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NASS welcome moves to amend Electoral Act 2022

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By Ehichioya Ezomon

Many Nigerians agreed – and had hoped – that the amended Electoral Act 2022 would be a game changer in terms of its dynamism and innovation to cure obvious lapses in the electoral system, and ensure credibility and transparency of elections.
But as shown in the process, outcome and aftermath of the February-March 2023 General Election conducted by the Independent National Electoral Commission (INEC), a lot of loopholes and wiggle room still exist in the system. 
Trust politicians, they’ve exploited these flaws for selfish ends. Even those that’d long shot – or no shot at all – at the offices they vied for, have taken undue advantage of the inadequacies in the electoral law to blame their opponents – and not themselves – for their defeats at the poll.
Particularly excoriated are INEC and the All Progressives Congress (APC) for alleged connivance – that’s largely unproven in courts when the accusers were given opportunities to do so – to deny members of the opposition the reported mandate Nigerians gave to them on poll day.
Hence the refrain, “We will retrieve our ‘stolen mandate’ in court,” which they failed to achieve, as the courts dismissed most petitions and/or appeals as “incompetent and lacking in merit” – judgments that’ve given rise to further allegations of compromise of Judges handling electoral matters.
No court – from the High Court to the Supreme Court – is spared these odious allegations bandied by defeated candidates, their cronies, supporters and political parties because there’re no sanctions – and if there’re, no one has been held to account – for such spurious charges against political opponents, the governing party, Judges and the entire Judiciary.
To the extent that lately, the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, was hard-pressed to urge Judges not to abandon the law for “emotions of the mob” in the consideration of matters before them.
At the swearing-in of 58 new Senior Advocates of Nigeria (SANs) in Abuja, Justice Ariwoola said: “I expect every judicial officer to work very hard and also be very honest and courteous to the litigants, witnesses and members of the bar, and discharge all your judicial functions with all the humility at your command.
“Even while doing this, it is still necessary to have at the back of your minds that public opinions, sentiments or emotions can never take the place of the law in deciding the cases that come before you.
“The law remains the law, no matter whose interest is involved. In all we do, as interpreters of the law, we should endeavour to severe the strings of emotion from logic and assumption from fact.
“We should never be overwhelmed by the actions or loud voices of the mob or crowd and now begin to confuse law with sentiment or something else in deciding our cases.”
Nonetheless, the moves by the National Assembly (NASS) to review the Electoral Act – soon after the courts have put to rest the virulently-contentious February 25 presidential poll – should appease those aggrieved over the fallouts from the elections.
The Chairman, Senate Committee on Electoral Matters, Sharafadeen Alli, on Channels TV’s Sunrise Daily on November 21, hinted about the Senate musing on extensive review of the Electoral Act 2022.
Senator Alli (APC, Oyo South) – affirming that the 2022 Act was a game changer, and yet, not a perfect legislation – listed some areas (for amendments) that drew the ire of the electorate during the 2023 elections.
They include, mandatory conclusion of pre and post-election matters before inauguration of election winners; binding electronic transmission, and upload of results to the INEC Results Viewing (IReV) portal realtime; and conclusion of petitions and appeals before swearing-in of poll winners.
He said: “I must say this, there can not be a perfect legislation. After every legislation, you see gaps and that is when power that is given to the judiciary will tap into this clause. 
“We must praise the 9th (National) Assembly under Senator (Ahmad) Lawan (former Senate President) for coming out boldly to pass the Electoral Act; it is the fundamental change in our electoral system. 
“BVAS (Biomodal Voter Accreditation System) machine is like a game changer, unlike the Card Reader. When the card reader does not work, we will fill the incident form, and we knew (what voters) used that for. But as soon as you bypass the BVAS this time around, the election is null and void. That is one of the things that we are doing going forward. 
“And whatever we say on every legislation, there has been an improvement on the previous ones, and we say things are getting better (even if) there are errors there as well.
“Under the current law, it is not mandatory for INEC to upload (poll results). That is what the courts have said: ‘Enter the law.’
“But as we are going forward, it (upload of results) is going to be mandatory. It is just to ask INEC to make sure we improve our technology and ensure that the thing is there.”
The Senate, in its retreat in Akwa Ibom State in October – which precursored the Lagos retreat by the Joint Committee of the National Assembly on Electoral Matters – set up a committee to attend to electoral reforms in advance of the 2027 polls. 
Rising from the three-day Lagos parley, the committee – which demonstrated the seriousness of observed lapses in the Electoral Act, and the importance of remedying them for the 2027 electons – resolved to pursue and conclude the amendments before the end of 2024.
In the course of its deliberations, the committee took cognisance of, and reviewed recommendations from local and international election observers, who elaborated on citizens’ experiences with the 2023 elections.
Areas for amendments include: * The challenge of appointment of non-partisan persons into INEC that hinders its independence and integrity. * Issue of minimum educational qualification of candidates for elective offices. * Conflicts arising from decisions of the courts over pre or post-election matters. 
Others are: * The use of BVAS technology in electoral process. * INEC’s recourse to reconfiguring the BVAS machines (wiping prior data) before fresh election. * Lack of clarity in documentary proof of non-compliance with the electoral law. * Operational challenges in INEC as per electoral offences. * Issue of internal democracy that splinters parties, and breeds anti-party activities. 
To success in its task, the Joint Committee will carry out extensive consultations with constituents, the public, and other stakeholders, to ensure inclusive participation; collaborate with the NASS Constitutional Review Committee, to address areas of elections that require alteration to the amended 1999 Constitution; and work with technical experts to prioritise and articulate issues for amendment.
The NASS leadership has given the assurance for a timely amendment of the Electoral Act, to enhance transparency and accountability in the electoral processes. 
The November 29 commitment comes in Abuja at a “Citizens’ Townhall on Electoral Reform,” organised by Yiaga Africa in collaboration with the Senate and House of Representatives Joint Committee on Electoral Matters. 
Senate President Godswill Akpabio said: “For the electoral process, we are committed not only to go along with the people on the call for reforms on electoral framework, but at the same time protect the independence of the electoral commission and restore the trust of the people in the electoral process. 
“This administration is ready to work with anyone and everyone that is interested in the progress and development of this nation. This is not only on issues on electoral reform, but also in formulating initiatives and policies that will revamp our economy and put us on the driving seat of industrial and economic advancement.”
Similarly, House of Representatives Speaker Tejudeen Abbas said: “There is no gainsaying the fact that credible elections are the bedrock of any democracy, and Nigeria stands the risk of reversing the gains of the last two decades if we do not fix our elections. 
“The 10th House of Representatives is committed to championing legislative initiatives that promote fairness, transparency and accountability in our electoral processes.”
Critics, who, in the wake of the 2023 elections, shredded the entire Electoral Act 2022, have the opportunity now to contribute their quota to making the law a “perfect” one of their dream.
This is as Nigerians, and the global community look forward to the NASS, to translate its zeal, commitment, and timely commencement of reforming the electoral process into enhancing credility and acceptability of our elections.

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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