Opinion
Kalu: Calmness, Emotional Intelligence of a Presiding Officer
By Chimma Josephine
“It is reason, which must guide our deliberations, guide our debate, and guide our decision.” – Barbara Jordan
Ever since his election as a Deputy Speaker and Presiding Officer of the House of Representatives on June 13, 2023, Rt. Hon. Benjamin Okezie Kalu has displayed calmness and emotional intelligence as well as the temperament required of the role during plenary proceedings.
Elementarily, the presiding officer in the case of the House of Representatives, the Speaker or Deputy Speaker’s duty is to preside over the daily sessions of the House, preserve order in the chamber, direct proceedings amongst others.
The role requires the holder; Speaker or Deputy Speaker to be calm, control his or her emotions and be of good temperament to treat members of his House as equals of which he or she is first amongst them.
Rt. Hon. Kalu, a lawyer and two time member representing, Bende Federal Constituency of Abia State has had encounters while presiding over plenary which tested his calmness and emotional control, but he showed dexterity in all of them.
The Deputy Speaker is known to be warm hearted, affectionate and a lover of peace. He exude kindness and compassion in such an inspiring way!
His love for humanity led him to launch the Benjamin Kalu Foundation many years ago for helping the less privileged.
As a peace advocate, in December 2023, he launched an initiative known as the Peace in South East Project, PISE-P which canvasses the adoption of a non-kinetic approach to resolving the problem of insecurity bedeviling the South East.
The Deputy Speaker said that his goal for initiating Peace In South East Project was also to foster peace, unity and development in the region and promote reconciliation among communities and individuals affected by past conflicts.
This laudable initiative has garnered commendations and support from the presidency and Nigerians from every region of the country. Just recently, on July 8, the Emir of Bauchi, Alhaji (Dr.) Rilwanu Suleiman Adamu during a visit to Deputy Speaker expressed his readiness for a stronger collaboration between the northern and the southern regions with regards to peace and unity of the country.
Speaking through Hon. Ibrahim Bala, a former member of Bauchi State House of Assembly, the Emir said that they heard about the Peace In South East Project and decided to identify with the initiative.
As a presiding officer of the House, Kalu always makes sure that every member is carried along and made to feel at home. While presiding he ensures that the session is participatory allowing ranking and new members to debate on issues.
An instance was seen some weeks back when Hon. Bello El-rufai made a contribution to a motion.
Encouraging him, the Deputy Speaker said, “Very sound presentation, I’m always proud of the young parliamentarians, when you ventilate issues in this manner, it’s very impressive, It’s very impressive.”
Also on May 29th, the Deputy Speaker allowed many members both ranking and new, regardless of party affiliation to robustly contribute to the debate on the nation’s 25 years of unbroken democracy.
Kalu’s competence, capacity, and having good knowledge of legislative processes has never been in doubt. He has efficiently carried out his duties and as well ensured that his colleagues who are first timers are encouraged and well guarded on legislative processes.
In and out of the chambers, he has proven that love is the highest vibration and hate is the lowest, so we benefit ourselves by loving all unconditionally.
However to the surprise and shock of many, on July 2nd, a first time lawmaker Hon. Cyril Hart accused Kalu of marginalising first-timers during debates on the floor of the House
In his response, Kalu stated that all members of the parliament are colleagues and equal irrespective of their political affiliations, economic or social backgrounds.
He said that being a presiding officer, principal officer or chairman of a committee is a privilege granted by both the leave of the House and the mandate of the members, emphasizing that the position does not presuppose superiority.
He therefore stated that there is no discrimination of any member whether old or new, ranking or no ranking.
He further clarified that the row where the member was sitting had earlier been given an opportunity to speak, stressing that other rows also needed to be accommodated.
He emphasized that the 10th House under the able leadership Rt. Hon. Tajudeen Abbas will continue to be fair, just and open to every member and ensure that all voices are heard.
Few days later, at the plenary on July 9, Hon. Philip Agbese, a first timer raised a point of order, stating that his privilege were breached by Hon. Hart, as his claim according to him was not true.
He thereafter demanded an apology from Hart.
Agbese said, “Mr Speaker sometime last week, I was returning from an international parliamentary assignment back to the country when I was confronted by a parliamentarian from Ghana. At the airport in Accra, I was confronted with a question emanating from the conduct or the position of one of my colleagues that new members of this parliament are not allowed to speak.
‘My constituents equally threatened on Facebook and other platforms regretting that they sent a new member to the House. There has never been anytime any new member was not allowed to speak, and not myself. My colleague has injured my reputation, my privilege as a member of this house was breached and I move that the member who made that comment should tender an apology to Me, Chief Philip Agbese and some of my colleagues who feel like they do not belong to that category.”
But Kalu as a peace advocate and a gentleman, appealed for calm, informing the lawmaker that Hon. Hart has tendered an apology privately to him.
Kalu said “the issue you raised about the generalized comment made by one of our colleagues, stating that new members were not allowed to speak, it went viral, this is a global community, they can reach you via internet anywhere you are, information travel very fast. You’re right to say to say that you’re a new member and nobody has shortchanged you, or stopped you from speaking. I know also that the leadership of this house have tried severally to carry the new members along in all things.
“Like I said last week there’s no discrimination in this parliament, we are all colleagues. The hon. Member (Cyril Hart) has tendered an apology to me and I am sure that any member who felt aggrieved he will find time to meet you and apologize to you. It’s a process of learning for new members, we will keep encouraging them and protecting them to feel comfortable whenever they have an issue to raise. Let me maintain, nobody will deny new members their rights in this parliament. Your point of order is hereby sustained.”
The manner and candour in which Kalu handle such issues when they erupt, depicts emotional intelligence which is the ability to recognise, understand and choose how one thinks, feels, and acts; shaping interactions with others and understanding of oneself.
Chimma Josephine writes from Rivers
By Tunde Olusunle
I don’t know the way it is with others, but I’m so eternally enamoured by my alma maters across my life’s trajectory, I just can’t stop celebrating them. For me, the Immaculate Conception College, (ICC), Benin City, is the best secondary school in this milieu. Headed by the unsung academic and administrative luminary, Dr Joseph Odidi Itotoh in my generation, ICC was catalytic in laying the building blocks of my life as destined by God. I feel similar nostalgia for the University of Ilorin where I obtained two hard-earned degrees in English. To imagine the institution didn’t initially feature in my priorities. I was almost incurably obsessed about schooling in the erstwhile University of Ife, (Unife), now Obafemi Awolowo University, (OAU). Africa’s first Nobel Laureate for Literature, Wole Soyinka was on the faculty of Unife.
*Comptroller-General of Immigrations, (CGI) Kemi Nana Nandap, (middle), flanked from left by: Nuhu Adam; Moji Oshikoya; Wale Fasakin; Bolanle Olatunde; Tunde Olusunle and John Ondoma Freeman, at a courtesy call by alumni of the University of Ilorin, on CGI Nandap, recently.*
True, the burgeoning University of Ilorin which operated in its early years substantially from the makeshift mini-campus in the city was bereft of the jaw-dropping aesthetics of Unife. Unilorin made up for this, however, with the sheer density and diversity of its faculty. Between the former “Department of Modern European Languages” which warehoused the English and French courses, and the adjoining Department of Performing Arts, Unilorin could not be cowed by faculties elsewhere. At the head was the English man David Cook, credited with mentoring the Ngugi wa Thiong’o generation of East African writers. There was also the multifaceted, self- effacing Indian scholar, Prayag Tripathi. A much younger Olu Obafemi, creative versatile, charismatic, steep in radical intellectualism; and Sam Adewoye, a novelist, were equally in the team.
There were also the trendy Nigerian-American intellectual, Tayo Olafioye who was given to infectious and flowery elocution; the bubbly American teacher, Russell Chambers; the engaging Ugandan lecturer Stephen Hesbon Lubega, and the untiring language specialist, Emmanuel Efurosibina Adebija, among others. Africa’s first published female playwright and first female professor of theatre arts, Zulu Sofola; pioneer faculty member in performing arts in Unilorin, Akanji Nasiru and the indefatigable Nigerian-American dance expert, Bunmi Babarinde-Hall, featured in the newly established performing arts department in our time. Not forgetting the eccentric Sierra Leonean actor and playwright, Yulisa Amadu-Maddy, and subsequently, Ayo Akinwale. Such was the kaleidoscope of personalities who privileged our thoughts and vistas. An aggregation of these resources and experiences bred the moniker, *Better By Far* with which we’ve beaded the university over aeons.
Over the years, I’ve found myself a compulsive and delighted documenter and diarist of fellow alumni from Unilorin, in their courses and attainments in life. The institution has blessed Nigeria and the world at large with some of the finest of manpower, some of the most skilled human resources in virtually every department and sector. Early this year, Kemi Nana Nandap, who was hitherto an unobtrusive Deputy Comptroller-General, (DCG), in the Nigerian Immigrations Service, (NIS), was appointed substantive Comptroller-General of the Service by President Bola Tinubu. She graduated with an honours degree in biochemistry from Unilorin in 1987, same year with Tinuke Watti, another distinguished Unilorin alumna, who was appointed federal Permanent Secretary late 2023, by the President.
Nandap became the fourth woman to be appointed to the position of Comptroller-General, (CGI), of the NIS. This is tangible evidence that she has consistently and sustainably proved her mettle all through her career, in a male-dominated paramilitary profession. Notable women who previously led the NIS as chief executives include: Uzoamaka Nwizu, (2000 – 2004, of blessed memory); Rose Chinyere Uzoma, (2010 – 2013) and Caroline Wuraola Adepoju, who handed over to Nandap early this year. Her appointment took effect from March 1, 2024.
Between Olusegun Adekunle, OON, Emeritus Federal Permanent Secretary and Chairman of the Abuja chapter of the Unilorin alumni association; Wale Fasakin, National President, and Bolanle Olatunde, National Public Relations Officer, I was literally “abducted” and thrust into an impromptu visit to CGI Nandap, Friday December 6, 2024! Fridays are usually tricky days. One tries to wrap up his schedule for the week with very strict deadlines. The trio, however, are people one holds in high esteem. Fasakin indeed came from out-of-state, to Abuja specifically for the purpose of the courtesy call. His selflessness could only be assuaged if the programme proceeded successfully. My only option in the circumstances was to juggle my schedule so as to be on the delegation. Other members of the delegation were: Moji Oshikoya, (of the Federal Capital Territory Administration, (FCTA)); Nuhu Adam, (an aviation industry stakeholder), and John Ondoma Freeman, (who is on the executive of the alumni Abuja chapter).
The air was festive within the perimeters of the headquarters of the NIS on the airport road as we drove in. The grass lawn adjacent the administrative building of the organisation was being readied for some event, most probably a night of carols, maybe an end-of-year get-together. Our delegation was very courteously received and ushered into a visitor’s room by aides of the CGI. I remarked about the tidiness and sense of order which I noticed within minutes of our arrival. We engaged ourselves with reminiscences of our times in Unilorin, enjoyed our laughters and glanced at the television screen from time to time. Olubunmi Tunji-Ojo the Interior Minister, we were informed, was visiting. He was being received by the leadership of the NIS in the boardroom of the outfit.
Nandap’s entry into the visitor’s room where we were seated was without fanfare. I’ve visited quite a few regimented services through the decades and I’ve never been impressed by the contrived stampede, the conjured drama and needless *gra gra* associated with the movements of their “big men.” Let’s be very clear: I was a very close aide of President Olusegun Obasanjo, GCFR, all through his eight years in office. I operated from the most proximal physical space to him and saw him everyday. To this extent, I’m very accustomed to “VIP movements.” To be sure, I logged nearly 30 countries across the world on *Baba’s* entourage. (Baba is the globally adopted alias for Obasanjo). This was until I began to dodge the drudgery and tedium of moving around and about with him. Before Obasanjo, I had worked back- to- back as publicist with one civilian Governor and two Military Administrators in my state: Prince Abubakar Audu; Colonel Paul Omeruo and Colonel Bzigu Afakirya.
CGI Nandap was already standing before us, before we even noticed when she eventually joined us. We rose in unison to our feet to return her civility once we saw her. Despite the ring of uniform-wearing and plain-clothed aides around her, her naturalness, her unassumingness, her humility shone bright. She apologised for keeping us waiting. She explained she was indeed going to request fo a rescheduling of our meeting with her, once impromptu engagements began to clog her itinerary for the day, so that our meeting with her will be worth the while. Having seen off her supervising Minister, Nandap still had a few other programmes to attend on a day like Friday, typically a “half day.”
Dr. Wale Fasakin spoke on behalf of the team. He presented as souvenir, a roll-up banner bearing the image of the CGI congratulating her on her merited appointment. Nandap was draped with a customised sash bearing the *Better By Far* inscription, emblazoned across the colour code of the University of Ilorin. Bolanle Olatunde stepped forward to decorate her with the Unilorin lapel pin. I did invite her to the public presentation of two of my newest books which took place early October. The event was chaired by three-time National Security Adviser, General Aliyu Mohammed Gusau, GCON, with the media luminary, Chief Onyema Ugochukwu, FNGE, CON, as “Professional Elder Statesman.” CGI Nandap’s colleagues in the Nigerian Police Force, (NPF); the Federal Road Safety Corps, (FRSC), and so on, attended. I had with me, autographed copies for presentation to her.
Kemi Nana Nandap who hails from Ogun State was born June 3, 1966, in Zaria. Like me, who was born in Kaduna, she epitomises the merits of our archetypal sociocultural interconnectedness, with her added spousal affiliations to Plateau State, to wit. This is not discounting her horizontal and vertical movements across the country on several postings and assignments on national service. These have helped to consummate her pan-Nigerian worldview. Last October, there were murmurings within Immigrations circles that Nandap had attained 35 years in service and was due for retirement, consistent with service conditions. Nandap was a member of *Course 22* of the NIS Training School, Kano, which was commissioned on October 9, 1989. While it is true that she has completed 35 years in the public service, her Letter of Appointment specifies that she will hold office for a period of 18 months, all the way to October 2025. Her continued stay in office is therefore consistent with the terms of her appointment by the President, Commander-in-Chief.
A heavily decorated professional, CGI Kemi Nana Nandap continues, to lead with every passion a service which aims to approximate the attainments of pace-setting parallel agencies in other parts of the world, as the Nigerian Immigrations Service continues to reinvent itself.
Tunde Olusunle, PhD, Fellow of the Association of Nigerian Authors, (FANA), is an Adjunct Professor of Creative Writing at the University of Abuja
By Ehichioya Ezomon
In Nigeria, we often make references to issues and happenings in the United States of America as a guide for emulation. Hence, we replaced the British parliamentary system with the American presidential model of government. In the U.S., all elections – federal, state, and local – are administered by the individual states, with many aspects of the system’s operations delegated to the county and local level.
And these elections, to the satisfaction and acceptance of majority of Americans, are conducted relatively freely, fairly and creditably, without unduly and overly seen to be manipulated to favour the governing political parties in the states. So, can we also allow state law, not federal, to regulate most aspects of Nigeria’s elections, including administering federal, state, and local elections?
Well, in light of the sweeping victories claimed in local council elections by parties in control of the states across Nigeria, the outcomes of all elections administered by states and councils would be better imagined than experienced. It’d result in perpetual one-party control in the states, and possibly at the national level!There’s been a rash of council polls in the States in Nigeria since the Supreme Court in July 2024 gave a 90-day window to state governments to conduct council elections, “to ensure a democratically-elected local government system,” and to accord with the autonomy granted the third tier of government, which state governors have opposed.
However, it’s been a tale of democratic underhands reportedly committed by State Independent Electoral Commissions (SIECs) allegedly appointed by state governors to scoop all votes for them during council elections – a scenario that’s played out before, and since the July 2024 Supreme Court pronouncement.
Reports from the states indicate that where council elections have been conducted, the parties in control of the state governments have claimed virtually 100% of the chairmanship and councillorship positions, leaving the opposition to join the calls to scrap the SIECs, and mandate the Independent National Electoral Commission (INEC) to conduct all elections in Nigeria.
For lack of faith in the SIECs, the main opposition All Progressives Congress (APC) and Peoples Democratic Party (PDP) – mostly boycotting participation in states they’re not in control of – have alleged that council elections are organised solely to favour the ruling parties in the states.
Even where elections were held, the SIECs would abridge the 90-day advance notice for preparation for the balloting, and on poll day, starve the opposition strongholds of ballots, especially the result sheets, while state-aided thugs run rampant and seize and/or destroy votes cast in such places.
And in the absence of display of vote scores of the participating parties, and proper collation, the SIECs, like in a press conference, would announce – and not declare – the results, and award all or 98% to 99% of the chairmanship and councillorship positions to the parties in control of the states.
More surprising is the speed at which the SIECs issue Certificates of Return to elected chairmen and councillors, who are also quickly sworn into office. It’s as though the certificates – with the electeds’ names embossed – are prepared in advance of the elections. That’s why the opposition accuse the ruling parties in the states of forewriting results.
Below is a schedule of dates for council polls in many states since July 2024: Adamawa, July 14; Delta, July 14; Ebonyi, July 20; Kebbi, August 31; Enugu, September 21; Imo, September 21; Kwara, September 21; Sokoto, September 21; Akwa Ibom, October 5; Rivers, October 5; Jigawa, October 5; Benue, October 5; Plateau, October 9; Zamfara, October 16; Kogi, October 19; Kaduna, October 19; Kano, October 26; Abia, November 2; Cross River, November 2; Nasarawa, November 2; Ogun, November 16; Ondo, January 18, 2025; Katsina, February 15; and Osun, February 22.
Let’s flick through the results of council elections held since July 2024, showing – except in Abia, Jigawa, Nasarawa and Rivers – near-identical or similar winning streaks by parties running the states. Most of the results were announced at the headquarters of the SIECs, represented hereunder with their acronyms in the states.
Adamawa (July 14): Chairman of the ADSIEC, Mohammed Umar, announcing the poll results in Yola on July 21, said the PDP cleared all 21 councils (chairmanship) and 226 wards (councillorship) seats, while New Nigeria Peoples Party (NNPP) picked one ward.
Delta (July 14): Chairman of the DSIEC, Jerry Agbaiki, in Asaba on July 21, said the PDP won all 25 councils and 499 wards, with the Allied Peoples Movement (APM) taking one ward.
Ebonyi (July 20): Chairman of the EBSIEC, Jossey Eze, on July 21 in Abakaliki, said the APC won all 13 councils and the 171 wards.
Kebbi (August 31): Chairman of the KESIEC, Aliyu Muhammad-Mera, declared in Birnin Kebbi on September 1, that the APC won all 21 councils and the 225 wards, with the PDP boycotting the poll over alleged “mutual relationship” between the KESIEC and the APC.
Enugu (September 21): Chairman of the ENSIEC, Prof. Christian Ngwu, in Enugu on September 22 and 23, announced the PDP as winner of the 17 councils and 260 wards, respectively.
Imo (September 21): Chairman of the ISIEC, Charles Ejiogu, at a press briefing in Owerri on September 23, said the APC won in all 27 councils and 305 wards, even as he promised to release specific vote counts in due course.
Sokoto (September 21): Alhaji Aliyu Suleiman, chairman of the SIEC, announced on September 23 in Sokoto that the APC swept all 23 councils and the 244 wards, and quickly issued the winners with certificates of return. The PDP boycotted the election.
Kwara (September 21): Chairman of the KWSIEC, Mohammed Baba-Okanla, in a statement released on September 22 in Ilorin, noted that the APC won all 16 councils and the 193 wards.
Akwa Ibom (October 5): A list signed by the Chairman of AKISIEC, AniediAbasi Ikoiwak, in Uyo on October 6, showed that the PDP won 30 of the 31 councils, and the APC got one seat where Senate President Godswill Akpabio hails from, with the APC craving for the day the INEC would takeover conduct of council elections.
Benue (October 5): Chairman of the BSIEC, Richard Tombowua, announced in Makurdi on October 6 that the APC won all 23 councils and the 276 wards.
Jigawa (October 5): Chairman of the JISIEC, Hon. Auwalu Muhammad Harbo, via a statement in Dutse by JISIEC’s spokesman, Habibu Yarima, on October 6, said the APC won all 27 councils and 281 of the 287 wards, with Accord Party (AP) securing four wards, and All Progressives Grand Alliance (APGA) winning one ward, leaving the New Nigeria Peoples Party (NNPP) protesting.
Rivers (October 5): Chairman of the RSIEC, retired Hon. Justice Adolphus Enebeli, announced in Port Harcourt on October 6 that the Action Peoples Party (APP) – a proxy of Governor Siminalayi Fubara of the PDP – won 22 of the 23 councils, and Action Alliance (AA) took one seat. While the APP swept 314 wards, the APC, Boot Party (BP), Labour Party (LP), Social Democratic Party (SDP) and Young Peoples Party (YPP) won one ward each. The election held despite protests by the PDP, and the APC that got a court injunction to stay the poll.
Plateau (October 9): Chairman of the PLASIEC, Plangji Cishak, announcing in Jos results for 15 and two councils on October 10 and 11, said the PDP claimed all seats in the 17 councils, with the APC alleging electoral heist.
Zamfara (October 16): Chairman of the ZASIEC, Bala Aliyu, on October 17 in Gusau, declared that the PDP won all 14 councils and the 147 wards, with the APC boycotting the poll over ZASIEC’s alleged contravention of the three-month notice the electoral law mandates.
Kogi (October 19): The Chairman of the KOSIEC, Nda Eri, stated in Lokoja on October 20 that the APC secured all 21 councils and the 239 wards.
Kaduna (October 19): Chairman of the (KADSIECOM), Hajara Muhammad, said in Kaduna on October 20 that the APC won the 23 councils and 255 wards.
Kano, (October 26): Chairman of the KANSIEC, Prof. Sani Lawal Malurnfashi, briefing reporters in Kano on October 27, said the NNPP swept all 44 councils and the 484 wards.
Cross River (November 2): Chairman of the CRSIEC, Dr Ekong Boco, announced on November 3 in Calabar that the APC candidates, including three females, took all 18 councils and the 193 wards.
* Nasarawa (November 2): Chairman of the NASIEC, Barr. Ayuba Usman, announced on November 3 in Lafia that the APC won the 13 councils and 140 of the 147 wards, while the SDP won five and Zenith Labour Party (ZLP) won two wards, respectively.
Abia (November 2): Opposition ZLP – allegedly a front for Governor Alex Otti of the LP – emerged victorious in 15 of the 17 councils, while the YPP claimed two councils, as announced by the Chairman of ABSIEC, Prof. George Chima, on November 2 in Umuahia.
Ogun (November 16): Chairman of the OGSIEC, Babatunde Osibodu, announcing the results on October 17 in Abeokuta, said the APC won all 20 councils and the 236 wards.
While the schedules for council elections in 2025 in three states are: Ondo, January 18, Katsina, February 15, and Osun, February 22; states that conducted council polls between July 2021 and June 2024 also claimed blowout victories, as follows:
Lagos (July 2021): APC won all 20 councils, and 375 of 377 wards. Niger (November 22): APC won all 25 councils and the wards. Edo (September 2023): PDP won all 18 councils and the 192 wards. Taraba (November 2023): PDP claimed all 16 councils and the 168 wards. Ekiti: (December 2023): APC won all 38 councils and the 177 wards.
Others are: Borno (January 2024): APC clinched all 27 councils, including first female chairmanship, and the 312 wards. Bayelsa (April 2024): PDP won all eight councils and the 103 wards. Gombe (April 2024): APC won all 11 councils and the 114 wards. Oyo (April 2024): PDP secured all councils and the wards. Yobe (June 2024): APC won all 17 councils, with 15 of the chairmanships returned unopposed.
The irony of council elections in Nigeria is that their conduct have attracted little or no monitoring and reporting by election observers, and civil society organisations (CSOs), who overlook unbridled rigging at the polling units, where votes may not be counted, declared and displayed, and collation of results done behind the scenes, and yet, the governing party in the states would claim 100% of the chairmanship and councillorship positions.
Election observers and CSOs – fixated on federal and state ballots upon which they make parallel and contradictory claims to INEC’s, even when the processes are still in progress on election day – shut their eyes to massive manipulation of council polls across board, and give an all-clear and a “Grade A” passmark to the SIECs for “a job well done.”
Where does the salvation lie in checking electoral malpractice at the council levels? Is it in the INEC? Many Nigerians think so, even as they vilify the commission as incompetent, corrupt and compromising during national and state elections. Hence, the Akwa Ibom APC publicity secretary, OtoAbasi Udo, reacting to the sweeping victory of the PDP in the October 5 council poll in the state, despite robust campaigns by the opposition, prays for a future without SIECs.
His words: “The Party, ably led by Obong Stephen Leo Ntukekpo, uses this opportunity to express her sincere thanks and appreciation to you all for your tireless, steadfast, unalloyed support and commitment to the Party and assure you that with the Supreme Court judgment that returned full autonomy to the third tier of government, the local government, enshrined in our Constitution, and the steps taken by the National Assembly to give full effect to the judgment, from the next election, all SIECs, in charge of local government elections now, would have been dismantled, incapacitated and laid to rest, and a bright prospect for future local government elections firmly put in place.”
Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria. Can be reached on X, Threads, Facebook, Instagram and WhatsApp @EhichioyaEzomon. Tel: 08033078357
Opinion
Defamation: It’s nature, purpose, and the use of the Nigerian Police to interfere in civil matter
Concerns have escalated in the media and political space over the arrest of Dele Farotimi, alongside a reported invasion of his law firm and harassment of his staff by alleged members of the Nigerian Police Force. As of the time of this statement, Dele Farotimi has been arraigned on a 16-count charge for alleged defamation and cybercrimes before a Magistrate Court in Ado-Ekiti, Ekiti State. After pleading not guilty, he was denied bail and remanded in prison custody, highlighting a troubling decline in the operations of our democracy.
The issues surrounding Farotimi’s arrest stem from a petition alleging defamation in his recently published book, “Nigeria and Its Criminal Justice System.” The controversy has triggered concerns about the nature of defamation, its purpose, and the role of the Nigerian Police in such matters.
Understanding Defamation
Defamation is the publication of a statement that lowers a person’s reputation in the estimation of right-thinking members of society. It is a civil wrong intended to protect an individual’s good name from being tarnished. Section 39 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees freedom of expression, including the right to hold opinions and disseminate information. However, when such expressions harm another’s reputation, defamation laws come into play.
Only a court of competent jurisdiction can determine whether a person’s reputation has been damaged, and this is done through a civil trial. In such cases, the burden of proof lies with the party alleging the defamation. The Nigerian Police have no legal authority to determine defamation through criminal investigation or prosecution.
Defamation Is a Civil Wrong, Not a Criminal Offense
Defamation, however serious, does not constitute a criminal offense under Nigerian law. It is a tortious liability that requires civil redress. The appropriate action for someone who feels defamed is to file a civil lawsuit, not to involve law enforcement. The Supreme Court affirmed this position in Aviomoh v. The Commissioner of Police & Sunday Esan (2021) JELR 109176 (SC), where it held that defamation is a civil matter.
The Nigerian Police are mandated by Sections 4 and 24 of the Police Act, 2020, to maintain law and order by addressing criminal offenses—not civil disputes. Their involvement in Farotimi’s case constitutes a clear breach of their legal mandate.
Misuse of the Nigerian Police
It is unfortunate that certain elites, who often urge citizens to “go to court” when aggrieved, resort to using the Nigerian Police as a tool of intimidation when it suits their personal interests. If any individual or entity feels defamed, the appropriate course of action is to seek redress in court—not to engage in unlawful arrests and harassment.
Call for Justice
We condemn the arrest and continued detention of Dele Farotimi, which constitutes a desecration of the Nigerian Constitution and legal system. We urge the government to act honorably and resolve this matter in the interest of justice.
Chief Ameh Peter
National Secretary, CUPP
Former National Chairman, IPAC
Ex-Presidential Candidate
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