By NJ Ayuk, Executive Chairman, African Energy Chamber

The curtailment of Russian natural gas deliveries is a source of anxiety for the European Union — and rightly so, given that the bloc has been far too dependent for far too long on Gazprom, a majority state-owned Russian company that serves as a de facto instrument of policy for the Kremlin. But this anxiety is also a source of potential for African gas producers, as it’s driving European consumers to look elsewhere for fuel.

This search has drawn attention to a number of African gas projects that are likely to help Europe in the future, particularly as the EU looks to make a permanent shift away from dependence on Russian gas. Both Tanzania and Mozambique, for example, are planning large-scale offshore development schemes that will support liquefied natural gas (LNG) plants capable of sending large volumes of fuel to European markets toward the end of the decade. The Republic of Congo hopes to fast-track a medium-scale modular project that may begin production a few years sooner. Meanwhile, there are other greenfield initiatives under discussion in Mauritania and Namibia, and several international majors have banded together to bring new fields online to facilitate LNG production in Angola.

These projects are all exciting and new.

For the time being, though, they’re not going to have much concrete impact on the European energy balance.

That’s because they can’t.

They’re not ready yet.

The Timeline for African Gas

These projects have great potential, but their potential is yet to be realized. In countries such as Tanzania and Mozambique, we know the gas is there because international oil companies (IOCs) have seen it, measured it, analyzed it, and tested it; they just haven’t time yet to drill all the development wells and build all the infrastructure needed to extract it and turn it into LNG for export. In the Republic of Congo, we know the gas is there, and the Italian major Eni is already extracting it — just not on a scale that can immediately serve buyers in Europe or local power plants.

These obstacles can be overcome. The gaps can be filled in, the wells drilled, the pipelines connected, the gas liquefaction plants constructed, the tankers chartered. But it will take time — years, not weeks or months — to arrange the necessary financing, sign the necessary contracts, gather the necessary materials, and so on.

This doesn’t mean, though, that Africa can’t play a role in helping the EU shed its reliance on Russian gas in the short term. Absolutely not!

The Importance Of Existing Capacity

But much of that assistance, at least in the short term, is going to come from existing capacity, that is, from the places in Africa that are already turning out gas for export to Europe. Above all, it’s going to come from these three countries: Algeria, Egypt, and Nigeria, which will account for fully 80% of African gas yields between 2022 and 2025, according to the African Energy Chamber’s State of African Energy Q2 2022 Report, drawn up in consultation with Rystad Energy. (Algeria, Egypt, and Nigeria will also account for about 60% of the continent’s total LNG production capacity during the same period, even as construction moves ahead on new facilities, the report says.)

These three states are already known to be the largest gas producers in Africa. According to the 2022 edition of BP’s Statistical Review of World Energy, they accounted for just a bit over 83% of the 257.5 billion cubic meters (bcm) of gas extracted in Africa in 2021 (for context, that’s roughly the equivalent of all of the gas consumed by Iran in one year), with Algeria contributing 100.8 bcm (or more than 39% of the total), Egypt 67.8 bcm (more than 26%) and Nigeria 45.9 bcm (nearly 18%).

What’s more, they also account for the vast majority of Africa’s gas liquefaction capacity of about 75.3 million tonnes per annum (mtpa), with Algeria contributing 29.3 mtpa, Nigeria 22.2 mtpa, and Egypt 12.2 mtpa. Algeria and Egypt have the only operational LNG plants in North Africa, while Nigeria is home to a plant that makes up nearly 66% of sub-Saharan Africa’s total LNG production capacity of 33.8 mtpa.

Algeria, meanwhile, doesn’t just have LNG; it also has pipelines. It’s already using two of them — the Medgaz and TransMed systems — to pump fuel directly to Spain and Italy across the floor of the Mediterranean Sea. Together, these two pipes are capable of handling up to 40 bcm per year of gas.

The good news is that Algeria, Egypt, and Nigeria are already supplying a good bit of the gas that Europe has been using to supplement Russian supplies. Even better, they also have enough spare capacity that their plans for raising production within the next few years are realistic.

Shows Of Confidence

Italy’s Eni — and the Italian government, which has a controlling share in the company — is equally confident in these countries’ potential to help meet European gas needs, as evidenced by the decision to turn to Algeria and Egypt in the search for alternatives to Russian gas. Both Italian government officials and Eni executives have traveled to Egypt and Algeria since Russia’s invasion of Ukraine in late February to negotiate and sign new supply deals.

Likewise, French oil major TotalEnergies recently extended its commitment to a project in Algeria’s North Berkine basin, partly with the aim of finding ways to export associated gas from its oil fields to Europe. They had good reasons to make these decisions — and good reasons to expect them to pay off in the near term!

It’s worth noting, of course, that Africa can help compensate for some of the difference and not all. It can’t serve as a substitute source for the entire volume of 155 bcm that Russia delivered to the EU in 2021! But it can play a key role in this process — and it doesn’t have to wait to start doing so.

By David Titiloye

A common denominator between politics and football is that each new season is always met with transfer of players from one club to another. Everyone celebrates the new additions to his or her team with hope that they will add value to the club but those who are able to improve their squad depth and sign players with proven experience and track record of delivery are said to have had a good transfer.

Such is the case in Kwara state today as the leading political parties have been reinforcing their base to bolster their chances in 2023. I however find it humorous that Governor AbdulRahman AbdulRazaq’s Team have lost a significant number of proven politicians on a free transfer despite helping them secure a victory in the last election yet they have been celebrating the arrival of paperweight politicians that are not even fit to make the Team B of their former parties.

Prof. Oba Abu, Hakeem Lawal, Sen Ajadi, Lukman Mustapha, Baba Akogun, Saheed Popoola, Lai Mohammed, Makama of Lafiaji, Alhaji Manko, Aysha Ahman Pategi, Sen. Gbemisola Saraki and a host of others have all deserted Governor Abdulrahman Abdulrazaq and everything remained calm in his camp.

Rather unfortunately, there were even jubilations on the cross carpeting of people like Alhaji Yeketi, Hassan Gegele, Bode Dway, Ahmed Omi and some politicians without political address in their respective domains to the Governor’s side. Trust me, I am as curious as Sun Tzu who wrote the “Act of War” on the tactics the Governor will deploy having lost most of his Lieutenants and Generals who delivered the mandate to him in 2019. Even Napoleon Bonaparte and Duke of Wellington who fought the “Battle of Waterloo” will be curious as Napoleon could have won that battle if it had not rained on that day.*

Nevertheless, every political event presents an opportunity for budding politicians like me to learn so I wish to share a few lessons with the newly found friends of AbdulRahman AbdulRazaq and its captured in a quote:

“When you align with the devil, don’t act surprised when you find yourself in hell”

The media space in Kwara state has been enamored with pitiful tales from the former associates of Gov. AbdulRahman AbdulRazaq who have recapped on how they were betrayed by the egoistical man they trusted and sacrificed everything for.

It started with Alhaji Lai Muhammed, to the NNPP, SDP, and YPP decampees ranging from Prof. Oba Abu, Saheed Popoola, Hakeem Lawal, Alhaji Gobir and many others, to the more recent victims within the same party, Sen. Ibrahim Oloriegbe and Sen. Makanjuola Ajadi.

Narrating his ordeal, Sen. Oloriegbe explained how the governor deceived him to believe they were still on the same page 3 days to the primary before backstabbing him. He also recapped on some of the efforts he committed when the going was tough between the yesterday Annigbas which majority of these players are now in SDP and Gov. AbdulRahman saying “I was the one that rallied the other 2 Senators’ (Kwara South and North) support for the Governor when there was division in the party. So, if he feels betrayal is the best way to pay me back, God will judge it between them.”

While Oloriegbe’s anguish didn’t elicit much sympathy from me, Sen. Ajadi’s recent outburst on radio Harmony FM appealed to my emotions as I felt the pain in his breaking voice and it reminded me of how it hurts to be betrayed. I hope Madam Saadatu Modibbo will find time to narrate her political carry over and will Jawondo queue behind this aggrieved camp within?

“Governor Abdulrahman Abdurazak asked me to contest for the Senate seat to represent Kwara South Senatorial district.
He said I am most qualified among all those aspiring to contest the Senate Seat.” – Sen. Ajadi on Harmony FM.

In the mouth of two or more people, the truth is established. The testimonies of those who laboured for the Otoge movement whose sacrifices have now been in vain only shows a consistent pattern of deception, mendacity, treachery, backstabbing, bared-faced lies, despotism, self-centeredness in Gov. AbdulRahman AbdulRazaq.

The fact that he could look these men in the eyes, yet deceive them after using them only shows that Gov. AbdulRahman AbdulRazaq is a user who will toss you away when you no longer serve his purpose, the idea of loyalty and reciprocity is alien to him. This behavioral pattern is evidenced in how he has governed Kwara state with lack of empathy to the plight of Kwarans who are in anguish due to his incompetence as governor.

APC in Kwara state is a sinking ship and if there is one thing AbdulRahman AbdulRazaq has demonstrated, it is the fact that he’s an egocentric person who will get into a lifeboat and watch others drown.

By High Chief Olawale Mogaji

Our attention has  been drawn to a disjointed write-up making the rounds in the social media obviously written by a well known stooge of the speaker whose inordinate ambition had beclouded his sense of reasoning and any regards for humanity.

It is nothing but a cheap propaganda and a justification of their illegitimacy. It is on record that other commissions from other states in the country came to the LAHASCOM to share knowledge.

The national assembly commission adjudged us years back as one of the best commissions in Nigeria. The declining fortune of our commission started when Obasa held up to our funds and started his draconian policies.

On the voice vote of the legislators which the write-up described as ‘vote of no confidence’, the matter was not even on the order paper for that day’s proceedings.

Anybody close to the assembly will testify that after the removal of the four principal officers of the assembly over one year ago, no legislator has the effrontery to object or query the speaker on any policy, he will turn such a person  to an enemy immediately.

Mudashiru Obasa smuggled the agenda on the business of the House towards the tail end of the day’s proceedings.

Contrary to the false claim of the faceless writer insinuating that the staff were jubilating over my ‘removal’, the situation in LAHASCOM was actually that of shock and grieve, even some cried. Since this incident happened, I had been bombarded with calls and messages while some visited me at home physically.

It may take some time though but surely, darkness will never overcome light!

By Ibrahim Zikirullahi and Armsfree Ajanaku

Although the dreadful Corona Virus outbreak that convulsed the world in 2020 appears to be receding, the devastation it imposed continues to stare governments and citizens in the face. For many Nigerians who found themselves in a state of hysteria and uncertainty, it appears that the worst of what was thought to be a nightmare virus has passed.

Many of the restrictions that were brutally enforced as necessary steps to combat the pandemic have now been substantially relaxed. The voices of pro-nationalist demagogues, who used their powerful political position to attack global cooperation and multilateral action as a sure strategy for containing the pandemic and its consequences, have also vanished.

Nonetheless, despite the current sense of relief, the stark inequalities and injustices exacerbated and precipitated by the pandemic remain. Even though the spate of travel bans, lockdowns and mandatory measures to beat back the pandemic may now be ebbing away, the same cannot be said of the political, economic, cultural and human rights realities imposed by the pandemic.

Even so, the haphazard, incoherent and uncoordinated responses of government at all levels in Nigeria have left many scars which would definitely take some time and the right antidote to heal.

A pertinent point for Nigeria’s civic sector is the need to look back and reflect on how the leading lights of the development sector reacted during those heady days of the pandemic. While some quickly assessed the volatility of the situation and withdrew their assistance, there were those who rightly concluded that what was required was not an exit strategy, but further investments to respond to the devastation caused by the pandemic.

The Chicago-based John D. and Catherine T. MacArthur Foundation certainly deserves full credit for recognizing that more resources would be required to address the deep-seated inequalities in the country, which had been further accentuated by the pandemic.

It was clear that in declining to backtrack on its commitments, the Foundation focused more on the plight of the poor, marginalized and highly vulnerable communities, whose realities had been made worse by the impacts of COVID.

Unlike many other foundations and development agencies, which quickly stopped funding for development assistance, as soon as the COVID began to do its damage, the John D. and Catherine T. MacArthur Foundation was perceptive enough to see the fact that it was a case of true friends helping friends in need.

True to its credo, which is driven by a strong commitment to building a just and verdant world, the Foundation provided technical and financial support to civic organizations in Nigeria in order to implement projects that would respond to the impacts of COVID in marginalized communities. This slew of interventions was dubbed “equitable recovery,” from the impact of COVID or its accentuation of previous inequities.

Equitable recovery also referenced the dire need for disempowered and historically marginalized groups to get the help they so direly need to recover from the challenges precipitated by the pandemic.

The intervention logic was thus to accept that, while the challenge of the pandemic affected everyone generally, there are citizens who fall into the bracket of the most vulnerable, whose livelihoods, civic voice and fundamental rights, have been eviscerated to the point of no return.

Providing the justification for its bold move to engage rather than retreat in the face of the devastation caused by the pandemic, the Foundation noted that creating more resilient, inclusive communities to combat structural racism, inequality, and the health crisis itself was central in its calculations.

As such, it noted that “the global COVID-19 pandemic has exposed deep racial and socioeconomic disparities and inequalities that take a disproportionate toll on Black, Indigenous, Latin, and Asian people.

“In this context, we identified an opportunity to improve the critical systems that individuals and communities need to thrive. We issued $125 million in social bonds to fund a one-time set of grants that support an equitable recovery by addressing the twin pandemics of COVID-19 and structural racism.” It is also worth noting that the Foundation’s strong interest in empowering marginalized citizens influenced the design and intrinsic character of the projects it approved for implementation.

One of the most important aspects of the work is assisting the Original Inhabitants (OIs) in the Federal Capital Territory (FCT). This aspect of the intervention aims to address the long-standing injustices and marginalization faced by the peaceful and hospitable indigenes of Abuja, whose lands were taken over by decree to make way for the Nigerian capital.

The project, led by the Resource Centre for Human Rights and Civic Education (CHRICED), has focused on strengthening organizational capacity and amplifying the voices of these neglected Nigerians.

To ensure that the needs of the most marginalized Original Inhabitants, such as youth, women, persons with disabilities (PWDs), and the unemployed are not overlooked, a number of the sub-grants awarded by CHRICED is focused on ensuring the participation of FCT Original Inhabitants in diverse economic sectors.

As of now, a total of 10 Original Inhabitants organizations are being supported with grants, as well as organizational capacity development assistance to enable them carry on effective advocacies to draw attention to the most pressing issues, including governance and service delivery challenges they face.

The organizations are; Abuja Original Inhabitants Youth Empowerment Organization (AOIYEO), Abiodun Essiet Initiative for Girls (AEIG), Association of Wives of FCT Traditional Rulers (AWTR), Centre for Environmental Sustainability and Development Awareness (CESDA), Centre for Transparency Advocacy (CTA), Helpline Foundation for the Needy, Socio Economic Research and Development Centre (SERDEC), the HipCity Innovation, Mairo Women Foundation Ushafa, and the FCT Original Inhabitants with Disabilities Multi-Purpose Cooperative Society.

The project on promoting the rights of the original inhabitants in the Federal Capital Territory has also ensured that the interests of the most vulnerable citizens, including people living with disabilities, are incorporated into the intervention. In terms of promoting the cultural rights of the Original Inhabitants in the FCT, the project has placed a strong emphasis on the cultural treasures and repositories of the people.

About a year into the project’s implementation, there is an ongoing cultural revival in the FCT, with growing interest in pottery. Pot making is an economic activity, which has huge comparative advantage for the Original Inhabitants in the FCT because it is a craft that they have a natural flair for.

Ladi Kwali, by the way, is one of the most recognized cultural figures in the FCT. Her fame stemmed from her enormous contributions, which put her community on the map through her exceptional pot-making skills. It’s no surprise that hundreds of young FCT original inhabitants have embraced pottery as a means of overcoming unemployment and contributing to the revival of their culture through the ongoing project.

Similarly, the Usafa Pottery Centre in Bwari, on the outskirts of the FCT, is rediscovering its role as a centre for pot making and other cultural activities. The space has aided economic empowerment and cultural awareness, particularly among women, youth, and PWD.

Other cultural treasures that have benefited from the project include the Asumbo cloth making craft, which is also being used as a basis for livelihood opportunities for youth and women in the FCT.

On the other hand, the Project of Promoting the Rights of Original Inhabitants in the FCT has focused on some of the most pressing human rights issues that are central to the welfare and well-being of the poor and vulnerable residents in the FCT. One of such emergencies is sexual and gender based violence.

According to UN Women, gender-based violence, which was already a global crisis before the pandemic, intensified at the height of the disruptions imposed by COVID. At the height of the pandemic, UN Women warned that “lockdowns and other mobility restrictions have trapped many women with their abusers, isolating them from social contact and support networks.”

It was also noted that increased economic insecurity has made it even more difficult for many women to leave abusive situations.

UN Women said: “COVID-driven economic and social instability will also increase the risk of child marriage, female genital mutilation and human trafficking. At the same time, the pandemic has exposed women leaders to backlash, resulting in online and offline threats, abuse and harassment. Violence against women leaders, regardless of position, can prevent them from carrying out their responsibilities.”

These realities also influenced the design of the project of Promoting the Rights of Original Inhabitants in the FCT, as part of the initiatives making up the MacArthur Foundation’s Equitable Recovery Cohort.

As a direct response to the observed increase in sexual and gender based violence cases during the pandemic’s peak, five women-led organizations have been awarded sub-grants and are currently implementing projects with various components addressing sexual and gender based violence.

Some of these organizations are tackling gender inequities from the purview of strengthening traditional justice systems, sensitizing women and girls, supporting government shelters, and providing women and young girls with livelihood opportunities.

Apart from the projects mentioned above, which are being implemented to address the decades-long marginalization of Original Inhabitants in the FCT, the MacArthur Equitable Recovery portfolio includes interventions in areas such as police reform, youth participation and vaccine confidence.

Nearly two years after the #ENDSARS protests, which convulsed the country in October 2020, the fundamental issue of how to reform and birth a citizen-friendly policing system has been the central focus of the police reform initiative of the Equitable Recovery.

CLEEN Foundation is implementing this aspect of the work with the goal of establishing a rights-respecting policing environment consistent with democratic values.

According to the project team, some of the major changes that have occurred as a result of the intervention include the establishment of a civil society led observatory on police reform for holding police officers accountable for their actions and inactions, an improved institutional posture for accountability through the Complaints Response Unit (CRU), which published its 2021 annual report and ensured disciplinary actions were taken.

The project has similarly documented what it described as conscious efforts by the executive branch of government to implement the #ENDSARS Five for Five demands, which were made in the aftermath of the protests.

Also connected to the aftermath of the #ENDSARS protests and an important part of the equitable recovery portfolio is the Nigeria Youth Futures Fund project, which has the goal of strengthening, supporting young people in youth leadership, active citizenship and social change.

The project, spearheaded by LEAP Africa and partners such as the Centre for Journalism Innovation and Development (CIJD), the Nigeria Youth Futures Fund (NYFF), and Organizing for a New Nigeria (OON), is also focused on engaging the youth through outcome-driven policy engagement and inclusive resourcing, allowing young people to shape national development.

So far, the project’s implementation has resulted in the voter registration of thousands of young people, as well as the funding of 50 youth-focused leadership projects across the country. According to project data, 341 tertiary institutions in Nigeria have received campaign messages and outreaches.

The last of the equitable recovery projects focuses on Vaccine Confidence; anchored by the Centre for Democracy and Development (CDD), the goal is to increase public confidence in the COVID 19 Vaccine and combat misinformation with accurate scientific data. So far the project has facilitated the development of accountability scorecards for the COVID-19 administration process.

It has also promoted mass campus vaccination drives in tertiary institutions. Part of the challenge encountered in the implementation of this project is the level of complacency among the Nigerian populace as a result of the relaxed disposition toward protocols and lax attitude to the dangers posed by COVID.

….Zikirullahi, is the Executive Director and Ajanaku, Programs & Communications Manager at the Resource Centre for Human Rights & Civic Education (CHRICED).

By Chief Mike Ozekhome,SAN.

Recently, in an unprecedented manner in the 58 years annals of the Supreme Court of Nigeria Nigeria, all the 14 serving Justices of the Supreme Court protested their horrific welfare and deplorable conditions of service to the Chief Justice of Nigeria ( CJN ).

In a world that has since become a global village, the memo leaked. Who did this to this revered institution? Who caused this national rockus and bedlam?

The CJN,taking the issues seriatim through Isah Ahuraka, his spokesperson, said replied inter alia, that the apex court does not exist outside the economic and socio-political environment in white which every the country has found itself. It affects the apex court just as it bites everyone.

The CJN may be right, based on facts available to him as the head of the third arm of government.However, it must be noted that the entire annual allocation meant for the Supreme Court is like a drop of water in an oasis.

That is not all. The N110 billion yearly allocation to the Supreme Court has not changed in the last four ( since 2018).This means that every year, in spite of the hyper inflationary trend which has become geometrical and not merely arithmetical, the allocation to the apex court remains static.

It also means that since the time when the exchange rate was about N180 to N250 to a dollar, which is today about N612 to the dollar, the apex court ‘s allocation has not changed. It also means that the Justices’ quality of life has thereby been receding, rather than appreciating.

These Supreme Court Justices are members of the same society that we live in and they reside in it. They have their wives and husbands to care for; they have their children and teeming dependants to take care of.

I do not believe that the CJN was arguing that because the parlous economy affects everybody, the Justices of the Supreme Court should perish. No. He may not have put it quite reassuringly.

What I expected the CJN to have done is to have balmed their oozing bruises; bandaged their bleeding economic sores and say ‘’Ok, I have heard you loud and clear.I am going to take up your complaints and champion your cause before the executive and legislative arms of government, arms that have turned themselves into rampaging bulldogs.

As the head of the Judiciary which is the third arm of the government, I will make sure that you have more allocation,your welfare enhanced and your life made better.’’ Sikena.

It was Alexander Hamilton in his Federalist paper number 78, who once said the Judiciary is the weakest of the three arms of government; and that it has neither purse, nor sword to enforce its judgments.

Are we going to say that the Judiciary should remain forever in doldrums, trampled upon by the two other arms of government? I think not. When I read about the entire annual allocation the Judiciary, I wept. My heart bled.

The entire allocation is like what some governors in this country simply pocket as security votes and walk away as if nothing has happened. The allocation is less than ¼ of what some ministries have in this country; and we have more than 30 ministries in Nigeria. Yet,we are talking about the head of the whole third arm of government – the Supreme Court.

Yet we expect these Justices to be aliens from another planet, may be from Saturn, Mars, Uranius, Neptune, Pluto,Mercury, Venus, or Jupiter so that they won’t be corrupt. We expect them to act like Archangel Michael or Angel Gabriel, who must not touch money with a ten foot pole, even when they are hungry and starved.

So, when we are crying that some Judges are corrupt, we also have to look at it from the angle of the rotten milieu within which they operate. Whilst not advocating for corruption ( God forbid; very far from it, because I believe that any corrupt element within the judiciary should be kicked out and dismissed after proper investigation and trial ).

I also believe that we must not allow a system where corruption becomes so attractive as to form a clear and present danger and become a fundamental objective and directive principle of state policy. We have a proverb in my language, which translates to say that you must keep away the white cloth from the palm oil, just the same way you must keep the palm oil away from the cloth.

If you bring an insect-infected piece of firewood into your house, you have requested for a visitation of a colony of lizards. So, you must not complain when you see a colony of lizards descend on you because you asked for it.

If you starve Judges and Justices, and you make them believe that they don’t matter and will never have a house to retire to, and some justices of the Supreme Court, in spite of the danger inherent in their job are renting houses inside towns, living amongst people, some of whom have been tried and jailed by these same Judges and Justices, then you are begging corruption to embrace them. You are not even giving them enough protection and security.

The society must not appear to be telling the Justices to either take it or leave it; to either kow-tow and agree with their present perilous, impoverished, sorry situation, or they resign. It should never be like that.

I expect the CJN to engage them more and pacify them. I want to believe that before they wrote that letter, they must have complained severally, and serially quietly in secret, in the underground, without being heard, or their complaints being remedied.

That must apparent apparently why they went so formal by writing that historic letter. Everyone knows the spirit of camaraderie that works in the Supreme Court and in all superior courts, where they have to hold several meetings to decide upon a case before a final judgment is written.

If that is the case, as I want to believe it is, the CJN must go ahead and take up their grievances and fight it through with the executive arm of government that is holding on to more than 70 per cent of our national resources,with the legislature holding on to the rest.

Have you not heard how much senators receive every month? Some receive between N10 million and N14 million every month. Compare that with Justices’ salary and those of Judges of High Courts, where Judges are receiving salaries of about N500, 000 per month, a sum that is not everyone even enough for local government chairmen to fuel their fleet of cars.

When you see some ministers or governors move, they go in convoys of between six and 20 vehicles. To fuel those vehicles alone is more than N500, 000 in a month.

If you treat Judges so shabily, then we must be ready to go and invite our Lord and Savior, Jesus Christ,who is sinless, to come and sit over judgment in Nigeria. This is why I support the case filed recently by Sebastian Hon (SAN).

I am part of that epochal case which came up about two weeks ago,asking for better salaries and welfare packages for Judges across board. I feel very sad that a critical arm of government that is dispensing judgment and justice; that is the sentinel that watches over our fundamental rights, the rule of law and over good governance, is so lacking of funds that it has become the whipping child.

So, I expect the CJN to take up this matter with the seriousness and urgency it deserves. The urgency of yesterday.

By David Titiloye

2019 will be remembered as the year in which Nigeria, particularly Kwara state witnessed the most dishonest and hypocritical campaign ever in our nation’s history.

A group of people hired a political strategy and media group reputed as of one of the foremost political mercenaries in Africa to set a deceptive narrative that our state was in political captivity and they were set to give us freedom while promising us an El dorado (legendary city of Gold) using the mantra “Otoge”.

Unfortunately, as evidenced by the reason ponzi and pyramid schemes continues to thrive in Nigeria despite the failures of MMM, Racksterli and others, these group of people known as Otoge crusaders preyed on the innocence of Kwarans and our inclination towards quick prosperity that defies the natural order of time and process.

We accepted their idea of Kwara becoming an El Dorado city with promises of paradise on earth, vast riches and abundant opportunities.

Little did we know that scholars, historians and archaeologists have long discovered that the legendary city called El Dorado never existed, it was all a fable and a myth, this is infact what Otoge has become in Kwara state, a *fable and a myth*; promises without delivery, many words devoid of substance, posturing without commensurate action.

The same things they vilified Saraki and PDP for has become the order of the day in less than 4 years of been in government. Injustice, incompetence, impunity has become entrenched in the governance of our dear state.

Three years after the 2019 elections, AbdulRahman AbdulRazaq is yet to transition to being a governor and an administrator, he has rather chosen to remain a politician who has turned the government house to his political fiefdom. He started off with a vindictive mission against Saraki (which was assumed to be politically permissible) and then proceeded to political-infighting with those who brought him into government hence kicking them to another party.

I took no interest in his shenanigans until June 9, 2022 when his penchant for injustice spread into Kwara South in cahoots with my representative, Hon. Tunji Olawuyi aka Ajuloopin.

Ajuloopin,who after failing to deliver on his mandate to Ekiti/Oke-Ero/Irepodun/Isin constituency assumed he was much lesser a failure than Senator Oyelola Ashiru and decided to wrestle him to Kwara South senatorial ticket, where he lost shamefully.

As a dishonorable person that he is, rather than accepting his defeat gracefully and congratulate the winner, he concocted lies about certain delegates not being allowed to vote and was pushing for a rerun with impending court cases.

After realizing his dream was fast becoming a hopeless venture, he chose to connive with the governor and the leadership of the party by ordering for a rerun for the Rep. ticket in which C.O Adebayo had been declared as the legitimate winner with other contestants congratulating him for winning an election that was fair and transparent.

This was the same template AbdulRahman deployed across all constituencies in the state by giving the party tickets to his stooges thereby becoming a first time governor assuming the status of a godfather.

Please help me ask AbdulRahman and Ajuloopin how someone who contested in the senatorial primary for Kwara South managed to participate in a rerun for the HOR election that already had a winner?, when was he screened?, where are the reports or petitions that the initial primary was marred by irregularities?

This is the injustice and impunity that has characterized the APC government in Kwara state and I urged all Kwarans and Kwara Southerners to resist these chalartans who have no regard for rule of law and legitimate processes.

If they can perpetrate such injustice against their party member who is a notable figure in the society, imagine the fate of an average Kwaran.

Resist your oppressors!!

Bayo Onanuga

I never wanted to write this story but I was inspired to do so today, following Buba Galadima’s interview with the Punch on Monday. Buba struck a chord when he spoke about the issue of trust in the relationship between Bola Ahmed Tinubu and Vice President, Professor Yemi Osinbajo.

You think Osinbajo should have given up his presidential ambition for loyalty to Tinubu?, Buba was asked.

He replied: “If he doesn’t, can you now trust him? If you look at how Osinbajo came with Tinubu and he’s now contesting against Tinubu who brought him, how safe would you be to work with such a person?

“If the man who did all this to someone who made him commissioner, made him this, made him that and he is now fighting him. You will now want to fight for him now, what would be your status later in life with him?”.

Just like Buba, I feel strongly that Osinbajo has grossly violated the trust that ordinarily should exist between him and Tinubu.

Contrary to the stories in the social media, I was the one God used to bring Osinbajo into Tinubu’s circle in January 1999.

Tinubu had just won the election as governor of Lagos State and days after, we met on the 6th floor of Kresta Laurel at Maryland, which Otunba Gbenga Daniel donated for our use. On this day, Tinubu shared with us some of the ‘certain’ appointments he intended to make. Those who were at the meeting were Otunba Daniel, Dele Alake and I.

Tinubu sat at the head of the table as he said he would make Rafiu Tinubu the Lagos State Head of Service. We argued over this and he justified the planned appointment by saying that Rafiu, who is now late, was a senior permanent secretary in the Lagos Civil Service.

“Attorney-General will be Bayo Oriola”, Tinubu said.

I shot back and said: ” I have a better person for you”, my exact words. Tinubu was startled by my interjection.

“Who is that,” he asked.

“He is a Law Professor and the man who drafted our company’s MOU. He crafted it in a brilliant way that protected us from the founding partners. Without this, the other shareholders would have thrown us out”, I explained.

I also said Osinbajo had worked with Prince Bola Ajibola, who was the Attorney-General and Minister of Justice under President Babangida.

Dele and Otunba Daniel did not oppose my nomination, surprisingly. Tinubu also appeared eager to meet the “wonder lawyer” that I have just sold to him, to replace a man, who had served as the lawyer to the campaign.

“Go and bring him”, Tinubu said.

Before the meeting ended, Tinubu also settled on his nominee for Information Ministry. It was to be Dele Alake and I said I would return to my office to continue journalism.

After the meeting, I went to Osinbajo’s house in Ogudu to invite him to meet the new governor, Bola Tinubu. I remember entering the apartment from the kitchen. The wife was there when I delivered the message and left the house with him, later.

I have never published this story before and hereby want to apologise to my namesake Bayo Oriola, for blocking what should have rightly been his entitlement, going by the role he played during the campaign. I hope Oriola would have the heart to forgive me.

This event happened 23 years ago. Thus a few days ago, I asked Alake to fill the memory gap. Here is what he sent to me from the U.S.

“I remember that day very well. I had actually mentioned Jebby ( Osinbajo’s nickname) to Asiwaju before that meeting. He said we’ll see. You can ask Asiwaju himself. Which was why I didn’t object when you mentioned him at the meeting because it reinforced what I had told him.

“My mentioning Jebby’s name was solely because we were classmates in Igbobi college – same classroom, together with Tunde Fowler, Ade Ashekun, (the one he made ambassador to Canada) and Tunde Durosinmi Etti, former Commissioner under Ambode. Jebby and I were also attending the same church, Baptist Sheperd Hill Obanikoro, and his father’s house in Obanikoro not far from my dad’s house in Pedro road at the back of the church.

“After you mentioned his name that day , Asiwaju still asked Gbenga Daniel again and Gbenga also okayed him.

” Asiwaju knows all these. You were the one that mentioned him openly at the meeting while I had mentioned him a day or two before in private and Asiwaju again confirmed his name from Daniel.

“When Asiwaju told me he also asked about him from Daniel I then told him that Daniel, myself and yourself were contemporaries in UNILAG and he laughed that we were doing Akoka solidarity”.

Looking back now, did I regret what I did in January 1999. Yes, I would say I have some regret, especially since my action hurt Bayo Oriola. And my apology to Oriola once again. I could not have foreseen today’s turn of events between Tinubu and Osinbajo, who I nominated to be justice commissioner.

Chief Mike Ozekhome, SAN, OFR, FCIARB, LL.M, Ph.D, LL.D.

INTRODUCTION

Crimes are vices that should not be tolerated in any society. They are offences against the state and are punishable under the law. The essence of punishing people convicted of crimes is to serve the criminal just desert, make restitution to the victims and deter other people from engaging in criminal activities, amongst others.

Sometimes, the President and Governor of a state may decide to show the milk of human kindness to people already found guilty of crimes. This practice is, respectively, sanctioned by sections 175 and 212 of the Constitution of the Federal Republic of Nigeria, 1999, as altered. This practice is even Biblical. For example, Pontius Pilate wanted to grant pardon to Jesus Christ.

But, when the mob protested, he released Barnabas instead of Jesus, and washed his hands off the baying at the blood of an innocent man already exonerated by him and King Herod, in preference of Barnabas who had been accused of treason and other heinous crimes (Mark 15:6).

Pardon is an unusual show of kindness to people whom the State has already condemned for certain ignoble acts they committed.

Pardon is a loud statement. The meaning of the statement is determined by the context and circumstances of the act. For example, in a state where there is a high record of kidnapping and cyber fraud, showing mercy to people convicted of kidnapping and cyber fraud could be construed as State connivance, or an impetus for offenders to commit more of such crimes.

Nigeria, for example, is rated the 149th out of 180 most corrupt countries in the world, and the second most corrupt country in West Africa, by Transparency International (TI), under its anti-Corruption Perception Index. Granting pardon to people convicted of corrupt practices, whether still serving or having served, may be construed as a tacit approval of such corrupt practices.

This becomes more worrisome under a government which made fighting corruption one of its tripodal mantras.

MEANING OF PRESIDENTIAL PARDON

A pardon is an executive order granting clemency for a conviction. It may be granted “at any time” after the commission of the crime.

This right of pardon is granted to the Governor and the President, respectively, under sections 212(1) and 175(1) and (2) of the Constitution, and is legally available to all classes of convicts in Nigeria. It can be obtained by a convict who applies to a Governor or the President, as the case may be, for grant of the prerogative of mercy or pardon in his favour, either personally or through a Solicitor, or even through the prison authorities where he or she is incarcerated and is serving term of imprisonment.

For the purpose of exercising this power, section 153(1)(b) of the Constitution establishes the “Council of State,” which advises the President in the exercise of his prerogative of mercy. The council, as a government agency, is composed of high- heeled and distinguished Nigerians who are believed to be the have full complement of the country’s ethos.

Thus, although the President’s powers in this area are not subject to the strict approval of the Council of State, he cannot act unilaterally, whimsically, capriciously and arbitrarily. The usage of the word ‘shall’ in the phrase, “The President’s powers under paragraph (1) of this section shall be utilized by him after consultation with the Council of State”, demonstrates this. The exact legal force that the advice of the Council of State bears, i.e., whether it should be taken as limiting the President’s powers of pardon, or whether it is merely a courteous procedure to abide by, is a thorny issue amongst analysts. The President’s obligatory gazetting in the Official Public Notice of the Government of the Federation concludes the pardoning process. The President, including the Governor, by extant constitutional provisions, have no constraints or hurdles whatsoever on whom they can grant pardon to.

State pardon is therefore a discretionary power that must be utilized with utmost caution and must accord with the law. It must never be used as a tool of political patronage, nepotic purposes, monetary benefits, or for self-aggrandizement. It must be used in a fair and impartial manner, free of prejudices, bias and public disapproval. It must be strictly in accordance with the best interest of the nation, and the letter and spirit of the Constitution and the code of conduct applicable to all public officers in Nigeria.

THE LEGAL CONSEQUENCES OF THE GRANT OF A PRESIDENTIAL PARDON

The Legal effect of presidential pardon was expatiated upon in EX-PARTE GARLAND 71 U.S. 333 (1866) thus:

“The inquiry arises as to the effect of a pardon, and on this point the authorities concur. A pardon in the eye of the law, cleanses the offender and make him as innocent as if had never committed the offence”. Such a convict is like Naaman the leper who dipped himself in the River Jordan and became cleansed of his leprosy. In FALAE V OBASANJO (1999) 3 LLER 1(CA), the Court of Appeal held that a pardon relieves the person of all sins. Musdapher, JCA (as he then was) said:”In my view, under Nigerian law there is no distinction between “pardon” and “a full pardon.” A pardon is an act of grace by the appropriate authority which mitigates or obliterates the punishment the law demands for the offence and restores the rights and the privileges on account of the offence. The effect of a pardon is to make the offender a new man, or novus homo, to acquit him of all corporal penalties and forfeitures annexed to the offence pardoned”.

In the same vein, the court in OKONGWU V STATE, (1986) 5 NWLR (Pt. 44) 721, held that a free pardon had the effect of erasing “all suffering, consequences, and punishments whatsoever that the said conviction may ensure, but not to wipe out the conviction itself” from the pardonee. Thus, even where the fines have been vacated, the conviction will forever remain on the record of the court. Thus, even if a person has been pardoned, he can still legally appeal his conviction.

This was why in OKONGWU V STATE (1986) 5 NWLR (Pt. 44) 721, it was held that a free pardon has the effect of blotting out “all suffering, consequences, and punishments whatsoever that the said conviction may ensure, but not to wipe out the conviction itself”.

The 1999 Constitution in sections 175 and 212, have made provisions for the grant of pardon, respite, or clemency to any person, either free, or subject to lawful conditions as may be determined by the President or the Governor, respectively. Such pardon could be for an indefinite or specified period. They could substitute a lesser form of punishment or remit the whole or any part of such punishment, or substitute a less severe form of punishment. While under section 175 (2), the President shall carry out such an exercise after consultation with the Council of State, the state Governor shall carry his out “after consultation with such advisory council of the State on prerogative of mercy as may be established by the law of the State”.

There is the more worrisome legal conundrum in the entire presidential pardon as it pertains to the two Governors. This is whether the president could have legally granted pardon to former Governors Joshua Dariye and Jolly Nyame of Plateau and Taraba States respectively, having regards to the fact that both men were convicted for offences  allegedly committed between November 2000 and May 2007. The offences under which they were tried and convicted fall under State laws which took place after the promulgation of the1999 Constitution during which time they were Governors. Specifically, they were tried and convicted under sections 115,119 and 309 of the Penal Code Act, Cap 532, LFN, 1990, obviously an existing State law within the meaning, import and true purport of sections 315(1)(b) and 318 of the 1999 Constitution. This Act which became effective  as a state law is applicable to the FCT and the Northern States. This Penal Code Act ,not being a federal legislation of the NASS, became an existing state law deemed duly enacted by the 19 Northern States by virtue of section 315(1)(b) of the 1999 Constitution. It becomes clear therefore that only the Governors of Plateau and Taraba States could have legally and rightly granted pardon to Dariye and Nyame,invoking section 212 of the Constitution; and not Mr President under section 175 of the constitution.

The doctrine of separation of powers ably  propounded in 1748 by Baron de Montesque and which is accorded constitutional imprimatur in sections 4,5 and 6 of the 1999 Constitution operate here. Should anyone challenge their pardon, an interesting constitutional issue would have been thrown up for constitutional pundits and legal analysts like yours sincerely. Let us now look at the moral implications.

THE MORAL IMPLICATIONS OF THE PRESIDENTIAL PARDON 

The moral implications of granting pardon to people may send different messages and signals to different people. The messages could either be seen as genuine forgiveness, connivance, condonation, conspiracy, or impetus, etc.

There is this aphorism often credited to Benjamin Franklin, to the effect that “to err is human, to forgive is divine and to persist is devilish.” This saying is true. It is Biblical that all have sinned and come short of the glory of God. Jesus also admonished that if ‘we’ say that ‘we’ have no sin, ‘we’ make Him (Christ) a liar and the truth is not in us. In the case of a woman caught in the act of adultery brought to Jesus Christ for just determination, Christ demonstrated forgiveness by challenging the mob to first cast a stone at the woman if they had no sin.

Shortly after the mob departed, Jesus forgave the woman and commanded her not to go back to her sinful lifestyle. Christ gave this woman who was about to be stoned to death a second chance to mend her ways.

Pardon is however an exercise that should be exercised sparingly after due consideration of the fuller implications  and after full contrition and penance on the part of the offender. For example, during the military junta, some human rights activists were prosecuted unfairly and executed, some under retroactive laws.

Such was the unforgettable grieving fate of the trio of Bartholomew Owoh (26), Lawal Akanni Ojulope (30) and Benard Ogedegbe (29), who were accused of drug peddling, but whose execution was sanctioned by Major General Muhammadu Buhari (rtd) as military ruler.

This, notwithstanding the intervention the heart-rending pleas by Playwrites Wole Soyinka, Chinua Achebe and J.P Clarke. Granting pardon to people should be viewed by the society as a  recognition of a cause worth celebrating, not offensive and fouling the air.

This brings us to the case of Senators Joshua Dariye and Jolly Nyame, both former Governors, who had been convicted and imprisoned for stealing billions of naira from the coffers of their state treasuries and thus impoverished the very people they were elected to govern.

These individuals were the Chief Executives of their states. They had sworn oaths of office and allegiance to the Federal Republic of Nigeria and vowed that they would govern their states with utmost good faith. However, they betrayed their people by stealing from them. They breached the trust reposed in them. None of them admitted their guilt or wrongdoings until the courts found them guilty, up to the Supreme Court.

As a matter of fact, Joshua Dariye was a sitting Senator when the Supreme Court affirmed the 10 year jail term earlier passed on him. What then is the basis for granting pardon to these individuals in a country where corruption is the bane and struts around imperiously like a peacock?

I had noted severally since 2013 (after my release from a 3 week horrific ordeal in the hands of kidnappers), that we must kill corruption which had become the 37th richest and most potent state in Nigeria, before it kills us. By granting pardon to these treasury looters, Buhari is reviving, nurturing and watering corruption with State powers.

When former Bayelsa State Governor, Diepreiye Alamieyeigha (DSP) whom I had defended throughout his State-sanctioned ordeal was granted pardon by former president Goodluck Ebele Jonathan, I wrote and justified it. I did so for the following reasons: DSP had fully served his term of imprisonment after his conviction. He had earlier been pardoned by late president Yar’Adua who later died before consummating the pardon, until Jonathan succeeded him under the “doctrine of necessity”.

As noted by former Attorney General, Mohammed Bello Adoke, at page 62 in his 270 page book, titled ” The Burden of Service”, DSP had also shown contrition, remorse and repentance.

He had also earlier been pardoned by Yar’Adua, though not gazetted before his death. DSP had also helped greatly in brokering the peace process that led to amnesty in the restive Niger Delta region that halted oil production.

This in turn led to stability in the area and reduce pipeline vandalism, kidnapping of expatriates, and thus improved oil production which had plummeted to a state of nadir, leading to national ruckus and impoverishment. He had evidently demonstrated that he believed in one stable Nigeria.

Perhaps more significant is the fact that Alamieyeigha was gravely ill with life-threatening ailment, from which he later died barely 2 years after the pardon was granted him.DSP had thus earned the state pardon after the Council of State recommended approved it. The same cannot be said of these two Governors who were still serving their jail terms.

Thus, the act of granting amnesty or pardon though discretionary, this discretion must be exercised judiciously and in the best interest of the country, so as not to create doubts in and dampen the confidence of, the citizenry in the national moral fabric, and in the fight against corruption.

So, when the Council of State recently authorized the pardon of 159 convicts, including Senator Joshua Dariye of Plateau State and ex-Governor Jolly Nyame of Taraba State, who were both imprisoned for stealing N1.16 billion and N1.6 billion respectively, many Nigerians justifiably showed anger, because these two political leaders had been duly tried and convicted for stealing money belonging to their respective states. The courts in Nigeria were unanimous in their verdicts that they were corrupt and had corruptly enriched themselves while serving as governors of their respective states. They were still serving their sentences.

These men had betrayed the trust their people reposed in them by stealing money meant for the development of their respective states while serving as their chief executives.

Many Nigerians thus viewed the action of Mr president in granting them pardon as recommended by the Council of States, which is a body peopled mostly by friends and political benefactors or allies of the convicts, as an action taken in bad faith. This is more so that President Buhari had assumed office on the goodwill of the Nigerian people, largely fuelled by his avowed commitment to fight corruption in all its ramifications, to a standstill.

The purpose of criminal prosecution is to secure justice, not only for the accused, but also for the victims of crimes and the State; and to some extent get reparation and restitution for the victims, while deterring others from going the same route.

Where lies the justice for the impoverished people of Plateau and Taraba States who will now watch their tormentors stroll out with red carpet treatment?

The government budgets huge sums of money for the prosecution of such accused persons from the tax players’ sweat; and if after the rigorous period of trial and subsequent conviction, the guilty are simply let off the hook in such a brazen manner, the little remaining lean hope the citizens have in the system is further diminished.

I dare say that in these two instances, both the President and the Council of State goofed and abused their undoubted constitutional powers and privileges.

A constitutional issue as volatile as this could have been better managed if the minders of the president had told him the embarrassment this could cause the government in the estimation the comity of nations. And it is doing just that.

This brazen abuse of power will definitely ricochet and erode the confidence of our international partners in the fight against corruption. It will also dampen the morale of the agencies fighting corruption, such as EFCC, the Nigeria Police Force, and the ICPC, amongst others.

This singular ill-advised act of abuse of power will also definitely embolden political thieves and unrepentant pilferers of our national commonwealth. It shows that once you are a friend of the President or a member of his political party, or his acolyte and supporter, you can get away with any crime. In other words, in Nigeria, corruption surely pays!

With this action, the fight against corruption appears forlorn and a mirage. What is the essence of spending scarce resources in the name of fighting corruption if at the end of the day the convicts will be pardoned and stroll into their palatial homes in splendour in this ugly manner?

Granted that the constitution gives the President and the Governors the power of prerogative to pardon criminals in deserving circumstances, must it be done in the vulgar way and manner the instant case was handled?

In fairness to the president, not all the 159 convicts and ex-convicts granted presidential pardon are politicians. But, the most prominent of them are the two former Governors. That is what has led to the national rockus,bedlam and hoopla. This is because it could be argued ( and rightly too), that the main essence of the last meeting of the Council of State was to give imprimatur to, and grant pardon to the two political heavy weights, while making up the number with some insignificant lightweight ones, using garnished veneer and sleight of hand .

The president by so doing has certainly violated the provisions of the Constitution and his oaths of office and allegiance to defend the constitution. This recent pardon, in my humble view, is the worst way to fight corruption. It will further water, nurture and elevate corruption to a fundamental objective and directive principle of State policy. It is so sad and counterproductive.