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Kanu: A/Court’s order and Malami’s pontification

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By Ehichioya Ezomon

Against the grain of widespread pleadings and expectation of concerned Nigerians, the Federal Government’s filed seven grounds of appeal to quash the October 13, 2022, Appeal Court’s judgment ordering the release of Leader of the Indigenous People of Biafra, Mazi Nnamdi Kanu.
Surely, the filing at the apex court is in keeping with the avowal of Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), that the government would consider all available options on the judgment, and pursue the determination of pre-rendition issues.
The three Justices of the Appeal Court had “discharged and acquired” Kanu of the entire treasonable felony and terrorism charges preferred against him since 2015.
Though an Abuja Federal High Court had dismissed eight of the amended 15-count charge, the remaining seven counts before the Court of Appeal in Abuja were on the alleged abduction of Kanu from Kenya in June 2021.
The Appeal Court’s ruling says: “By engaging in utter unlawful and illegal acts and in breach of its own laws in the instant matter, the Federal Government did not come to equity in clean hands and must be called to order.
“With appalling disregard to local and international laws, the Federal Government has lost the right to put the appellant on trial for any offence.* (Emphasis mine)
“Treaties and Protocols are meant to be obeyed. No government in the world is permitted to abduct anybody without following due process of extradition.
“Nigeria is not an exception or excused. Nigeria must obey her own law and that of international, so as to avoid anarchy.”
On the basis of the above, the Appeal Court ordered the immediate release of Kanu from his long incarceration at the facility of the Department of State Services in Abuja.
It’s doubtful if Malami had a certified true copy – unless he’s availed in advance of the ruling – before pouring cold water on the verdict, arguing the court didn’t acquit Kanu.
Vowing government’s continued charges against Kanu, Malami, via an official spokesman, Umar Jibril Gwandu, said: “For the avoidance of doubt and by the verdict of the Court, Kanu was only discharged and not acquitted.
“Consequently, the appropriate legal options before the authorities will be exploited and communicated accordingly to the public.
“The decision handed down by the court of appeal was on a single issue that borders on rendition. Let it be made clear to the general public that other issues that predate rendition on the basis of which Kanu jumped bail remain valid issues for judicial determination.
“The Federal Government will consider all available options open to us on the judgment on rendition while pursuing determination of pre-rendition issues.”
Some of the issues government pushes at the Supreme Court are: * The Appeal Court erred by holding that, based on the rendition, the trial court has no jurisdiction to try Kanu * There’s no evidence led at the trial and appellate courts on the rendition * The court misdirected itself by relying heavily on foreign decided cases on terrorism and human rights as against those of the criminal procedure in Nigeria * The court erred by discharging Kanu on counts 1, 2, 3, 4, 5, 8 and 15 on terrorism charges retained by the trial court for want of jurisdiction * The court was silent and closed its eyes to the issues that predate Kanu’s rendition.
Correspondingly, the Federal Government prays the Supreme Court to: * Set aside the Appeal Court judgment, and restore the charges at the trial court * Stay execution of the ruling until the final determination of its appeal * Refuse Kanu bail, as he’s a “flight risk person.”
The government’s hasty appeal against the Appeal Court judgment represents a classical case of “the more you look, the less you see” – indicating an apparent resolve to keep Kanu out of circulation throughout the duration of the administration of President Muhammadu Buhari.
Kanu’s five counts peaked at 15 after he jumped bail in 2017 and was arrested in June 2021 in Kenya, and flown back to Nigeria at the behest of the government.
The trial Federal High Court in Abuja subsequently struck out eight of the charges, leaving seven counts, which Kanu appealed to the Appeal Court that trashed the charges.
Ipso facto, there’re no longer charges against Kanu, and government could only maintain a cause of action by appealing the Appeal Court judgment or initiating fresh and unknown charges against Kanu, and that would leave the realm of prosecution to persecution of the detainee.
But amid criticisms against government’s plan to sustain Kanu’s trial, Malami reportedly floated a “political solution” to the impasse: the South-East governors should go and beg Buhari to unconditionally release Kanu, as if the governors had instigated Kanu’s alleged offences.
If not as a tool of official blackmail, why should it be the governors’ burden to surety Kanu who, with members of the IPOB, had routinely blamed the governors for alleged connivance to scuttle the agitation for Biafra?
Recall that following Malami’s prior remarks, former Anambra Sate Governor Chukwuemeka Ezeife expressed readiness to “kneel or prostrate” for Buhari to free Kanu.
“If President Buhari wants me to kneel down, I’ll kneel down. If he wants me to prostrate, I’ll prostrate just for Nnamdi Kanu to be released,” Dr Ezeife had pledged in an interview on Arise News morning show on October 17.
He said the release of Kanu “will address protests, agitation and the sitting-at-home in the South-East,” adding that Igbo elders would welcome negotiation “to ensure Kanu’s release and peace in the South-East.”
In any case, South-East leaders, including the governors, had met Buhari – in Abuja or in the South-East during his visits – and written series of letters on the Kanu matter, with the president repeatedly telling them that his hands were tied by the legal web entangling the detainee.
In other words, were the courts to set Kanu free, Buhari and the Federal Government would’ve no justification to incarcerate him to face further charges or trial.
 Alas, the opportunity of good faith came on October 13 via the Appeal Court ruling, which discharged Kanu from the remaining seven of 15 charges against him since 2015! But the authorities have shunned that window!
The Appeal Court dress-down of the government – for violating both its own and international laws, to breach Kanu’s fundamental human rights – would sober any administration to avoid further pontification.
So, rather than continue Kanu’s detention and trial, President Buhari should seize the lucky chance the Appeal Court ruling offers to redeem his administration’s image.
To act otherwise strengthens the allegation that Kanu’s ordeal is part of an “unfinished business” to marginalise the South-East for its aborted “Republic of Biafra” in 1967, and the resultant Nigerian Civil War from 1967 to 1970. Government must dispel this alleged ill-motive against the people of the South-East!

Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria.

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Opinion

BENUE 2027:The Apa/Agatu Quest for Equity

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By Tunde Olusunle

It may be well over two years to the next cycle of general elections in Nigeria. For the people of Apa/Agatu federal constituency in *Benue South, however, the measure of their participation and integration into the governance scheme will be defined in the run-up to the general polls that year. Nine local government areas make up the predominantly Idoma country of Benue State also labelled Zone C in the senatorial tripod of the geo-polity. The zone is also home to the Igede ethnic stock and the Etulo. Local government areas in “Benue Zone C” include: Apa, Agatu, Oju, Obi, Ado, Ogbadibo, Okpokwu, Otukpo and Ohimini. The other zones, Benue North East and Benue North West, are wholly dominated by the Tiv nationality, striding across 14 local government areas. They are christened Zone A and Zone B in the local political scheme of the state. Federal constituencies in Benue South are: Apa/Agatu, Oju/Obi; Ado/Ogbadibo/Opokwu and Otukpo/Ohimini.

The subjugation of groups and ethnicities considered demographically smaller, by the larger groups which has dominated Nigeria’s politics over time, has not been any different for the Idoma of Benue State. Until the circumstantial emergence of a Yahaya Bello from the Ebira ethnicity in Kogi State in 2015, the Igala had the relay baton of governorship of Kogi State, in rounds and succession. The Ebiras and the Okun-Yoruba zones in the state could only aspire to be serial deputies or Secretaries to the State Government. This political template was virtually cast in stone. The Ilorin people of Kwara State have similarly wholly warehoused the gubernatorial office, sparingly conceding the position to other sociocultural groups in the state. The only exception was the concession of the seat to a candidate from Kwara South, in the person of Abdulfatah Ahmed, by his predecessor, Bukola Saraki in 2011. Even at that, there were murmurs and dissent from those who believed Ahmed came from a community too close to the Ilorin emirate to be of genuine Igbomina stock, which prides itself as the pure Yoruba species in Kwara State.
Twenty-six years into the Fourth Republic, the maximum proximity of the Idoma to Government House, Makurdi, has been by the customary allocation of the Deputy Governor’s slot to its people. Ogirri Ajene from Oju/Obi, the charismatic blue-blood of blessed memory, was deputy to George Akume, incumbent Secretary to the Government of the Federation, (SGF), from 1999 to 2007. Akume it was reported, genuinely desired to be succeeded by Ajene who exhibited competence and loyalty and could build on their legacies. The Tiv nation we understand, shot down the proposal. Gabriel Suswam succeeded Akume and had the urbane multipreneur, Stephen Lawani from Ogbadibo as deputy. Samuel Ortom, a Minister in the Goodluck Jonathan presidency who took over from Suswam opted for Benson Abounu, an engineer from Otukpo as running mate, while Hyacinth Alia, the Catholic priest who succeeded Ortom, also chose as deputy, Samuel Ode, who was also a Minister in the Jonathan government, from Otukpo. Arising from this precedence, Apa/Agatu has not for once, been considered for a place in Government House, Makurdi.
In similar fashion, the position of Senator representing Benue South, has repeatedly precluded Apa/Agatu federal constituency. David Alechenu Bonaventure Mark a former army General from Otukpo, took the first shot at the office in 1999. He was to remain in the position for five consecutive times, a distinctive record by Nigerian standards. Mark would subsequently become President of the Senate and the third most senior political office holder in the nation’s governance scheme for a string of two terms between 2007 and 2015. He was replaced by Patrick Abba Moro, who hails from Okpokwu and was a former teacher, in 2019. Abba Moro who previously served as Minister of Interior in the Jonathan government from 2011 to 2015, won a second term at the 2023 general elections and remains substantive Senator for “Benue Zone C.” He is indeed incumbent Minority Leader of the Senate, and thus a principal officer in the leadership scheme of the “red chambers.”
While Moro is barely two years into his second term, there are suggestions that he is interested in a third term which should run from 2027 to 2031! This is the core issue which has dominated contemporary political discourse in Benue South, especially from the Apa/Agatu bloc. For Apa/Agatu, it is bad enough that they are repeatedly bypassed in the nomination of deputy governors in the scheme of state politics. It is worse that they are equally subjugated by their own kinsmen within the context of politics in *Idoma and Igede land.* This is particularly worrying when both local government areas constituting the Apa/Agatu federal constituency, Apa and Agatu, are not in anyway deficient in human resources to represent Benue South. Names like John Elaigwu Odogbo, the incumbent *Och’Idoma* and respected clergy; Isa Innocent Ekoja, renowned Professor and Librarian; Sonny Togo Echono, FNIA, OON, Executive Secretary, Tertiary Education Trust Fund, (TETFUND), and John Mgbede, Emeritus State Chairman of the Peoples Democratic Party, (PDP), Benue State, readily come to mind.
Major General R.I. Adoba, (rtd), a former Chief Training and Operations in the Nigerian Army; Professor Emmanuel Adanu, former Director of the Kaduna-based National Water Resources Institute, (NWRI) and the US-based specialist in internal medicine, Dr Raymond Audu, are eminent Apa/Agatu constituents. There are also Ada Egahi, long-serving technocrat who retired from the National Primary Healthcare Development Agency, (NPHDA), and Super Eagles forward, Moses Simon, (why not, hasn’t the retired soccer star, George Opong Weah just completed his term as President of Liberia)? The Member Representing Apa/Agatu in the House of Representatives, Godday Samuel Odagboyi, an office previously held by Solomon Agidani, as well as Adamu Ochepo Entonu, is, like his predecessors, a prominent figure from the resourceful Apa/Agatu federal constituency.
The Olofu brothers, Tony Adejoh, a retired Assistant Inspector General of Police, (AIG), and David, PhD, a renowned management and financial strategist, who is also an Emeritus Member of the Benue State Executive Council during the Ortom dispensation, are from the same federal constituency. So is Abu Umoru, a serial entrepreneur who represents Apa State Constituency in the Benue State House of Assembly. The continuing intra-zonal alienation of Apa-Agatu from the politics of Benue Zone C, remains a sore thumb which must be clinically diagnosed and intentionally treated in the run-up to 2027.
If previous top level political office holders from Idomaland in general and Apa/Agatu in particular, had diligently applied themselves to tangible, multisectoral development of the zone and constituency, the present clamour for inclusiveness would probably been less vociferous. *River Agatu* which flows from Kogi State, and runs through Agatu before emptying into *River Benue,* is a potential game changer in the socioeconomy of Apa/Agatu, Benue South and Benue State in general. Properly harnessed, it can revolutionise agriculture and aquaculture in the state, beyond subsistence levels which are the primary vocations of the indigenous people. Rice, yam, guinea corn, millet and similar grains, thrive in the fertile soils of the area. These can support “first level” processing of produce and guarantee value addition beneficial to the primary producers, before being shipped to other markets. River Agatu can indeed be dammed to provide hydro-electricity to power the entire gamut of Idomaland.
The infrastructure deficit in Benue South with specific reference to Apa/Agatu is equally very concerning. A notable pattern in Nigerian politics is its self-centeredness, the penchant for political players to prioritise their personal wellbeing and the development of their immediate space. This has accentuated the ever recurring desire of people to ascend the political pedestals of their predecessors if that is the principal window by which they can also privilege their own primary constituents. Motorable roads are non-existent, seamless travel between communities therefore encumbered. Expectedly this has been a major impediment to subsistent trade and social engagements between constituents and their kinsmen. Primary health facilities are almost non-existent, compelling people to flock to Otukpo, headquarters of Benue South, for the minutest of medical advice and treatment.
Apa/Agatu pitiably bleeds from the relentless and condemnable activities of vagrants and bandits who have reduced the constituency into a killing field. Reports suggest that in the past 15 years, no less than 2500 lives were lost to the vicious attacks of marauders and trespassers in the area under reference. This unnerving situation has compelled engagements between concerned Apa/Agatu leaders, and the leadership of the Nigeria Police Force, (NPF). The prayer is for the swift establishment of a mobile police outpost in the troubled sub-zone to contain bloodletting. The proposal, anchored by AIG Tony Olofu, NPOM, (rtd), and Echono, has received the blessings of the police high command. At the last update, a commander for the outfit had been named, while the deployment of personnel had begun in earnest.
It is very clear that in the march towards 2027, Apa/Agatu will refuse, very vehemently, to be sidelined and trampled upon in the political scheme of their senatorial zone. Abba Moro may desire a third term in the Senate, but the people of Apa/Agatu are quick to remind him that his curriculum vitae as a politician is sufficiently sumptuous for him to yield the seat in the “red chambers” and sit back like an elder statesman. They remind you that for a man who began his working life modestly as a lecturer in the Federal Polytechnic, Ugbokolo in 1991, Abba Moro has done extremely well for himself in Nigerian politics. For reminders, Abba Moro was elected Chairman of Okpokwu local government in the state as far back as 1998. Ever since, he has remained a permanent fixture in Nigeria’s national politics.
The people of Apa/Agatu will put up a determined fight for the Benue South senatorial seat in 2027, and no one should begrudge them. They are the proverbial ram which was pushed to the wall, which must of necessity push back with angered horns to liberate itself. They are already engaging with their kith across “Benue Zone C” to ensure that intra-zonal equity, fairness and justice, prevails in communal politics.

Tunde Olusunle, PhD, Fellow of the Association of Nigerian Authors, (FANA), teaches Creative Writing at the University of Abuja

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Opinion

The Prince Adebayo prescriptions for ease of doing Business: 15 Take-Aways

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By Dr. Ag Zaki

On Thursday, 9 January 2025, Prince Adewole Adebayo presented a keynote address at the Radisson Blu Hotel, Ikeja, Lagos. The occasion was the annual conference of a group of professionals, business executives and experts codenamed J9C for January 9 Collective. The theme of the Conference was “Business and Policy Strategy: Examining the Role of Reform in enhancing the ease of doing business in Nigeria.” Prince Adebayo is a versatile cerebral man of many parts, a lawyer, a multimedia practitioner, a real estate investor, a large-scale miner, a philanthropist, a community developer, and the 2023 Presidential Candidate of the Social Democratic Party (SDP). The organisers of the J9C conference introduced him as an intercontinental lawyer because he currently practices law in over sixteen countries.

The full speech of Prince Adebayo at the occasion is available online and can be accessed by clicking at this url: https://youtu.be/SsHkcJbVNRg?si=ebvoOVqGh0zVOsnt or by scanning the QR code above. However, we are presenting the salient take-aways from this most incisive keynote address below for the convenience of interested persons and for the public good.

THE TAKE-AWAYS
Preamble
1. Not every change of policy or programme is a reform. A reform is a fundamental change in the activities, programmes, and policies structured to cause improvement. Genuine government reforms are people oriented and so citizens can interject, comment or contribute.
2. Reform may be internally motivated, externally forced or imposed, or technological driven.
3. The government of Nigeria must first reform itself to be able to implement development-oriented reforms to improve the country’s economic performance.

In general terms
4. Fiscal and monetary reforms are critical and are urgently required in Nigeria. While government can freely control its fiscal reforms, it must be bound by market forces for realistic and realisable monetary reforms.
5. Economic reforms must positively affect developmental policies, programmes and projects to engender economic growth, increase in efficiency, and lead to stability. Economic and political reforms must be implemented pari-passu for untainted policies and programmes.
6. Urgent structural reforms are required in areas of legal reforms, laws on banking controls and regulations, lending and borrowing as well as land matters.

In specific terms
7. Reforms which are aimed at targeting ease of doing business must be aligned with the Malam Aminu Kano maxim that “all civil servants should abstain from contracts or business”.
8. Nigeria must break the current odious and unwholesome conspiracies between policy makers, civil servants, and contractors, which can lead to irreversible endemic corruption, long foreseen by the revered Malam Aminu Kano, and which can permanently damage the economy.
9. Structural reforms must ensure that land laws open up maximum benefits and potentials of the land, encourage labour productivity and efficient and transparent entrepreneurship rules including registration, capital and lending matters.
10. Tax reforms should be broad-based, not about sharing of revenue but promoting productivity and competitiveness in all aspects of endeavours and infrastructure reforms should make transportation of people and goods safe and cost effective.
11. Monitoring economic crimes must be thorough and should go beyond arresting of “Yahoo boys” and those spraying Naira notes, but those devaluing the Naira and abusing economic rules and regulations.

Warnings
12. Adebayo left some stern terse warnings for the business sector and for the government of Nigeria.
13. Business executives and professionals should not ask or encourage government for specific reforms but for general broad-based reforms as firm-specific reforms can enhance operations of specific firms or business in the short term but will ultimately kill the industry.
14. Government should not meddle into business or be guided by partisan businessmen; government should meet business only at the junction of regulatory framework.
15. Government should be selfless and honest in carrying out reforms, incorporate measurable performance indices and ensure that reforms are implemented in a way not to inflict pains or punishment on the people.

# DrZaki25, 903 Tafawa Balewa Way, Abuja

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Opinion

Governor Monday Okpebholo: A Blessing to Edo State

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Monday Okpebholo

By Eigbefo Felix

His Excellency, Senator Monday Okpebholo, the Executive Governor of Edo State, has demonstrated that he is a blessing to the state through his policies, appointments, initiation of road construction across the three senatorial districts, and his deep love for the people of Edo State.

Governor Monday Okpebholo has begun fulfilling the five-point agenda he promised the good people of the state since his inauguration.

In the area of security, he has shown total commitment. He assured the people of Edo State that he would ensure their safety, and true to his word, the state remains peaceful, which has brought joy to its residents. He has provided the necessary support to security personnel.

The governor increased the subvention for Ambrose Alli University (AAU) from ₦40 million to ₦500 million. He also promised to address the issues facing AAU medical students. Additionally, he has started renovating primary and secondary schools across the state, underscoring his understanding of the importance of education.

The agricultural sector has taken a positive turn as Governor Okpebholo has allocated ₦70 billion to the sector. Recognizing agriculture’s importance to both the state and the nation, he is positioning Edo State to become the food basket of the nation with his investments in the sector.

During the electioneering period, Senator Okpebholo promised to create 5,000 jobs within his first 100 days in office. He has already begun the process, and soon, the people of Edo State will benefit from these employment opportunities. Unlike in the past, he will not rely on MOUs before making appointments. Furthermore, he has started appointing Edo State indigenes, rather than outsiders, to various positions.

Governor Okpebholo has commenced road projects across the state, from Edo South to Edo Central and Edo North. He believes that when roads are motorable, the prices of goods in the market will automatically reduce.

He has also begun investing in the health sector, understanding its critical importance to the people of Edo State.

Governor Monday Okpebholo’s initiatives and actions affirm his dedication to transforming Edo State for the better.

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