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Chief Kanu Agabi, thy name speaketth for you

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Chief Kanu Agabi

BY Pof Mike Ozekhome, SAN, CON, OFR

“Greatness is not measured by what a man or woman accomplishes, but by the opposition he or she has overcome to reach his goals.” -Dorothy Height
In my little way and from my very small window and little corner, I enjoy celebrating people – dead or alive,great or not so great. These are historic personalities who symbolise the words of Ralph Waldo Emerson: “Do not go where the path may lead; go instead where there is no path and leave a trail”.
There are names that echo through time, names that, when spoken, bring to mind the essence of who that person is and what he stands for. Chief Kanu Godwin Agabi, SAN, CON,is one such name. And if you did not know, “Agabi” itself carries a delightful metaphor in his native Bekwarra tongue. It simply means something sweet, awesome and utterly adorable. In the Holy Bible, Agabi means love and affection. He has yet another name which can frighten any gate-crasher. That is his first name, “Kanu”. Kamanu, Akanu or Kamalu is of Igbo origin shortened to Kanu. It simply refers to the traditional Igbo god of thunder and lightning. It is equivalent to the more familiar name of the same deity called Amadioha or Amadiora. In Sierra Leone, Kanu simply refers to “high god”, the supreme being and originator of all things who is said to live in the distant skies. But our own Kanu is not a supreme being. Thank God he lives amongst us here on earth, not in the distant skies. We are happy with this. Yes, the name fits him like a glove, because here is a man whose legacy is as sweet and affectionate, as it is monumental. But that is not all. In case you were to take his love, affection and sweetness for granted, you are stopped dead on your tracks by his middle name,Godwin. And he has won many battles and wars alike because his God always wins.His sweetness and affection easily translate into generosity.
I remember one of my many visits to Chief Agabi many years ago as if it were just yesterday. It was at his office in Mabushi, Abuja, a place that buzzed with the energy of legal brilliance. He had the kind of aura that simultaneously made you feel both at ease and in awe. Such apparent contradiction! Imagine my surprise when, during our conversation, he fished out and casually handed me an iPad. Now, you have to understand that this was a time when the iPad was still a very vague concept to many; a sleek piece of technology that felt then more like a futuristic dream than reality. It was my first time of beholding and touching an ipad. Yet, here was Chief Agabi, gifting me one as if it were as ordinary pen or handkerchief. It was my first iPad ever, and I carried it around for years like the treasure it was; not just because of its uniqueness then, but because of who gave it to me. Thank you sir.
“The only true wisdom is in knowing you know nothing.”- Socrates
That moment was quintessentially Agabi-generous, forward-thinking and always ahead of the curve. His generosity is not just about material gifts; it is in his wisdom, his deep pieces of advice and his uncanny ability to make you see the world a little differently from yours after every conversation with him.This is what I cherish most. And if you have ever had the pleasure of being in his company, you would discover that he is as witty as they come. He once told me, with a twinkle in his eye, that the only reason he became a lawyer was because his mother did not trust doctors! Of course, that may not have been completely correct,but it was vintage Agabi, SAN, a man who could blend humour with wisdom in a way that leaves you both laughing and thinking deeply.
But let us take a step back to where it all began. Born on the 9th of July, 1946, in the small village of Adim, in Odukpani Local Government Area of Cross River State, Nigeria, Chief Agabi’s beginnings were as humble as mine. Perhaps, mine was even more humbling. Yet, from these modest roots, a giant of the legal world would emerge.
“Start where you are. Use what you have. Do what you can.” – Arthur Ashe
Chief Agabi’s early education took him to St. John’s Primary School, Gboko, and later St. Benedict’s Primary School, Ogoja. These were simple schools in Southern Nigeria, but they were the fertile ground where his intellect first took root. From there, he moved on to Maryknoll Secondary School, Okuku, Osun State and Methodist College, Uzuakoli,Abia State. It was during these formative years that the young Kanu began to show signs of the greatness that would later come to define his life. He was not just a good student; he was a youthful leader, the kind of person who could inspire others with sharp vision and raw determination.
I imagine that even then, the young Agabi must have had the same twinkle in his eye that I saw when he handed me that iPad. It is the look of a man who knows he is destined for something extraordinary, even if the world hasn’t caught up to that fact yet.
In 1969, Chief Agabi took the next step on his journey of life by enrolling at the University of Lagos to study law; a decision that would set him on a course that would help shape the legal landscape of Nigeria. During his time at the university, he not only excelled academically, but also became a prominent figure in student union politics. As the President of the Ogoja Provincial Students Union, he demonstrated the leadership qualities that would later make him a respected figure in both the legal and political arenas of Nigeria.
“The law is reason, free from passion.” – Aristotle
After successfully completing his training at the Nigerian Law School in Lagos, Chief Agabi was called to the Nigerian Bar in 1972 ( I was then a form three secondary school student), becoming a Solicitor and Advocate of the Supreme Court of Nigeria. His early career was marked by an unwavering commitment to justice and a keen understanding of the lawyer’s role in society. It was not long before his talents blossomed, and he began to ascend the ranks of the legal profession.
As his reputation grew, so too did the responsibilities placed upon his slim shoulders. Chief Agabi served as Chairman of the Board of Directors of NICON, Niger Insurance Company Limited and National Properties Limited. His leadership in these roles was marked by a rare blend of wisdom and pragmatism, traits that would later serve him well in the years to come.
In 1997, in recognition of his immense contributions to the legal profession, Kanu Godwin Agabi was conferred with the prestigious rank of Senior Advocate of Nigeria (SAN). This was not just a title, but a testament to his excellence in the legal field, a recognition that he had not only achieved excellence by mastering the law, but had also become one of its foremost champions.
TWICE A GIANT
“In the middle of difficulty lies opportunity.” – Albert Einstein
Now, here is a tale that is as sweet as it is remarkable: Agabi was appointed Attorney General of the Federation and Minister of Justice not once, but twice! If that does not speak to his brilliance and resilience, I do not know what does. The first time was in 1999, under President Olusegun Obasanjo. This was a period when Nigeria was transitioning from military to civilian rule, a time fraught with challenges and uncertainties. It was the kind of moment that could make or break a nation’s legal framework. And who did they turn to? None other than Chief Kanu Agabi.
His first tenure as Attorney General was nothing short of transformative. One of his most notable achievements was his push for legal reforms. He understood, perhaps better than anyone else at that time that the law must evolve with the times if it was to serve the people effectively. He advocated for changes that would strengthen the judiciary and ensure that the rule of law was upheld across the nation.
“The best way to predict the future is to create it.” – Peter Drucker
One of the most courageous actions he took during this time was his call for a modification in the strict application of Sharia law in Nigeria. In March, 2002, he famously wrote to the governors of the northern states, urging them to ensure that Sharia law was applied in a way that did not discriminate against Muslims for being Muslims or violate the principles of equality before the law. He had made this statement against the backdrop of some judgements delivered under Sharia law that were brazenly discriminatory against Muslims. Notably, in one of the judgement, a lady, Amina Lawal, was sentenced to death by stoning for giving birth outside wedlock. This was no small feat, and it took a man of immense courage and conviction to take such a critical stand. He famously wrote thus, “A Muslim should not be subjected to a punishment more severe than would be imposed on other Nigerians for the same offence and equality before the law means that Muslims should not be discriminated against.”
Then he became Minister of Solid Minerals. While holding that second sensitive ministerial portfolio, it appeared as if the universe had not had enough of his sheer brilliance.Agabi was again reappointed Attorney General of the Federation and Minister of Justice in 2002, following the tragic assassination of Chief Bola Ige. This second appointment was a testament to the trust and confidence that the nation had in his abilities. And once again, he valiantly rose to the occasion, navigating the complex legal and political challenges of the time with the same grace and effectiveness that had marked his first tenure.
“Success is not final, failure is not fatal: It is the courage to continue that counts.” -Winston Churchill
His time as Attorney General was marked by several high-profile cases and legal battles, many of which tested the very fabric of Nigeria’s legal system. But in true Agabi fashion, he faced these challenges head-on, armed with nothing but his sharp mind, his intellect, deep sense of justice and, of course, that signature wit. In March 2002, Kanu wrote in a letter to Nigerian state governors that the application of strict Islamic or Sharia law was unconstitutional, since some judgments passed under Sharia discriminated against Muslims. That month, Amina Lawal, a young Nigerian woman accused of giving birth to a child out of wedlock was sentenced to death by stoning, a punishment that was confirmed in August 2002 by a Shari’ah court of appeals in Funtua, Katsina State. Kanu came under immense pressure from Amnesty International to abolish the death penalty in Nigeria.

In May,2003, the Attorney General urged a Federal High Court in Abuja to order the arrest of the National Assembly leadership, and to imprison them for contempt of the court. He appealed to the court to set aside the anti-graft bill which the National Assembly had passed into law despite a presidential veto.
Nigeria had not had enough of him as Obasanjo again appointed him Special Adviser on Ethics and Good Governance. At the 2005 National Political Reform Conference where I first met Agabi,I headed the drafting sub-committee that knocked together matters agreed upon by the Civil Society Committee. Agabi’s paper on ethics and morality was a magnum opus; a nullus secundus. It was a reservoir of knowledge about ethical resurgimento and renaissance. He made his points without being fussy, dictatorial or overbearing.
A LEGACY WOVEN IN SWEETNESS
“The legacy of heroes is the memory of a great name and the inheritance of a great example.”- Benjamin Disraeli.
If you ever wondered what it is like to leave a legacy that stands the test of time, just take a look at Kanu Agabi’s trajectory.His contributions to Nigeria’s legal and political landscape are like threads woven into the fabric of the nation’s history. But what makes his legacy truly sweet, pun intended, is the way he has touched the lives of so many, often in ways that go beyond the courtroom.
Take for example, his mentorship of young lawyers. Agabi did not just blaze a trail; he made sure that others could follow in his footsteps. He has mentored countless legal professionals, many of whom have gone on to become giants in their own right. And he did it not with an air of superiority, but with the humility and generosity that have always defined him. Humility? He wears it like a second skin.
“You make a living by what you get, but you make a life by what you give.”- Winston Churchill
And let us not forget his philanthropy. Remember the Trinity Towers in Abuja? That massive complex he built to house law firms, many of which operate rent-free? It is just one example of how Kanu Agabi, gives back to the society. He does it gladly. But here is the kicker; he did not just stop at providing office space; he makes sure that lunch is served free to everyone in the complex from Monday to Friday. The food is cooked in his Asokoro home and taken to his office at Mabushi, Abuja. Now, if that is not sweet, I do not know what is!
Chief Agabi’s generosity extends to education as well. He has funded scholarships, built schools and supported various educational initiatives, particularly in his home Ogoja region of Cross River State. His goal has always been to ensure that the next generation has the opportunities that he had,or better opportunities that he could only imagine or dream of as a young boy in Adim Village, but could not have.
“The function of education is to teach one to think intensively and to think critically. Intelligence plus characterthat is the goal of true education.”- Martin Luther King Jr.
But perhaps what I admire most about Chief Agabi is his unwavering belief in the importance of integrity in leadership. He once said, and I quote, “There is nothing wrong with our Constitution. Even if it is a broken-down vehicle, it is the vehicle that we have. However good the Constitution is, it is not a self-enforcing document; it requires good people to enforce it.” Truer words have never been spoken.
This belief in the power of the Constitution and the need for ethical leadership has been a guiding principle throughout his career. It is what has made him not just a great lawyer, but a great man. And it is why his legacy will continue to inspire long after we’re all gone. While I share Agabi’s beautiful espousement of the imperative of integrity in leadership, I humbly disagree with him (and we have done this countless times),on his stance that there is nothing wrong with the 1999 Constitution. Sir, everything is wrong with it. The fact of its being defacto does not make it dejure. It is an illegitimate document, a mere schedule attached to Decree No. 24 of 1999. It does not derive any legitimacy from the Nigerian people through a popular plebiscite or referendum such as to make it home-grown and autochthonous. His allegory of the broken-down vehicle is very apt here. When the knocked engine of a vehicle defies all repairs and solution, you discard it for a brand new serviceable vehicle,rather than continually pour water in a basket.Such is with our illegitimate (not illegal) Constitution. No referendum was carried out on the Constitution as the Midwest Region did on 10th August, 1963 to exit Western Region.Series of referendum have been carried out by many countries across the world to give their Constitutions legitimacy – Iran, Iraq, South Africa, Egypt, Tunisia, Algeria, Denmark, Switzerland, Indonesia, Singapore, Malaysia, Eritrea, Australia, Belgium, Brazil, Bulgaria, Canada, Austria, Chile, Columbia, Ethiopia, Germany, Greece, India, Italy, Iceland, Morocco, Namibia, Russia, Romania, Spain, Sudan, Sweden and Zimbabwe. The list is countless. That is the only way to go.Merely trimming the branches of a tree that cracks the wall of your house ( serial amendments of the Constitution) can not stop the cracks. They will widen. The solution is to uproot the entire tree,roots and branches. Nigeria needs a people-driven Constitution, owned by them and legitimised by them.
THE SWEETNESS OF JUSTICE
“Justice delayed is justice denied.” – William E. Gladstone
Kanu Agabi is a man who has spent his entire life ensuring that justice is not just a concept, but a reality for all Nigerians. His legal career, marked by numerous high-profile cases, has consistently demonstrated his commitment to fairness and equality before the law.
One of the most notable moments in his career was his defence of human rights during his tenure as Attorney General. He was a vocal advocate for civil liberties, and he made it clear that the government had a duty to protect the rights of its citizens. His work earned him respect both within Nigeria and on the international stage, where he was recognized as a champion of human rights.
“The arc of the moral universe is long, but it bends towards justice.” – Martin Luther King Jr.
His stance on legal reforms was not just about changing laws; it was about changing lives. He understood that the law must serve the people, and he was relentless in his pursuit of a legal system that was fair, just, and accessible to all. His efforts in promoting legal reforms, particularly in the area of human rights, have had a lasting impact on Nigeria’s legal landscape.
But Agabi’s legacy is not just about the cases he won or the reforms he championed. It is about the people he helped, the lives he touched and the example he set for future generations. He has shown us that the law can be a force for good, that it can be used to protect the vulnerable, to challenge the powerful, and to bring about meaningful change. Sapara Williams (“A lawyer lives for the direction of his people and the advancement of the cause of his country”); and Professor Dean Rosco Pound (“Law must serve as an instrument of social engineering”) must be very proud of Agabi from their cold graves.
THE SWEETNESS OF MEMORY
As I reflect on the life and legacy of Chief Kanu Agabi, SAN, I am reminded of the many ways in which he has shaped not just the legal profession, but the lives of those who have had the privilege of knowing him. Whether it is through his mentorship, his philanthropy, or his unwavering commitment to justice, Chief Agabi has left an indelible mark on the sands of time.
And for me, the memory of that day in his office when he handed me an iPad, my first iPad ever, will always be a reminder of his generosity, his forward-thinking nature and his ability to make everyone around him feel valued and appreciated.
“What you leave behind is not what is engraved in stone monuments, but what is woven into the lives of others.” – Pericles
Sir, I will never forget that early February,2024 encounter in your office when in the course of our discussion, you broke down and wept like a baby,just to push across a point to me. I got the point. And it changed a lot of things about my perception of life. I thank you sir.
“A great man is one who leaves others at a loss after he is gone.”- Paul Valery
Agabi is a man who will be remembered not just for what he achieved, but for how he achieved it. His legacy is one of sweetness of kindness, generosity and a commitment to making the world a better place than he met it. And in the end, that is the greatest legacy of all.Chief Agabi and I have clashed in many cases (both civil and criminal).And he has equally led me in many. In all these, he displayed uncommon humility and mentorship. Many a time he left me to handle the very sensitive cases because in his usual words, “Brother Mike, you are more than competent and capable to handle this case; my absence will mean nothing”. “Brother Mike”; yes,you heard me right. He does not just call me Mike,which he is eminently entitled to, but must add ” Brother”. Thank you sir for your confidence in me. Thank you for your humility.
So here is celebrating Chief Kanu Agabi, SAN, CON,a man whose names means sweetness and awe, and whose life has been a testament to the power of living with integrity, purpose, dignity and a deep love for humanity. His story is one that will be told for generations to come, and his legacy will continue to inspire long after we are all gone. This ode may have come a little late in celebrating your 78th birthday (9th July, 1946). But sir, please, forgive me, as you would always say in court whenever you want to enrapture judexes you appear before with your booming baritone voice . Forgive me sir.

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Opinion

Grandma Wikina at 90: A testimony in steely resolve

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By Tunde Olusunle

Just days after the end of the Nigerian Civil War in January 1970, disaster struck in the home of Wikina-Emmah in Kono at the heart of Ogoniland in Rivers State. Ebenezer Saro-Wikina, eldest son of Wikina-Emmah, suddenly passed. The Ogoni were among the nationalities affected by the civil war. Multitudes from the ethnic group previously sought refuge in the area delineated as Biafra by the secessionists. They were glad to return to their ancestral homes at the end of hostilities. Ebenezer Saro-Wikina went through the stress and drudgery of “crossing the Red Sea,” literally.
He got back to his roots but sadly passed within days. The painfully departed Ebenezer was married to Grace Wikina and together they had five children. The 36-year old Grace Wikina at the time had to confront the grim reality of raising her two sons and three daughters, all by herself.

“Mummy,” Mama or “Grandma” as she’s variously addressed, turned 90 on Sunday December 1, 2024. It is a fitting opportunity to celebrate this peculiar yet unsung matriarch. In consonance with her name, “Grace,” Mama has been graced by God, strengthened and preserved especially through the past 56 years, playing father and mother to five children. They have turned out successfully in their separate endeavours before her very eyes. They have also blessed her with numerous grandchildren and great grandchildren. Serial arrivals of newborns have kept Mama delightfully engaged, running the motions of *omugwo* ever so often. She’s eternally available to help with postpartum care for her children and daughters-in-law, after childbirth. This is a cultural practice long popularised by the Igbo nationality of South East Nigeria. It is seems standard Nigerian, maybe African practice though, known by other qualifications.

My classmate, good friend and brother, Blessing Barikui Wikina, one of Mama Wikina’s children it was who engendered the earliest engagements between my family and the Wikinas. Blessing is Mama’s second child behind Bright Wikina. Margaret Keaniabari Wikina; Anita Dorathy Dunubari Mojekwu and Aniekan Baribefe Faith Nnadozie, are Blessing’s siblings from Mama. His half-siblings, Mama’s stepchildren include Nwifii Wikina; Barido Wikina; Sonny Wikina and Ekama Helen Wikina. At the point of registration as a direct entry student at the University of Ilorin in the “harmattan semester” back in 1982, I met a core of like-minded classmates at various registration stops. Those were not the days of the internet or e-learning as yet, where you could enrol for studies online from any part of the world, take your courses via the same medium, write your examinations and also get graded, virtually.

Members of my small circle of freshmen would subsequently share the same hostels, nurture similar extracurricular interests and proceed to become non-biological siblings for life, up till this day. The core of that team featured: Gbenga Ayeni, a professor of journalism at the East Connecticut State University, (ECSU), in the United States; Dapo Adelegan, a hardworking multipreneur and Bisola Segilola Oluwole, a sterling businesswoman. Wikina, who retired as Director from the Rivers State Civil Service, and Folake Obe-Olawuyi, were in the group. Folake was the daughter of the renowned Nigerian photojournalist, Peter Obe, who was on the frontlines of the Nigerian Civil War between 1967 and 1970, documenting the 30-month engagement. Sadly, we lost Folake a few years ago to the COVID-19 scourge early 2021.

My family lived in Ilorin at the time while the families of most of my friends lived elsewhere, in Lagos, Makurdi, Port Harcourt and so on. They adopted our Ilorin abode as theirs and usually stored their belongings in our place whenever it was holiday. During our usual banters, I would rub it in that I was their “guardian” in Ilorin and they were bound to be of good behaviour! It was my self-appointed responsibility to visit the university regularly while they were away, to keep tabs on information beneficial to us all. Hard copies of results of the previous semester’s examinations and similar updates were unfailingly pasted on the noticeboards of various departments and faculties. We had a land-line in our family house so I usually called to brief them.

In the course of one of such checks after our final examinations in 1985, I discovered there was an error of computation in Wikina’s results. This could possibly cost him an additional academic year. The land-line Wikina left with me was malfunctioning. I couldn’t reach him and there was no alternative. I couldn’t contemplate having one of my closest friends repeating a year in university by no fault of his. I discussed the impasse with my parents who of course knew all my friends. I sought their blessings to travel to Port Harcourt, to save my friend from the careless oversight of some non-academic staff. My parents approved and funded my trip. So, off I left for Port Harcourt on my first visit ever, that day in July 1985. I knew the address of the Wikinas by heart, like I did the addresses of everyone else. In our usual, regular exchanges, it was common for us to celebrate the characteristics of our home bases. Lagosians typically pride themselves as the smartest and toughest. I would remind them I was raised in the bristling Benin City, home of daredevil toughies. Wikina serenaded us with salivating stories about Port Harcourt, the idyllic “Garden City.”

So, here I was at No 3, Wogu Street, D’Line, Port Harcourt, home of the Wikinas. I introduced myself to the mother of the house who set aside everything she was doing to receive this friend of her son who she had heard so much about. By this time, neither Blessing nor anyone else knew my mission. I kept asking about Blessing’s whereabouts. Mama did all she could to make me feel at home offering me water and beverages. Blessing finally showed up. You could see the sense of agitation on his face when he came face to face with me. He had gone to play set, a “five-a-side” football variant, popular in the neighbourhoods and institutions of learning. My face was the least he expected to see in Port Harcourt. Ol’ boy, wetin happen na, he queried in apprehension…

Tears streamed down the cheeks of Mama Grace Wikina when Blessing relayed the purpose of my visit to her. Following the 1970 demise of her husband, Mama secured a job in the Rivers State Civil Service. With her meagre earnings she trudged on, focused on raising her children to be disciplined, God-fearing, focused and hardworking. Part of Blessing Wikina’s way of supporting the exertions of his widowed mother was to join the civil service, even before he pursued university education. One could only imagine just how broken Mama would have been if Blessing could not graduate on schedule…

Mama attended the convocation ceremony where Blessing and I graduated with honours in Unilorin, in October 1985. Mama and her small delegation to the event stayed in our house in Ilorin. This further consummated the growing relationship between the Olusunles and the Wikinas. Upon completion of her National Youth Service Corps, (NYSC) in Calabar in 1992, my fiancée at the time, my wife of over three decades now, secured a job with the Port Harcourt branch of CSS Bookshop. I encouraged her to take it so she could begin to build up her work experience. But there was a challenge: accommodation. I called Mama and told her my wife-to-be was in need of a place to stay having just secured a job. “I will vacate my room for her if we cannot find space for her. When is she resuming,” was Mama’s most touching response. My younger sister, Lydia Osasere-Omoruyi got posted to Port Harcourt for the NYSC shortly after my wife moved in. This heightened accommodation concerns at the Wikina’s. Mama the tough matriarch dislodged Blessing from his own room and settled her in!

Years back, Mama Wikina came into Abuja with members of the family for an event. They attempted to “sneak” into a hotel so as “not to bother us.” They were “busted” and happily rerouted to our place, even if it meant we as hosts had to fling duvets and mattresses on the floors of our living rooms within the period of their visit. My son was posted to Rivers State for the NYSC, shortly after this visit. He was received by Blessing Wikina from the Port Harcourt airport and settled in to catch his breath in Blessing’s home for a few days. He was subsequently taken to the NYSC camp in Nonwa-Gbam, in Tai local government area by his host and uncle. Such is the story of the archetypal “handshake across the Niger River,” between the Olusunles of Okunland in the savannahs of Nigeria’s North Central, and the Wikinas of Ogoniland in the wetlands and creeks of the South South. This was the Nigeria we knew, the lost motherland, fittingly bemoaned by the legendary novelist, Nigeria’s own Chinua Achebe in his seminal treatise titled *There Was A Country: A Personal History of Biafra, published in 2012.

The Wikina family has scheduled a thanksgiving service for 10am at Methodist Church, Mbonu Street, D’Line Port Harcourt on Saturday December 7, 2024. This will be followed by a grand reception at The Authograph Event Centre, on Sani Abacha Road, GRA Phase 3, also in Port Harcourt. A grateful Mama Wikina will be surrounded by her siblings, children, stepchildren, their spouses, grandchildren, great-grandchildren and family extensions cultivated over time and geography. We join in praying for good health and more years on earth for a spectacular woman. Congratulations, Mama N’Court, one of Mama’s pet names, which alludes to her being spouse to Ebenezer Saro-Wikina whose father was a colonial era court interpreter.

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

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Opinion

Tax Reforms Bill: Addressing Legacy Laws, Streamlining Administration, and Balancing Derivation Concerns

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Yisa Usman

By Yisa Usman FCA, FCTI

The proposed tax reforms mark a transformative moment in Nigeria’s fiscal evolution, focusing on modernization and addressing challenges rooted in outdated pre-colonial tax laws and redundant systems that burden businesses and individuals. These reforms aim to streamline tax administration and improve Value Added Tax (VAT) processes, providing a pathway toward equitable revenue distribution and fiscal decentralization. However, while the potential benefits are substantial, addressing significant challenges and equity concerns is critical to ensuring the reforms achieve their objectives.

A comparative analysis of Nigeria’s tax system against those of countries like Kenya, the United States, and other nations with comparable political structures reveals stark disparities that emphasize the critical need for reform. These nations have leveraged robust tax frameworks to achieve significant economic growth, foster local economic activities, and ensure a more equitable distribution of national resources, outcomes that starkly contrast with Nigeria’s performance. In Nigeria, outdated legislation, inadequate tax assessment and recovery system, and systemic corruption have created inefficiencies and exacerbated inequalities. The lack of effective mechanisms to optimize tax revenue further hampers the nation’s fiscal sustainability and economic competitiveness, making comprehensive reform an urgent necessity.

Nigeria’s reliance on antiquated tax laws has long hindered administrative efficiency and equitable resource allocation. These reforms seek to modernize the tax framework, aligning it with global best practices to foster economic development and decentralization. Key objectives include streamlining administration to eliminate duplicative tax practices, centralizing data to enhance accuracy in tax derivation and remittance, and empowering states to take greater responsibility for revenue generation and allocation, in line with the principles of fiscal federalism.

The proposed increase in derivation weight from 20% to 60% introduces a dual-edged dynamic. On the one hand, it incentivizes states to boost local economic activities and align revenue allocation with consumption patterns. On the other hand, it raises concerns about exacerbating existing inequalities, with states like Lagos, Ogun, Rivers and Kano poised to benefit disproportionately due to their robust economic bases, while resource-poor states may face disadvantages.

The reforms are supported by compelling arguments, including their potential to decentralize economic development by motivating states to leverage local resources and attract investments. The allocation of a larger revenue share to states promises improved infrastructure and public services, particularly in states that prioritize economic growth. Additionally, by leveraging technology to track consumption patterns, the reforms should enhance transparency and fiscal responsibility.

Nonetheless, the reforms face significant challenges. A heavy reliance on derivation risks marginalizing less affluent states, deepening socio-economic disparities. The reforms’ implementation will require extensive data collection and systemic upgrades, posing logistical and financial challenges. Furthermore, the reduction in population-based allocations from 30% to 20% could generate social and political tensions in densely populated states struggling to meet citizens’ needs.

To balance these opportunities and risks, several recommendations are essential. First, the derivation weight increase should be phased in, starting with a modest adjustment from 20% to say 30%-40%, allowing states and corporations to adapt gradually. Second, a centralized, dynamically updated tax database is critical for accurate derivation tracking and dispute reduction. Third, a revenue equalization mechanism, such as a stabilization fund, can support economically weaker states during the transition. Fourth, capacity-building initiatives should equip state tax authorities with the necessary skills and resources to manage the new system effectively. Fifth, standardized procedures for VAT collection, derivation tracking, and dispute resolution should be established to ensure consistency across states. Finally, fostering public engagement with stakeholders, including state governments, businesses, and civil society, will promote transparency, address concerns, and build collective ownership of the reforms.

These reforms not only resolve immediate administrative inefficiencies but also lay the foundation for a more equitable and sustainable fiscal system. By addressing pre-independence legacy laws and fostering economic accountability, Nigeria has an opportunity to position itself for inclusive growth, ensuring all states contribute to and benefit from national development. However, achieving these outcomes requires a careful balance between incentivizing derivation-based revenue sharing and providing mechanisms to support resource-poor states. With a focus on equity and efficiency, the reforms can establish a tax system that empowers businesses, strengthens states, and improves the living standards of citizens across the federation.

Yisa Usman is a Fellow of the Institute of Chartered Accountants of Nigeria (ICAN), a Fellow of the Chartered Institute of Taxation of Nigeria (CITN), and a doctoral candidate at the Nigerian Defence Academy, Kaduna

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Opinion

EFCC vs Bello: Trivialising corruption allegations

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By Ehichioya Ezomon

In my November 18, 2024, article entitled, “That ‘fake’ Sanwo-Olu vs EFCC suit: Whodunit it? Who sponsored it?” I held that snapets from the Economic and Financial Crimes Commission (EFCC) moves to investigate, arrest, detain and prosecute ex-governors “are telegraphed a few months or weeks before they bow out of office,” so giving them the jitters to “either begin to express being squeaky clean, alleging political witch-hunt or daring the EFCC to carry out its threat to make them account for their stewardship.” 
I however observed that lately, the anti-graft agency’s threat against former governors “has become mostly academic, and the norm rather than the exception,” adding that, “it appears some ex-governors now relish being dragged by the EFCC, at least, as a way to keeping themselves in the news after missing the years of free spotlighting.”
Former Governor Yahaya Bello of Kogi State has mostly proved these assertions right, even as he finally presented himself to the EFCC for “arrest and detention,” and arraignment and prosecution for alleged looting of Kogi’s resources during his eight-year tenure in office (2016-2024).
For months, Bello’s engaged in a hide-and-seek, only to suddenly show up at the EFCC headquarters in Abuja on September 18, and yet wasn’t booked, interrogated, or detained – as he’s on the wanted list of the agency and the courts – but with the commission reportedly asking him to leave and come back at a later date. Why?
EFCC’s intel reportedly indicated that Bello’s prepared for a showdown, having allegedly stormed the premises with armed details. Thus, the authorities tactically allowed him to while away for hours in one of the offices. Indeed, EFCC’s later efforts that night to arrest Bello at the Kogi State Government Lodge in Asokoro, Abuja, were allegedly thwarted by his armed guards.
Bello, facing a couple of EFCC’s alleged fraudulent cases in courts in Abuja, continued in his disappearing act, while the commission failed in its attempts to force his trial – in absentia – before Justice Emeka Nwite on October 30 at the Federal High Court in Abuja, where Bello’s facing a 19-count charge for alleged laundering of N84bn.  
But on November 26, Bello – billed for arraignment since April 2024 – reappeared at the EFCC headquarters in Abuja, and this time, the agency “detained” him overnight in the facility he’d avoided for months, as he shunned invitations and court summons to answer for his alleged looting of resources during his governorship of ‘The Confluence State’.
And on November 27, the EFCC arraigned Bello and two others – Shuaibu Oricha and Abdulsalam Hudu – before Justice Maryanne Anenih of the Federal Capital Territory (FCT) High Court in Maitama, Abuja, on a 16-count charge for conspiracy, criminal breach of trust and possession of unlawfully-obtained property, amounting to N110.4bn.
After some legal fireworks over bail for the three defendants between the lead counsel for the accused, Joseph Daudu (SAN) and the EFCC, Kemi Pinheiro (SAN), Justice Anenih adjourned ruling on the application to December 10, and directed that the defendants should remain in the EFCC custody.
This notwithstanding the EFCC administrative bail granted to Oricha and Hudu, which Pinheiro argued had expired in October, but with Daudu pointing to a fresh application of November 22, based on the fact that the defendants deserve their liberty on the presumption of innocence until they’re proven guilty, as alleged.
Meanwhile, Bello certainly was in a celebratory mood when – for the first time in over seven months of a cat-and-mouse game with the EFCC – he’s docked for the alleged N110.4bn theft of Kogi’s resources. Dressed in a pair of contact lenses, and a light sky-blue attire, Bello, amidst a throng of aides and political associates,  walked energetically through the expansive premises and into the courtroom of the FCT High Court.
As he covered the distance from the parking lot to the courtroom, Bello’s all smiles – as he turned right and waved with the right hand, and then turned left and waved with the left hand – to acknowledge greetings and cheers from his supporters, many of whom sandwiched him into the court, where he continued to return courtesies even while in the dock to plead not guilty to the charges preferred against him.
Perhaps to Bello, his arraignment was a moment to savour, and bask in the frenzy of journalists and EFCC’s operatives scrambling to capture and record his every posture and every gesture as evidence, and for prime-time broadcast and publication in the mainstream and online media.
A similar scenario played out on November 29, at the Federal High Court in Abuja, where Bello couldn’t take his plea, and had to “stand for himself” in the absence of his lead lawyer in the suit, Abdulwahab Mohammed (SAN).
With well-armed security operatives falling over themselves to dominate the court premises, Bello, with a more somber mien this time, and accompanied by aides, supporters and operatives of the EFCC, still walked briskly into the courtroom, with the door quickly closed behind him. 
Once inside, as reported by PUNCH ONLINE, Bello told trial Justice Emeka Nwite that he won’t take any plea, as he’s only made aware of his arraignment in the night of November 28, and couldn’t get across to his lawyer, Mohammed (SAN). This prompted the judge – in the interest of fair hearing – to order that Mohammed be put on notice for the adjourned date of December 13, and for Bello and his co-defendants to be reminded in the EFCC custody.
The EFCC lawyer, Pinheiro (SAN), attempted to convince Justice Nwite to commence the trial without Bello’s counsel, arguing that, “What the law requires is the presence of the defendant, not the presence of his lawyers.” 
This was reportedly a rehash of a similar argument at the sitting on October 30, when Pinheiro requested that the court proceed with the trial. Noting that two witnesses were present and ready to testify,” Pinheiro suggested that the “court enter a plea of not guilty on Bello’s behalf and commence the trial.”
But as in that prior instance, the judge turned down Pinheiro’s entreaty on November 29, citing Bello’s right to a fair hearing, and reminding the EFCC lawyer that, at the October court session, the matter was adjourned to January 21, 2025.
“The matter came up on the 30th of October 2024. It was adjourned to 21st January 2025. From the statement of the defendant, his lawyers are not aware of today’s (November 29) date. In the interest of fair hearing, I will not proceed for arraignment,” Justice Nwite said.
“This matter is peculiar in the sense that we have already agreed on a date, which is in January. It will be unfair if the matter is taken without the defendant’s counsel. It would be a different thing if the defendant had no counsel.
“Since the defendant has said his counsel is not aware of today’s proceeding, I am of the view that a bench warrant cannot be sacrificed on the altar of fair hearing. The defendant deserves to be represented by counsel,” the judge added.
After the court waited for 45 minutes, “but with no sign of the defence counsel,” Justice Nwite adjourned the matter, directed that Bello remain in the EFCC custody until the next hearing on December 13, and granted Pinheiro’s application for “new date hearing motions and possible arraignment to be served on the defendant’s counsel.”
As the clock ticks towards December 10 at the FCT High Court, and December 13 at the Federal High Court both in Abuja, will Bello and his co-defendants get a bail reprieve, or be further remanded in the EFCC custody, or sent behind bars at one of Nigeria’s capital city’s jail houses, to spend the Yuletide season there? Such would be a canny experience the ex-governor had fought strenuously for months to avoid!

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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