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Is Okowa in a witch-hunt or scapegoat melodrama?

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Ifeanyi Okowa

***EFCC perjures itself on Mambilla funds as it unleashes on Atiku’s Running Mate

By Alhaji Ajila Sarafa

The incredulous Economic and Financial Crimes Commission (EFCC) had already detained Mr Ifeanyi Okowa, for two days, over for “N1.3 trillion fraud” and there have been speculations about Okowa’s payments of “N100 billion”, “N40 billion”, N8 billion etc for this and that.
Mr Ifeanyi Okowa is a staunch PDP leader who was previously a Senator of the Federal Republic, a two-term former Delta State governor and was the Running Mate to the PDP Presidential Candidate, Alhaji Atiku Abubakar in the 2023 elections.

At a press conference on Thursday, 31 October 2024, the EFCC reeled out its achievements in prosecuting “former governors, ministers over N4.92 trillion fraud” and the “successful prosecution of four former governors and two former ministers over the past 12 months under the leadership of its Executive Chairman, Barr. Ola Olukoyede, mentioning high-profile personalities charged like former governors Yahaya Bello (APC) of Kogi State, Abdulfatah Ahmed (PDP) of Kwara State, Willie Obiano (APGA) of Anambra State, and Darius Ishaku (PDP) of Taraba State “for serious allegations involving billions in state funds”.

In what played out like a script of a melodrama to hunt down opposition peoples for real or phantom crimes as offenders or scapegoats or as sacrifices, the EFCC announced at a press conference that the “former Kogi Governor Bello faces charges related to over N190 billion, Ishaku of N27 billion, Ahmed for mismanagement of N10 billion, and Obiano for money laundering and theft of N4 billion.
EFCC also disclosed that it has also charged former ministers Saleh Mamman (APC) and Olu Agunloye (SDP) “for misappropriating funds from the Mambilla Hydroelectric Power Project of N33.8 billion and $6 billion respectively”.

Everyone should be worried about these crimes towering over N6.3 trillion being committed by less than a dozen men, whether or not they are in the opposition parties to the ruling party or in personal opposition to the current rulers of Nigeria. Are these people the only offenders? Or are these people those who have not heeded the call of one of the National Chairmen of the ruling Party who publicly said, “come to APC and your sins are forgiven”. The former PDP Vice Presidential Candidate, Sen. Okowa is the latest addition to the set of EFCC tagged “financial criminals,” so to say. Is Okowa being witch-hunted or is he liable? However, two things are clearly certain. First, not all the high-profile offenders in Nigeria are in the EFCC net, and second, not everyone in the EFCC net is a financial criminal.

Take the case of Agunloye who was arraigned in January 2024 by EFCC with charges of awarding the construction of the Mambilla Hydroelectric Project, estimated at $6 billion, as a Build, Operate and Transfer (BOT) contract in 2003 without any cash backing. He was also charged for “taking bribes of N3.6 million and N500,000 in August and October 2019 respectively for the 2003 contract award”. In fact, for the BOT model of contract, the Federal Government was not to pay to procure the contract. It was the contractor who was expected to invest his own funds to construct and operate the hydroelectric dam as well as sell the electricity therefrom at a predetermined rate for 35 years to recoup his investments and profits. Also, as a matter of fact, FGN never paid the contractor in 2003 and has not made any payment to the contractor till now. The big revelation is that EFCC, on the 31st of October 2024 at a widely covered Press Conference, confirmed that the Federal Government of Nigeria wrongly charged the former minister Agunloye when it disclosed that EFCC also “charged former ministers Saleh Mamman and Olu Agunloye for misappropriating funds from the Mambilla Hydroelectric Power Project of N33.8 billion and $6 billion respectively”. EFCC has now admitted that it is prosecuting Agunloye for misappropriating $6 billion which has never existed. What is that? Witch-hunting? Or scape-goating? Or sacrifice-making?

Alhaji Ajila Sarafa.

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Opinion

A brisk encounter with Kemi Nandap

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Comptroller-General of Immigrations, (CGI), Kemi Nana Nandap

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.*

I really drooled and salivated about the prospects of physically encountering and being taught by this icon, whose imprimatur was all over our literature curriculum, over time. OAU was star-studded, boasting luminaries like Femi Osofisan, Biodun Jeyifo, Kole Omotoso, Chidi Amuta and Godini Gabriel Darah, among others. If I desired to study English, Unife was the place to be, so I thought.

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

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Opinion

The charade of council elections in Nigeria

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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

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Opinion

Defamation: It’s nature, purpose, and the use of the Nigerian Police to interfere in civil matter

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Dele Farotimi

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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