratified by the honour done his *countryman,* whose trajectory he followed as a much younger writer. The eventual breaking of the ice, the decisive commencement of the physical development of the hitherto forlorn and controversial expansive hectarage of ANA property was consummated under the leadership of Denja Abdullahi in 2017. Obi Asika, Director-General of the National Council for Arts and Culture, (NCAC), commissioned the *Ken Saro-Wiwa International Writers Residency.*
The ceremony was witnessed by an impressive array of writers, headlined by Emeritus Professors Osofisan and Olu Obafemi, both former Presidents of ANA, as well as Nuhu Yaqub, OFR. Yaqub holds the distinction of being the only Nigerian scholar thus far to have served as Vice Chancellor in two federal universities, those of Abuja and Sokoto. Other literary greats at the event and the main Convention included: Professors Shamshudeen Amali, OFR, former Vice Chancellor, University of Ilorin; Akachi Adimora-Ezeigbo; May Ifeoma Nwoye and Sunnie Ododo, all Fellows of the Nigerian Academy of Letters, (FNAL) and the Association of Nigerian Authors, (FANA).
There were also Professors Joe Ushie, a Member of ANA Board of Trustees; Emeka Aniagolu; Udenta Udenta; Maria Ajima; Al Bishak; Mabel Evwierhoma; Razinat Mohammed; Vicky Sylvester Molemodile and Mahfouz Adedimeji. Immediate past ANA President, Camillus Ukah, Emeritus diplomat and writer Ambassador Albert Omotayo, featured at the Convention. Canada-based writer, scholar and Professor, Nduka Otiono who served as General Secretary of the association under the leadership of Olu Obafemi, was admitted into the College of Fellows of the body. Chairman of the *Abuja Chapter of ANA,* Arc Chukwudi Eze, was the resident host with compelling responsibility to stay through all events.
Tunde Olusunle, PhD, Fellow of Association of Nigerian Authors, (FANA), teaches Creative Writing at the University of Abuja
Opinion
That ‘fake’ Sanwo-Olu vs EFCC suit: Whodunit? Who sponsored it?
By Ehichioya Ezomon
Strange things happen in Nigeria, one of the latest being a suit purportedly filed by Lagos State Governor Babajide Sanwo-Olu, to prevent the Economic and Financial Crimes Commission (EFCC) from investigating, arresting, detaining or prosecuting him or his aides after his eight-year tenure of office in 2027.
However, the Lagos Attorney General and Commissioner for Justice, Lawal Pedro (SAN), has debunked the widely-publicised suit, saying Sanwo-Olu neither sued nor authorised any legal practitioner to file a suit on his behalf concerning the matter, adding that the EFCC isn’t investigating the governor and hasn’t invited him or threatened to arrest any of his staff, domestic or otherwise.
The odder and curiouser angle to the alleged pre-emptive writ at the Federal High Court in Abuja is that it’s filed in June 2024, almost three years ahead of Sanwo-Olu’s terminal governance of Nigeria’s commercial capital, the richest State in the Federation, and the fifth largest economy in Africa as of 2022 GDP figures, which Sanwo-Olu’s pledged to advance further by 2027.
Thus, the suit is a new one on Nigerians, as the proverbial bridge is way too far off – 36 months to Sanwo-Olu’s end of tenure – to attempt to cross before getting there! Snapets from EFCC’s moves against outgoing governors are telegraphed a few months or weeks before they bow out of office, so giving them the jitters. They either begin to express being squeaky clean, alleging political witch-hunt or daring the EFCC to carry out its threat to make them account for their stewardship.
Since democracy returned in Nigeria in 1999, a few ex-governors have escaped overseas and were forced to return to Nigeria to face prosecution; many have remained in the country to face the EFFC and years of legal ordeal; a couple of them, such as former Ekiti State Governors Ayo Fayose and Kayode Fayemi, have presented themselves to the commission for interrogation and/or prosecution.
Some former governors have engaged in a hide-and-seek, for instance, Yahaya Bello of Kogi State, who’d gone underground for months only to unexpectedly show up at the EFCC headquarters in Abuja in October 2024, and yet wasn’t booked, interrogated, or detained having been on the wanted list of the EFCC and the courts; two have been tried, jailed and served their sentences; one was tried and jailed but his sentence overturned on appeal and was released from prison; while one was tried overseas and served his sentence before returning to the country.
Lately, the EFCC threat to investigate, arrest, detain or prosecute former governors has become mostly academic, and the norm rather than the exception. It appears some ex-governors now relish being dragged by the EFCC, at least, as a way to keeping themselves in the news after missing the years of free spotlighting.
But even as Sanwo-Olu’s reported counsel, Darlington Ozurumba, sues the EFCC as sole defendant over the said threat to arrest, detain and prosecute the governor after his tenure, the EFCC has denied knowledge, contemplation or plans by the commission or any of its officers to harass, intimidate, arrest or prosecute Sanwo-Olu after May 29, 2027,
As reported by The News Agency of Nigeria (NAN), when the matter was called for mention on October 29, Ozurumba informed the court that he’d withdrawn the earlier originating summons, and that the EFCC had been duly served with the latest court documents, which the commission’s counsel, Hadiza Afegbua, said she’s yet to sight, even as the proof of service of the processes wasn’t in the court file, and Justice Abdulmalik adjourned the matter to November 26 for further mention.
In an originating summons, marked: FHC/ABJ/CS/773/2024, dated and filed on June 6, Sanwo-Olu, reportedly raising seven questions and seeking 11 reliefs, prays for a declaration that, under and by virtue of the provisions of Section 37 of the amended 1999 Constitution, “the plaintiff, as a citizen of Nigeria, is entitled to right to private and family life as a minimum guarantee encapsulated under the Constitution, before, during and after occupation of public office created by the Constitution.”
Besides craving a declaration that, upon community reading of the provisions of Sections 35(1) & (4) and 41(1) of the Constitution, the threat of his investigation, arrest and detention by the EFCC during his tenure of office as governor is illegal, Sanwo-Olu allegedly prays the court to declare that the incessant harassment, threat of arrest and detention against him upon the EFCC’s instigation by his political adversaries based on false and politically-motivated allegation of corruption, is a misuse of executive powers and abuse of public office.
Hence, he purportedly seeks, among others, an order restraining the EFCC from harassing, intimidating, arresting, detaining, or prosecuting him in connection with his tenure as the governor of Lagos State.
However, the EFCC, describing as speculative and a conjecture the alleged Sanwo-Olu’s claims and reliefs in his fundamental right enforcement suit, has denied it threatened, invited or took any step at all to encroach on the governor’s right to freedom of movement or violated his right to private and family life and personal liberty.
Countering the originating summons Ozurumba purportedly filed on behalf of Sanwo-Olu, the EFCC, in an affidavit filed on October 31 by its lawyer, Hadiza Afegbua, the deponent, Ufuoma Ezire, told Justice Joyce Abdulmalik of the Federal High Court, Abuja, that the plaintiff’s depositions in Paragraphs 4, 5, 6, 7 and even 8 are unfounded, untrue and unknown to the defendant, and calculated to mislead the court, and are hereby denied.
Noting that the EFCC isn’t investigating Sanwo-Olu, and has never invited him or threatened to arrest any member of his staff, domestic or otherwise, Ezire states that the EFCC invites members of the public for interview, interrogation or any engagement vide a written invitation, phone calls or text messages by any of its officers, who shall introduce themselves by name, rank, designation, and section to enable the invitee trace the officer easily.
Ezire says the EFCC is unaware of any threat to arrest Sanwo-Olu’s “aides, accusation of maladministration or diversion of Lagos State’s funds nor is it aware of any likelihood of a breach of the applicant’s right to liberty or right to own movable and immovable properties in this case.”
Stressing that there’s no petition or any intel gathered before the EFCC to warrant its officers to invite, or threaten to arrest the plaintiff at the moment, Ezire asserts that the entirety of the alleged Sanwo-Olu’s dispositions isn’t true, as the application is “misconceived and brought in bad faith to mislead this honourable court,” adding that, “it will be in the interest of justice to refuse the reliefs sought by the plaintiff.”
Similarly, Mr Pedro, the Lagos Attorney General, in a statement on October 29 rebutting “the news circulating in a section of the media, titled: ‘Sanwo-Olu sues EFCC over alleged plan to arrest, prosecute him after tenure,’” clarified as follows:
“Mr Babajide Sanwo-Olu, at no time, sued or briefed any legal practitioner to file a suit on his behalf concerning the above subject matter. Moreover, it is implausible for the Governor, who enjoys immunity as conferred by the Constitution, and has almost three years remaining in office, to engage any lawyer on this matter.
“To the best of my knowledge, my inquiry confirmed that the EFCC is not investigating the governor and has never invited him or threatened the arrest of any member of his staff, domestic or otherwise. We are currently investigating how the case came to be without our knowledge.
“For the avoidance of doubt, Mr Babajide Sanwo-Olu has demonstrated exemplary service delivery and prudent, judicious management of public resources. Therefore, Mr Babajide Sanwo-Olu, who is tirelessly working to improve the living conditions of all Lagosians, has no cause for concern when he eventually leaves office at the end of his tenure in May 2027.
“We, therefore, urge media organisations to be cautious about the reports they publish on their esteemed platforms to avoid misleading the public.”
Needless to ask: Whodunit? Who sponsored it? Without a doubt, the so-called Sanwo-Olu’s suit, filed by an “unauthorised legal practitioner,” against the EFCC is the handiwork of his political adversaries trying to induce, instigate or coerce the anti-graft agency to embark on a fishing expedition it’s no reasonable grounds for, either from a petition(s) or intel that points to a likelihood of (mis)appropriation of funds and resources of Lagos by the governor or his aides.
That said, many will defend Governor Sanwo-Olu for perceptively seen as deploying the resources at his disposal to upgrade and develop existing and new infrastructural and human capital needs to match the Lagos motto of “The State Of Excellence” and its Mega City status that’s attracted unprecedented public and private investments.
These include the Lagos Metropolitan Area Transport Authority (LAMATA-) managed ground-breaking Blue and Red Rail Lines, the Bus Rapid Transport (BRT) system, the proposed Fourth Mainland Bridge, the Atlantic City project, the fully-automated Imota Rice Mill, and the Lekki Free Trade Zone that houses the multibillion dollar 650,000bpd-capacity Dangote Petroleum Refinery – the largest single-train refinery in the world at full capacity – which’s Nigeria’s window to self-sufficiency in production and supply of petroleum products.
Other areas in the Lagos socio-economic sphere: Education, ICT, innovation and technology, healthcare, commerce, agribusiness, small-scale industries, entertainment, showbusiness, tourism, and youth and sports development are receiving adequate attention, and have become a source of pride to Lagosians, and emulation by other States in Nigeria.
Lagos, a hub of international engagements all-year-round, has moved up the ladder as one of the most preferred destinations on the continent of Africa, and is up-scaling on the global leisure spots, thanks to Governor Sanwo-Olu and his vastly young, professional, dynamic and dedicated team, who’ve deployed their expertise in various fields to achieve a shared dream of Lagos leading or being among the best in all human endeavours.
Sanwo-Olu isn’t just a workaholic delivering on the promises of his administration, but he’s the epitome of the alias, “Mr Project,” in the true sense of the lingo in our clime. So, why should he be worried about the EFFC when he’s deploying the resources of Lagos to develop the state to an enviable standard! The “amiable” governor should free his mind and continue “to finish strong” with the good works he’s been doing, for which he’s received umblemished praises, accolades and awards within and outside Nigeria.
Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria
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