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Global Race To Net Zero By 2050 Is Accelerating – Will Africa Realise A Just Transition Or Become A Stranded Asset? PwC Africa Energy Review 2021

With an acceleration of the global net-zero journey, there is increasing focus on developing countries and their lack of affordability to meet such net-zero targets. A clear contrast is evident when considering Africa; as home to 17% of the global population, producing less than 5% of global annual emissions and accounting for only 3% of global cumulative emissions.

Notwithstanding, the majority of Africa’s 54 countries (35) have made commitments towards net-zero emissions, but at an estimated cost of $2.8 trillion just to transition Africa’s current energy base by 2050, the required investment levels are largely unaffordable to most countries. This clear message has been given at COP-26 in Glasgow, through calls for increased international financial support from developed nations.

With this background we assess Africa’s Energy landscape, what are the trends and patterns across fossil fuels and renewables. This review outlines a double challenge for Africa of energy transition as well as addressing energy poverty, in line with Sustainable Development Goals. What scenarios could play out in Africa’s energy transition and what is the risk of Africa being isolated from global markets and increasingly becoming “stranded”.

Pedro Omontuemhen PwC Africa Oil and Gas Industry Leader, says:

“The energy sector in Africa is diverse and characterised by different demands and needs in each country. While the energy journey for each country may be different, an overall perspective is needed on common issues in the bid to reduce the energy deficit on the continent. While the importance of global decarbonisation and a sustainable planet is foremost, the journey to achieve net zero is clearly highlighting the risk of further entrenching economic winners and losers.”

Africa: Energy Snapshot

A snapshot of Africa’s fossil fuel inventories shows a downturn in production, consumption, and exports between 2019 – 2020. This is largely due to the impact of the COVID-19 pandemic on large projects being delayed or cancelled, as well as global investment pressure resulting in the rapid exit of and disinvestment in portfolios.

Oil production significantly decreased by 19% to 6.8 mmbbl/d from the prior year. This accounts for 7.8% of global production. Consumption saw a decrease of 14% to 3.5 mmbbl/d from the prior year. Exports saw a drop to 5.7 mmbbl/d. Gas production experienced a slight decline of 5%, which amounted to 231 bcm, compared to the previous year. Gas consumption saw a slight decline of 1.5% relative to the previous year, amounting to 153bcm. Gas exports saw a decline of 6% to 26.1 bcm compared to the previous year.

Despite companies commencing exploration and development projects, planned capital expenditure in 2020–2021 fell from $90bn pre-COVID-19 to $60bn.

Renewable Energy Snapshot

Africa’s renewable energy sector in contrast shows an uptake in generation, capacity, and forecasts. Renewable energy is on the rise across the continent with an annual growth rate of 21% between 2010 and 2020 and current total renewable capacity of more than 58 GW (of which hydropower contributes 63%).

Wind energy generation increased by 14% and solar energy generation increased by 13%, while total renewable energy generation increased by 11% in 2020 compared to the previous year. Solar capacity increased by 13%, wind capacity increased by 11% and hydropower increased by more than 25% in 2020 compared to 2019. Most African countries are also increasing investment in solar and hydropower technologies with projects currently under construction estimated to add 33 GW of renewable energy capacity.

Total installed renewable energy capacity in Africa has grown by over 24 GW since 2013. The continent’s capacity is expected to increase again by the end of 2021 with growth led by solar and wind projects in Egypt, Algeria, Tunisia, Morocco, and Ethiopia. Forecasts to 2050 estimate 27.32 EJ of additional renewable generation is needed within Africa’s energy mix to compensate for declining fossil fuels, a significant increase from current renewable generation of just 1.79 EJ.

The Challenges Of A Net-Zero Transition In Africa

To achieve net zero by 2050, Africa would need to invest an estimated $2.8tn in a clean energy mix and reduce its current annual CO2 emissions of 1.62m kilotons of CO2e.

Investment in low-carbon energy systems in Africa lags global pace, but despite global climate finance commitments from developed economies aimed at $100bn per annum, the allocation to Africa falls significantly short of what the continent requires to meet global targets. The fiscal constraints being experienced across Africa create a challenge for the continent to move with pace on its net-zero journey. Private partnerships, public-private partnerships (PPPs) and blended finance are becoming increasingly important and will need to be deployed together with strong public sector governance and innovative financing instruments to overcome these challenges.

James Mackay, PwC Director: Energy Strategy and Infrastructure, says:

“Ensuring a sustainable planet is not a cost-benefit assessment, that said: Africa must carefully consider the economic impact of a transition away from fossil fuels and associated revenues in context of the affordable pace of development and growth of the renewable energy sector. More than a third of African nations are very dependent on fossil fuel commodities for state revenue, foreign currency reserves and local economic activity. An unfunded and rapid shutdown of this sector would place significant fiscal strain and hardship on Africa. On the other hand, too slow a transition may see Africa lag global markets and emissions reductions targets. Developed economies must play an active role in Africa to ensure a global win-win outcome”

Economic benefits and opportunity costs of the energy transition

Africa’s proven fossil fuel reserves are estimated at more than $15.2tn based on current market value. In sub-Saharan Africa (SSA) alone, nearly 50% of export value is derived from fossil fuels with an estimated annual contribution to GDP from Africa’s current oil, coal, and gas production of approximately $156.2bn. The global energy transition is, however, putting this crucial income source for the continent at risk.

To achieve the 1.5°C global warming target under the Paris Agreement, studies suggest that a third of current oil reserves, half the current natural gas reserves and nearly 90% of current coal reserves must remain in the ground. Applying this to Africa would leave a potential $6.7tn of fossil fuels stranded on the continent.

The adoption of renewable energy has the potential to boost employment opportunities on the continent with the creation of new skills and skills capacity. This employment creation is not limited to direct employment and of relevance to Africa is the potential boost in non-energy jobs through broader economic activity in rural communities where improved energy access through mini-grids and off-grid solutions will impact economic productivity. Overall, the energy transition in Africa has the potential to result in total renewable energy employment of around 5m jobs by 2030, which is a substantial increase from the estimate of 324,000 currently employed.

Future Structure Of The Energy Sector In Africa

Africa’s coal and oil energy production are expected to drop by around 96% and 71% respectively by 2050. This will be driven by declining demand for fossil fuels globally with leading international oil and gas companies already refocusing their portfolios to include higher renewables exposure. Renewable energy is expected to see large gains in Africa over the next three decades. By 2050, energy production from solar and wind is expected to increase by as much as 110 times and 40 times respectively.

Employment levels in the energy sector will depend greatly on the way the energy transition takes place. If Africa is pressured into rapidly transitioning to renewables and is assisted in this process through renewable energy funding, the transition of workers away from fossil fuel related jobs will be much faster. The potential loss of jobs, however, can be mitigated. It is forecast that jobs can be created rapidly in the renewable energy sector and this suggests that there is the potential for an overall gain in employment from a renewable energy transition.

Driving A Measured Transition: Four Potential Scenarios

PwC has defined four potential scenarios that could materialise as Africa progresses the energy transition: (i) Assisted but rushed; (ii) Collaborative and measured; (iii) Business as usual; and (iv) Stranded and strangled.

All these scenarios are dependent on several factors including: the speed of global net-zero adoption; foreign funding available to Africa; and the level of Africa’s economic growth, which will include fossil fuel export revenue.

James Mackay comments:

“There is no doubt that the energy transition in Africa will be a complex journey with no single blueprint to solving Africa’s challenges. “Game Theory” outlines scenarios for decision making under uncertainty and how the outcome of individual participants depends on the actions of all. The global energy transition must prioritise the planet and all nations rather than identifying winners and losers.

“Africa will have no choice but to adapt to this new world, but to avoid a growing ‘fault line’ between the developed and the developing world, greater focus on equitable policy, markets and investment is clearly required.”

Pedro Omontuemhen concludes:

“Global climate change discussions at the COP26 conference promise to significantly raise these pressures and discussions with the hope that a combination of stronger foreign financial support, equitable policy and market allocations as well as firm commitment and planning from Africa will result in a favourable platform to support a sustainable Africa energy transition.”

by Online Editor — November 26, 2021 in Opinion 0

Nigerian Labour Market:The Capitalists Among Us,Supreme Rulers Without Boundary

Ishowo Oluwatosin

I have lived for more than two decades; 14 years of those decades were dedicated to studying the political process due to the influence of my family who has a keen interest in politics and governance. However, my interest in economics and purchasing power is influenced by the fact that I assisted my mother in hawking, and myself sold leather pants meant for babies with minimal profits. So, I grew up wondering why some people are rich and why some are poor.

Also, during those days I was assisting my mum to hawk, I do wonder whenever the Emir of Ilorin passes why people hold him in high esteem, during that time, I don’t think I ever thought anyone was more important than the Emir until I grew and started discovering that Kings are appointed by the State.

If the world fought, sacrificed, laboured, and made frantic efforts to establish a political process where a single man will not determine their fortune, life and where debates had to be held on things that affect their shared existence, why have they left the economy in the hands of people who rule and determine where the market will flow for decades despite not being government themselves or royalty?

An average Nigerian can bear testimony to the fact the labour market has been retired to the hands of individuals who rule like Emperors and exploit the defects of specialization. The Nigerian society has chosen to be satisfied with how things are and gave up on looking for ways to make them better. Hence, what we have in our economy are evil geniuses who privatize profits and publicize loss.

Regardless of the level, these scavengers are our friends, family; they’ve transformed from humans into hyenas, feeding on the spoils and lack of aspiration of their nation.

Economists over the years have either pitched tent with either Karl Max or Adam Smith on Socialism vs Capitalism, only a few are determined to find balance on the birth, evolvement, and death of different economic orders.

The capitalists, both small and big in Nigeria have not learned the boundary of exploitation. The biggest profits of business owners in Nigeria are not because they sell their goods at higher prices, it is because they underpay workers in wages that contradict the value of the services and labour offered.

The Nigerian society has proven the likes of Karl Max to be right to an extent on the evil of capitalism, the government has left the workforce in the hands of individuals who will destroy the country regardless of the years it takes. Nigerians believe in political reform, the day they get equipped enough for the economic process, it will be the trigger to a very brutal revolution in the country. No aspect of the Nigerian workforce is not getting underpaid, regrettably, the negotiation of minimum wage was entirely ignored for private sectors.

Hence, we have people who continue to suck people of labour banking on the surplus and free nature of the Nigerian market.The government at all levels must show that they are not comfortable with the way things are.

Growing business owners have inherited this evil mindset, underpayment is calculated and perceived as profit. Nigeria must be rescued from these path, if not even centuries and decade later, it will always appear like we have to rebuild the country from the scratch. Reforming the economic process should be seen as effort to avoid a revolution and a framework in addressing poverty in the country.

Organizations are destroying labour union formation within their fold or preventing one from being formed in fear for transparency and total domination, but employers are not the one doing the work, it is the employees and democratization of work environment must be ensured even if there has to be limitations.

The mode of profit should not be by exploiting workers and giving back what is less in value of their labour. The democratization of workers in organization decisions on things that affect them must be deployed to ensure people experience freedom, prosperity, and equality.

*ISHOWO,* Isiaq Oluwatosin

*Twitter:* @Tosinishowo

*Gmail:* tosinishowo2015@gmail.com

by Online Editor — November 18, 2021 in Opinion 0

ENDSARS PANEL AS MODEL FOR NIGERIA (1)

By Ebun-Olu Adegboruwa, SAN

On October 19, 2020, the Governor of Lagos State inaugurated the Lagos State Judicial Panel of Inquiry on SARS Abuses and Other Related Matters, originally as a body with the mandate to probe into cases of human rights abuses, police brutality and other crimes against humanity, made by citizens against the officers and men of the Nigeria Police Force, especially the dreaded Special Anti-Robbery Squad, SARS.

The day after the Panel was inaugurated, darkness hung its veil over the nation, on account of the incident that happened at the Lekki Toll Gate on October 20, 2020. There was international outrage, the nation shook like never before and a call for justice rented the atmosphere, all over the world. The terms of reference of the Panel was then extended to include a probe of the Lekki Toll Gate Incident. That proved to be a big task indeed, but Panel members were up to the task, given its composition.

There was initial controversy on the validity of the terms of reference of the Panel but upon proper dissection of the enabling law, which is the Panel of Inquiry Law of Lagos State, it was clear that the Panel was sufficiently clothed with legal mandate to proceed on its assignment. Section 1 of the said law provides as follows:

“1. Power to constitute Tribunal of Inquiry:

(1) The Governor may when necessary, constitute one or more persons by a signed instrument, a Tribunal with authority to inquire into the conduct or affairs of any officer in the public service of the State, or any officer in a local authority in the State, or of any chief, or the management of any department of the public service or of any local authority or declarations of customary law relating to selection of an Oba or a recognized Chief or any matter relating to any chieftaincy dispute, or INTO ANY MATTER IN RESPECT OF WHICH IN THE OPINION AN INQUIRY WOULD BE FOR THE PUBLIC WELFARE.”

Given the position of the courts on the famed Oputa Panel, it became imperative to be well guided. In the opinion of the State, the Panel was primarily an attempt to heal wounds, to relate with victims of human rights abuses, by the police and other law enforcement agencies, such as Vehicle Inspection Officers, LASTMA, local government tax collectors, etc and then offer compensation.

The Governor had assured the Panel of a Victims Trust Fund already established with a take-off grant of N200m, from which due compensation would be paid to the victims, as determined by the Panel. This sum was exceeded and replenished as the Panel handed down its decisions in favour of victims of SARS and other related abuses.

The Panel members were sworn in at a brief ceremony at State House, Marina, on October 19, 2020 and we set to work immediately, by visiting the venue of its sittings at the Lagos State Waterways Authority office at Falomo, Ikoyi, Lagos.

We indicated our disagreement with the venue for many reasons and the authorities obliged us with a change of venue to the Lagos Court of International Arbitration, LCIA, Lekki Phase 1. We requested for an independent secretariat and other facilities, in order to be truly independent of the government. Then came the Black Tuesday, at the Lekki Toll Plaza, on October 20, 2020, when darkness and sorrow engulfed the nation.

There was national and international outrage on the events that happened at the Lekki Toll Plaza, especially as to different accounts from social media influencers. By Friday October 23, 2020, the Governor made a state broadcast by which he added the Lekki Toll Gate Incident to the terms of reference of the Panel. As usual, Panel members demanded for an Instrument in this regard and we were again obliged.

We then set to work, developing the rules of practice and procedure for the Panel, to interview and interact with members of the Secretariat and to conduct physical inspection of the venue for the sittings of the Panel. It became very clear to me then that the State was serious about the Panel.

I received quite a number of calls, counsel and prayers, about my membership of the Panel. Why would I accept to serve a government that I had battled with in court for so many years? I did a lot of explanations. First, the cases that I filed in court were not meant to derail the government but rather to strengthen the rule of law and help the government. Second, having fought tooth and nail for democracy, good governance and the rule of law these many years, any opportunity created for engagement should not be ignored by those directly involved in the struggle to liberate our people.

Or how else do we secure victory if we run away from the solution? The Governor stated to me clearly and indeed in all his public declarations on the matter that he wanted people with independent minds and who have the integrity to do a thorough job without being influenced one way or the other. Pray, how do I run away from an engagement that will lead to the compensation of victims of government brutality, most of whom are the masses of our people? What then is the essence of the struggle over the years, if we shy away from holding the government accountable for its actions and inactions?

I was myself a victim of brutality, by the police and by soldiers, by LASTMA and by other government officers, so I know what it means to be a victim.

I count myself also as worthy and deserving of some compensation for the many abuses that I have suffered in the past but I drop my own personal case on this occasion in the interest of others since God has been merciful to help me survive and overcome the trauma of my ordeals.

So then I accepted to serve on the Panel, given the assurances of the Governor, the commitment shown with the signed legal Instrument constituting the Panel, my letter of appointment and the other members of the Panel who all showed the desire to do a thorough job.

Looking back now, I thank God that I did not shy away from this national duty. A preview of the past one year at the Panel showed to me clearly the need for activists to be involved in the business of rescuing Nigeria from the hands of predators. Many times I threatened to leave the Panel on account of certain irreconcilable differences but my Comrades and colleagues in the civil society, other Panel members and indeed my wife, would encourage me to see it through.

Yes of course Lagos State had its representatives on the Panel but by and large, the Panel established its own procedures, maintained its independence and adopted a very robust debate mechanism to decide on major issues, failing which it resorted to voting.

The Panel members maintained their independence, discussed issues freely and when superior arguments were canvassed in conference, logic and sound reasoning held sway. There were occasional brick bats here and there but by and large, the Panel got round to building a consensus as a means of resolving most knotty issues.

At the commencement of the Panel’s work, I took two basic decisions and resolved to keep to them till the very end. First, I decided to make the assignment a sacrifice to the nation, for the entire duration of my service. I spoke to the Honourable Attorney-General and negotiated with him to allow me work on a part-time basis and he agreed, after consulting with the Governor and this was eventually the pattern for other members.

The sitting allowance of other members was itself marginal, when compared to the work of commuting from distant locations such as Ikorodu, Ibafo, etc for some of the Panel members, but serving pro bono was very important for my own philosophy and identity.

The second decision was a very hard one to take but I took it and kept to it. I decided that I would not interact with any member of the Panel outside the official sitting procedure at the venue of the Panel. I was not going to call any Panel member on phone to discuss any matter relating to the Panel privately, I was not going to send messages or entertain any message from any Panel member and I was not going to attend any private meeting with any other member on account of the subject matter before the Panel. There would be no interaction with Petitioners, with witnesses or indeed counsel appearing before the Panel. It was very difficult indeed, as such a decision was capable of being misinterpreted in our clime but I took time to explain to other Panel members and they respected my decision. Indeed, part of the joy of working with the Panel was that all the members were concerned with their integrity and they were all men and women who had put in so much selfless service, who had useful knowledge and experience in several areas and had been involved in the resolution of so many national issues.

Why would I not communicate with any Panel member at all? It became extremely difficult to build camps within the Panel for the purpose of influencing decisions one way or the other. Whatever discussions anyone may have held behind Panel members, you have to come to the Conference to defend it or else you forget it.

The head of the Panel was so very articulate, mature, principled, disciplined and she was very accommodating. She would listen patiently to lengthy submissions and presentations by Panel members and once she sensed a particular line of thought of the majority of the members, she would gladly go with us.

And in some cases she would seek to persuade us based on her peculiar experiences on the Bench and at other times she would just cast the vote to resolve a lot of issues. And we all could not but thank God for her, given her age, that she was not absent on any day of sitting of the Panel. So, we did not have to adjourn on account of the absence of the presiding officer.

And this is why I regard the Panel’s work as a model for Nigeria, in the sense that if the real motive is service to humanity, then there would be no need for these games that we see our leaders play in the national political space, with the collective destinies of our people. If politicians can be allowed to serve on a part-time basis, with minimal sitting allowances, without forming factions, without godfathers and without hidden allegiance to tribe and religion, then our nation will move forward.

The Panel submitted its report to the Governor of Lagos State on November 15, 2021, for onward transmission to the federal government through the National Executive Council. We will discuss other matters in detail in subsequent editions. Suffice it to thank you all for the confidence reposed in us for this critical assignment.

by Online Editor — November 16, 2021 in Opinion 0

Two Years Down The Lane, Way Forward For Kwarans

Nestoil Group And Its Failed Campaign Of Calumny Against The Witness Newspaper: Our Stand

The APC in Kwara state has become like the leaning tower of Pisa. An architectural masterpiece which was supposed to reflect the glory of God but ended up becoming an edifice of mockery and laughter despite decades of efforts to rectify the damage and the best of engineers trying fruitlessly to save it from its slow demise.

The lesson from the tower of Pisa is that intentions whether noble or not isn’t enough to build skyscrapers.

Engineers have identified that the root cause of this architectural failure was the weak and unstable subsoil that couldn’t support it’s weight.

Centuries after, the lesson from the tower of Pisa is still relevant and playing out in Kwara APC; a formation of hatred, bitterness and envy who thought they could build forgetting that the foundation of a building is what determines how high the building will be.

An unholy alliance has now made our state of harmony a subject of ridicule in national dailies by supposed leaders of the ruling party.

Kwarans don’t get to hear about what our elected government is doing administratively but what we’re forced to know how campaign funds were siphoned 2 years after being in office.

Now that it has become as clear as daylight that this government has nothing to offer and there’s no Saraki to blame for their failures since their opposition is within themselves.

What is the way forward for Kwarans?.

We must retrace our steps, learn from our mistakes, do not outsource our thinking to opinion leaders on radio who misled us with propaganda and evaluate our options carefully.

The onus also falls on the leader of the major opposition party Bukola Saraki to ensure that Kwarans get a formidable alternative to the otoge crusaders whose house has fallen.

A lesson I learnt in 2019 is that even as we seek to reward loyalty, we must not downplay the significance of competence.

Kwara state needs someone who has a proven track record of competence, represents political inclusivity and shares in the pains and joys of the people.

I’m sure that the last 2 years have taught ABS that even though loyalty is the most valuable currency in politics, you can’t fully assess the loyalty of a man until you’re down.

Many men of questionable character deserted the dynasty when they thought the ship was sinking unknowing to them that ships are built to withstand storms.

Personally, only one man from the Saraki dynasty has distinguished himself and that is Senator Rafiu Adebayo Ibrahim.

A loyal party man, an achiever by all standards and a grassroot politician with an appealing personality.

When people say his successor has failed, I tend to hold no grudges against him but rather feel pity for him knowing fully well that he stepped into a shoe too big for him to wear and slipping was inevitable.

Kwara state needs a leader who can once again steady the ship, a refined man of value who understands the peculiarity of the state and knows how to get the job done, I believe Senator Rafiu Ibrahim personifies that character.

David Titiloye

by Online Editor — November 16, 2021 in Opinion 0

Challenges Of The Judiciary In Contemporary Nigeria (3)

Ebun-Olu Adegboruwa, SAN

JUDICIAL CORRUPTION AND TRANSACTIONAL JUSTICE

In recent times, the Nigerian Judiciary is increasingly being perceived as corrupt. The judiciary is composed of judicial officers who are human beings and therefore subject to the vagaries of human nature in its insidious form. While there are good, intellectually sound and upright judicial officers of impeccable character and integrity in Nigeria, it is sad to say that a very tiny percentage of judicial officers in Nigeria fall below the standard expected of judicial officers in the area of intellectual capability, uprightness, character and integrity and this reflects in the poor quality of judgments delivered by the various courts in Nigeria and the growing problem of conflicting judgments and the attendant confusion it brings in the legal system in Nigeria.

In my article on Transactional Justice published sometime in February, 2020, I took the honourable position in admitting that there is a growing disposition to purchasing judgments of judges by the highest bidder. My personal view is that most judges are incorruptible, above board and they decide cases according to law and their conscience, but the things that we hear about some judges are very troubling. In my aforesaid article I described Transactional Justice as follows:

In Transactional Justice, there are lawyers involved as couriers of monetary offers to judicial officers and it is prevalent mostly in election petition cases. The politicians have become so desperate that they will do just anything to cling on to power, by all means necessary. The ugly side of this is that once it is possible to influence a judge in a particular judicial transaction, then the door is open permanently for other subsequent influences, as for instance once you are able to sway a judge to tilt the even scale of justice in an election petition, then that judge becomes a permanent customer even in other regular cases, whenever the need arises. This is how it goes:

“The litigant hires the very best lawyers in the field of his case, pays them well to handle all legal issues in the open court and then turns around to hire other lawyers or individuals in the background, purely for networking. These latter set of people have no business in the preparation of the case on the merit, they are not involved in the settlement of pleadings or briefs of arguments and they care less about the knowledge and erudition of counsel on record, but to work to secure victory for the paying litigant at all cost, while innocent lawyers sweat themselves out in the courtroom on legal jargons. They know the text of the judgment well ahead of time.”

How does it sound that the judgment of a court is no longer based on law or precedents? Or that law has become totally unpredictable, even for the same set of facts? As such, lawyers are unable to properly advise clients who approach them for legal counsel, as we now have different decisions, even of the Supreme Court, in the same set of facts and circumstances. Whereas this can be due to human error precipitated by the workload of judicial officers based on the volume of cases that they handle daily, it is also said that it can be the result of Transactional Justice. Part of the Judicial Oath goes thus:

‘… I will discharge my duties and perform my functions honestly, to the best of my ability and faithfully in accordance with the Constitution of the Federal Republic of Nigeria and the law; that I will not allow my personal interest to influence my official conduct or my official decisions.’

Transactional Justice is allowing personal, family, social connection or financial benefit to influence judicial decisions. The trouble in all of these is that the rich and affluent, the ones so very well connected and powerful, will always get the upper hand in situations of Transactional Justice, which will be a game for the highest bidder. The poor man and his lawyer, the weak litigant and the lowly members of society, stand to lose in all cases where Transactional Justice is at play, as they simply cannot match the stakes. The negative consequence of Transactional Justice is that impunity, lawlessness and wickedness will continue to plague society, if the wicked and lawless oppressor cannot even be called to order by the court. The end result is further impunity by the common man who takes the law into his hand by resorting to self-help to attain justice and thus leading to full anarchy and the breakdown of law and order in the society.

To curb to a minimum the operation of corrupt and transactional justice practices within the judiciary, we must begin to consider a judicial Ombudsman framework that will be tasked with the responsibility of inquiring into complaints from court users. As there are whistle-blowing policies in executive administration there should also be such policy in place in the judiciary. Unlike in the other arms of government where officers found to be corrupt could be punished, suspended and allowed to resume their duties, there should be no middle ground or space on the Bench for those found to be partial and corrupt as they are unworthy arbiters of truth. There should therefore be zero tolerance for judicial corruption or misconduct.

Finally, there is the urgent need for constant training and re-training of judicial officers in the form of workshops, seminars and symposium for judges to update their knowledge and restructuring the appointment process of judicial officers to ensure that only persons of acceptable intellectual capability, character and integrity are appointed to the bench.

EXECUTIVE INTERFERENCE WITH THE JUDICIARY

In October 2016, Nigeria’s Department of State Services (DSS) raided the homes of seven senior judges, including two Supreme Court justices and arrested them on charges of corruption. This move against the symbolic custodian of the rule of law and justice was unprecedented in the country and a deflation of the ego of the Judiciary. The executive arm of government has however continued to remain an unbroken record in interfering with the statutory tenures of judges. A classic example is the purported suspension and removal of the number one Justice of the Federation in the build-up to the 2019 elections in flagrant disregard of the powers of the National Assembly and the National Judicial Council in regulating the affairs of its Judiciary. The point was well made by the Executive to the Judiciary – we own you and your institution must continue to carry out its function to the extent it does not offend our interest and biddings. And just when we thought we had seen it all, the same scenario reared its ugly on October 30, 2021 when armed security operatives stormed the home of Honourable Justice Mary Peter-Odili in purported execution of an illegal search warrant. As we say it often in Nigeria, nothing has changed.

Of all the challenges to the Judiciary, the government’s strong-arm tactics is the most potent way the Judiciary is influenced in its performance as a fearless and impartial arbiter. Where it has become the norm that a sitting judge can be abruptly stripped of his immunity without recourse to the provisions of the law, then the Judiciary can finally be seen as the victim of state authoritarianism. Where then does the last hope of the common man run to when it is being humiliated and intimidated by the other arms of government? A colleague opined lately that the judiciary is now officially to be known as the lost hope of the common man. I pray it doesn’t get to this point.

The second part of executive recklessness which is becoming a norm is where the Executive through the machinery of the security agencies has fallen to the lowly times of outright disregard and disobedience of subsisting court orders and the rule of law. Strangely, it is the same Executive that would run to the judiciary to avert an impending strike action by a pressure group in the polity. The notable pronouncement of the Supreme Court in Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) p. 621 as regards enthronement of anarchy in disregard of the decisions of the court of law still remains relevant over three decades. The Court held thus:

“If the Government treats Court order with levity and contempt, the confidence of the citizen in the Courts will be seriously eroded and the effect of that will be the beginning of anarchy in replacement of the rule of law. If anyone should be wary of the orders of the Court it is the authorities; for they, more than anyone else, need the application of the rule of law in order to govern properly and effectively.”

It is beyond debate that the draconian practice of the Executive of picking and choosing which order or directive of the courts it would comply with has been the focal point undermining the rule of law and socio-political stability of the nation. As all governments of the day are bound by the final decision of the Supreme Court on all electoral matters, so also should every authority, entity and government agency slavishly comply with subsisting orders and directives of any court of law.

The NBA and the Bench are thus left to take the bull by the horn and be more involved in Legal and Judicial activism against the tyrannical disposition of the Executive. The Judiciary should therefore be bold to checkmate the excesses of the Executive and the second arm of Government. The words of Late Kayode Eso, JSC relives itself once more, when he stated that:

“Like judicial activism, people who are not knowledgeable enough regard both judicial activism and legal activism as legal rascality. That may be, because when well-construed, strong advocates are usually not the passive ones as only strong Judges, not Kabiyesi interpreters of the law live forever.”

A Judge who is incorruptible and above board must therefore remain fearless in administering justice, regardless of the potent fangs from any executive agency or body. It was the legendary philosopher, Cicero, who about 2000 years ago echoed that: “Amid the clash of arms the Law is silent.” Barely 70 years ago, Lord Atkin, that quintessential, courageous, erudite common law jurist thought otherwise, and cherishingly echoed the ever-immutable dictum:

“In this country (England) amid the clash of arms, the laws are not silent. They speak the same language in war as in peace. It has always been one of the pillars of freedom, one of the principles of liberty for which on recent authority we are now fighting, that the judges are no respecter of persons and stand between the subject and any attempted encroachment on his liberty by the executive, alert to see that any coercive action is justified by law.”

CONCLUSION

From my humble reflection on the challenges of the Nigerian Judiciary, once we can get the appointment of judicial officers right, provide adequate funding, shun and uproot greedy and corrupt officials, and finally guarantee non-interference with the duties and roles of the Judiciary, the Judiciary will be on an upward trajectory in safeguarding true democracy in the nation.

by Online Editor — November 9, 2021 in Opinion 0

Challenges Of The Judiciary In Contemporary Nigeria

By Ebun-Olu Adegboruwa, SAN

Sometime in September, 2021, Ogun State Judiciary organized a two-day Judges Conference in Abeokuta, principally to dwell on contemporary issues facing the judiciary. It was a very rich encounter, with Dr. Muiz Banire, SAN, leading the discourse. I was privileged to be part of the Conference, which turned out to be an eye opener, on the silent struggles that our judges are made to put up with in executing their judicial assignments. The other aspect of the Conference was the joy of seeing their Lordships digging it out heartily, at the Conference Dinner. It was good to move away from the trials, rulings and judgments, for once. From my own personal experience and encounter, I can tell you that it is not easy to be a judge and it is more difficult to function in that office, in present day Nigeria. A lot was said at the Conference and I would like to share with you my own little contribution.

It is a great honour to be found amongst revered jurists on the occasion of the 2021/2022 Ogun State Annual Judges Conference. As the country remains faced with threatening economic hardship, embedded corruption and heightened security threats against its citizens, the Nigerian Judicial System is not left out from the several expectations of the Nigerian masses. The instant topic for consideration “The Challenges of the Judiciary in Contemporary Nigeria” therefore comes at a time when a negative perception of the Nigerian Judiciary is pervasive (perhaps erroneously) among the common man in the Nigerian polity.

Going by the democratic system of government in operation, the powers of the Federal Republic of Nigeria are basically operated through three tiers of government, the Legislative, the Executive and the Judiciary. Amongst these three arms of government, it has been said that the Judiciary (our subject matter of discourse) is the closest and most accessible branch of government to the common man. As such, I believe this topical issue is one in which every right-thinking person and resident in Nigeria should consider himself/herself a concerned stakeholder. I therefore hasten to commend the organizers of this event for their thoughtfulness in selecting this timely topic and further hope that our joint engagement in this regard will be crowned with success for the benefit of the Nigerian society. Hence, whereas our discussion is a humble admission of the imperfection of our Judicial System, on the other hand the constant improvement and better operation of the Nigerian Judiciary can become a reality. In examining the instant topic, a thorough appreciation of the nature and role of the Nigerian Judiciary is needed.

THE NATURE AND ROLE OF THE JUDICIARY

It is common knowledge that the Nigerian judiciary is a creation of the Constitution of the Federal Republic of Nigeria (as amended). The term ‘Judiciary’ has been defined as the court system of a country. The learned authors of Black’s Law Dictionary, 8th Edition, define the term as follows:

“The branch of government responsible for interpreting the laws and administering justice. A system of courts. A body of judges.”

Thus, section 6 (1) of the CFRN, 1999 provides as follows:

“The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation.”

The Nigerian Judiciary has also been classified as “the court and all those who work in the vineyard of justice.” This includes Tribunals and Inferior Courts established by the National Assembly or the House of Assembly of a State. By virtue of Section 6 (6) of the 1999 Constitution, the mandate of the Nigerian judiciary “extends, notwithstanding anything to the contrary in the Constitution, to all inherent powers and sanctions of a court of law” and “to all matters between persons, or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person.”

From the foregoing, it is evident that the most significant task of the judiciary is the adjudication of controversies through the application of law to a specific matter. The Judiciary is thus that arm of government vested with the judicial power to construe, interpret and apply the law with the ultimate end result of delivering justice in the society. In essence, the thrust of the Judiciary is to arrive at an end goal of justice. We can conveniently therefore boast that the judiciary is the foundation upon which democracy grows and develops, as it is the only organ that deals with the administration and dispensation of justice in a sovereign entity. Without a proper forum to resolve disputes between persons and persons, between persons and governments and between governments and governments, society will become a place fit only for the strong and mighty, where the rights and opportunities of the weak and feeble, will be trampled upon with impunity. We should therefore cherish and appreciate the role of the judiciary in stabilizing the society, generally. Thus, even at the height of military rule in Nigeria, the judiciary has never been shut down or scrapped, as was the case with the legislature and the executive arms of government.

As opined by IBRAHIM MOHAMMED MUSA SAULAWA, JCA in Sahara Reporters & Anor v. Saraki (2018) LPELR-49738 (CA) “by the very nature of its fundamental functions and role, thereof, the judiciary is the citizens’ last line of defence and hope in a free democratic society. Indeed, it is the line separating constitutionalism from totalitarianism.”

The role of the judiciary can therefore not be over emphasized being the stabilizer in a political system wherein it plays a divine role as the guardian and custodian of the Constitution. The Judiciary is further invested with the power to checkmate the other arms of government by compelling the legislature to act within its constitutional limits while performing its legislative duties and on the other hand subjecting the State (that is the Executive) to the Rule of Law. Accordingly, Justice Chuwudifu Oputa (JSC) once opined that:

“The judiciary is the guardian of our Constitution, the protector of our cherished governance under the rule of law, the guardian of our fundamental rights, the enforcer of all laws with or without which the stability of society can be threatened, the maintainer of public order and public security, the guarantee against arbitrariness and generally the only insurance for a just and happy society.”

Under the scheme of things, it is right to posit that only a court of law has the power and the right to say authoritatively and conclusively what the law is and once a court of record has spoken then its pronouncement however perverse or blatantly wrong it may appear to be, establishes the law. As such, Section 287 of the CFRN, 1999 is instructive in in this regard. It states thus:

“The decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court.”

The same goes for the Court of Appeal, the Federal High Court and the High Courts of the States and all other courts of record. The Judiciary thus occupies a very important, significant and strategic position in the Nigerian state. It is the bastion of the people’s hope, as it offers a formidable panacea to the sufferings and predicament of the masses. It is the desire of the general public that justice must be done at all times and be seen to have been done. It is thus obvious that whenever the Judiciary failed to play its stabilizing role in the Nigerian democratic state, democracy is bound to be threatened or truncated.

It is no wonder therefore that the Constitution, under Section 17 (2) (e), stipulates that the independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and guaranteed. In all I cannot agree less with Appadorai in his book, The Substance of Politics, where he surmised the essence of the Judiciary thus:

“…nothing more nearly touches the citizen than his knowledge that he can rely on the certain, prompt and impartial administration of justice. The Judge, therefore, fulfils an onerous function in the community.”

THE CHALLENGES FACING THE NIGERIAN JUDICIARY

Having fully appreciated the magnitude of the centripetal role that the Judiciary plays in our nation, there is no doubt that the Nigerian judiciary is plagued by a myriad of problems ranging from institutional to personnel problems, poor facilities, to inadequate financial provisions and procedural to constitutional problems, by which the former is being limited in its performance. These problems and challenges have been the subject of numerous meetings, debates, court actions and even industrial strike actions. It is therefore expected that greater members of my audience are familiar (if not more familiar) with the challenges rocking the Judiciary. To buttress this point, whilst taking a swipe at some of the key challenges thereto, I will humbly consider suggested solutions to the said challenges.

i. Appointment of Judges

For me, the challenges of the judiciary take a leap from the process and mechanism of appointing judges in the Judiciary. The current system to which there is no iota of transparency or public scrutiny of the candidates for judicial appointment is not something we should continue to engender. The present system, being not transparent, seems not to follow merit. Persons selected for judicial office should be individuals of integrity and ability with appropriate training in law. It was however just a while back when the President of the Nigerian Bar Association, Mr Olumide Akpata, decried the poor performance of candidates enlisted for appointment as Court of Appeal justices. As the President of the Nigerian Bar Association, he sits in the meetings of the National Judicial Council, the body saddled with the responsibility of appointment and discipline of judicial officers. He was reported as saying that: “The whole proceedings appeared more of an old schoolboys meeting and that important legal issues that were occasionally put to the nominees could not be answered”.

The reality is that anything hidden in the dark is subject to contamination. As it stands the process of appointment of individuals to the bench is bedevilled with lobbying, begging and invasion by several political interests. In several States, it is said that virtually all first class Obas, Emirs and kings have their slot for which they reserve their candidates for judicial appointments. Expectedly, a shoddy screening of applicants for any position in the Judiciary leads to shoddy results and conclusively a shoddy bench where the appointees are not only indebted to their god-fathers and lobbyists for such appointment, but remain available instruments to be influenced in the Justice delivery system of the nation. After all, he who pays the piper must surely dictate the tune. Chief Afe Babalola SAN rightly captured this menace as follows:

“When appointment of men and women to the bench is premised on extraneous considerations such as god-fatherism, political connections, religious leanings, “federal character” (without any regard for merit and competence) and monetary inducements, the ultimate victim is JUSTICE. The society is bound to suffer and bear the brunt of the consequences of having incompetent judges on the Bench.”

by Online Editor — October 26, 2021 in Opinion 0

MGM: Evaluating Gov Inuwa’s Magic At Finance Ministry

Mallam Muhammad Gambo Maigari, Commissioner for finance and economic development, Gombe State.

By: Alhaji Mansur Aramide

It’s a common fact that political appointments are often premised on two considerations – political and technocratic.

For the former, it is determined by powerful forces in the party to take good care of individuals who played significant positive roles during electoral process that birthed the administration. Aptly put, “job for the boys.”

Technocratic consideration is to secure round pegs for the round holes. Right men for the jobs!

Heads of government who know their onions and mean well for their administrations would give serious consideration for the technocrats; that is if genuinely in love with their states/domains.

This stated reason must have prompted the appointment of Mallam Muhammad Gambo Magaji (MGM) as the commissioner for finance in Gombe State.

In 2019 at the inauguration of Muhammadu Inuwa Yahaya’s government, among his cabinet was an unassuming gentle technocrat, MGM.

To MGM, it was an unfamiliar terrain having emerged from banking world.The ability to learn and adjust to situation may have earned this captain his descriptions by the Perm Sec of the ministry, Alhaji Jalo Ibrahim Ali of MGM thus: “he is a gentleman and a good learner.

“As a banker and an economist, no doubt he is good for the job, his level headedness has never been faulted,” he stressed.

Certainly, the achievements recorded so far in two years of his appointment bear the facts that he was without any political push, picked to not only salvage the state’s ministry of finance and economic development’s dwindling financial and economic situation but to lay the ministry on the right track against the existing common perilous box.

According to Jalo, MGM is a level headed man who was never tempted by the youthful exuberance showed the whole world that “what an elder could do; youths could do better,” Jalo added.

Under the watch of this youth ambassador, the ministry was able to inaugurate several civil service consultation projects that had cost the government over N31.2m. The project imparted knowledge on civil servants.

In 2021, through the ministry, the state spent N3m on imparting knowledge on the civil servants through consultancy engagement.

A serious landmark was recorded by the state when the ministry of finance and economic development upgraded the Debt Management Office (DMO) to a full agency with its Director-General. It’s now Debt Management Agency (DMA.)

According to MGM: “when we came to office, it was just an office without substantive head but the Debt Management Agency (DMA) law was passed this year.

“This is an effort towards reform to ensure that debt management agency will be able to have information about the state’s debt portfolio and then manage it effectively and efficiently too,” he hinted.

Also, the State Fiscal Transparency, Accountability and Sustainability (SFTAS) programme gulped N6.5bn during the 2018/2019 exercises.

The essence was to improve financial reporting and budget reliability, increased openness and citizens’ engagement in the budget process.

It also improved cash management and reduced revenue leakages through implementation of state Treasury Single Account (TSA), strengthened Internally Generated Revenue (IGR) collection.

For the 2019/2020 exercise, N2.4bn was expended on biometric registration and Bank Verification Number (BVN) to reduce payroll fraud, improved procurement practices for increased transparency and value for money.

It also strengthened public debt management and fiscal responsibility framework, improved clearance/reduction of stock of domestic expenditure arrears and improved debt sustainability.

Again, the ministry has been able to ensure the successful implementation of continuous monitoring of the TSA: “to ensure accountability and transparency,” MGM told our reporter.

The strong collaboration between the ministry and the Budget, Planning and Development Partner Office (BPDPCO) ensured the production of a draft 10-year development plan for the state.

The ministry often coordinate the SFTAS programme known to have earned that state $14.5million this year.

MGM”s leadership coordinated PAYE Refund of the state’s N5.03bn of which about 75 per cent was initially paid: “this helped the state to record the highest annual IGR ever,” MGM said.

However, MGM told our reporter that the state had fully paid all the PAYE debts.

That the ministry and the pension office to submit a demand for the federal share of Pension Refund which earned the state N360m of which N216m had been released to it was not by chance, it was because it was led by this financial genius. No wonder the 2021 budget was ascented to by the lawmakers even before the end of the 2020 fiscal year.

No wonder the perm sec told our reporter: “I am surprised that without any civil service background he could learn the ropes this fast. He acts fast; he adjusts well enough and quickly too. He is okay!”

As it stands, the state through the finance ministry is said to have achieved 73 per cent Biometric Data capture and 93 per cent BVN linkage.

This exercise not only save the state several millions of naira running to half a billion monthly, it has also weeded almost 2,000 ghost workers in the state.

By implications, it has opened employment opportunities for unengaged citizenry.

The ministry led by MGM has formulated e-files and successfully linked it to the payroll. All this credited to the restless commissioner surrounded by able lieutenants daring the weather to achieve elusive success.

With a strong background in economics and over a decade of top-level work experience at PowerPoint Consulting Firm Limited, Access Bank Plc, Intercontinental Bank and City Express Bank, among others, MGM has acquired the managerial and experiential wherewithal to re-engineer the economy of Gombe to enhance the livelihood and livability conditions of the citizenry.

MGM has piloted the ministry to the extent that the 2020 state revenue shot upwards by over 20% was described as the highest ever recorded in Gombe.

Just last year, the state lawmakers passed Gombe Revenue Law which has repositioned the state’s revenue standard.

MGM however heaped all these achievements by the ministry on his boss whom he described as a financial guru of rare dexterity.

He said: “the governor was a former finance commissioner, he knows the office much more than I do.

“With his knowledge of the office and of course being an accountant too, he has given us all the support and freehand to operate.

“He guides us anytime called upon to be able to perform credibly.

“That has helped us in our reform agenda for the state,” he explained.

As a grassroots man who lived within his people and understands how the economic development programs and plans of the previous governments failed them, MGM has the opportunity to work with Gov. Yahaya to develop Gombe’s economic and development vision that will make a qualitative difference.

Alhaji Mansur Aramide, is a seasoned journalist based in Gombe.

by Online Editor — October 20, 2021 in Opinion 0

Speech by Dr. Akinwumi A. Adesina, President Of The African Development Bank Group At The Mid-Term Ministerial Performance Review Retreat, Abuja, Nigeria, 11 October 2021

‘Nigeria’s Economic Resurgence: Learning From The African Experience’

Your Excellency President Muhammadu Buhari, GCFR, President of the Federal Republic of Nigeria;

Your Excellency, Prof. Yemi Osinbajo, GCON, Vice President of the Federal Republic of Nigeria;

The Secretary to the Government of the Federation, my dear brother, Boss Mustapha;

The Chief of Staff, Prof. Ibrahim Gambari;

Honorable Ministers;

Permanent Secretaries;

Captains of Industry;

Distinguished Ladies and Gentlemen.

Thank you, Mr. President, for inviting me as the Guest Speaker on the theme ‘Nigeria’s economic resurgence: Learning from the African experience,’ at this year’s Mid-Term Ministerial Performance Review Retreat.

As we meet today, the world continues to deal with the effects of the global COVID-19 pandemic. The pandemic has caused so many deaths and upended global economic growth.

Due to COVID-19, Nigeria’s economic growth rate declined to -1.8% in 2020. This mirrors the pattern across Africa, as the continent posted a -2.1% growth rate in GDP, its lowest in two decades.

The African Development Bank responded rapidly in supporting African countries. We launched a $10 billion Crisis Response Facility to support countries.

We provided $289 million in budget support to Nigeria.

The GDP growth rate for the continent will recover to 3.4% this year. We project Nigeria’s economic growth rate will rebound to 2.4% this year and reach 2.9% by 2022.

The recovery will depend on two critical issues: access to vaccines and tackling debt issues.

Africa has only 2% of its population vaccinated, compared to 54% in the U.S and 75% in Europe. So, while developed countries are receiving booster shots, African countries cannot get basic shots.

Nigeria must build quality health care systems that will protect its population, today and well into the future.

Nigeria must also build world-class local pharmaceutical industries, able to effectively tackle the production of therapeutic drugs and vaccines.

Here is the lesson: Nigeria must revamp its local pharmaceutical industry and launch strategic investments for local vaccine manufacturing. Africa should not be begging for vaccines; Africa should be producing vaccines.

The African Development Bank will invest $3 billion in support of local pharmaceutical industries in Africa, including in Nigeria.

Your Excellencies,

Nigeria must decisively tackle its debt challenges. The issue is not about debt-to-GDP ratio, as Nigeria’s debt-to-GDP ratio at 35% is still moderate. The big issue is how to service the debt and what that means for resources for domestic investments needed to spur faster economic growth.

The debt service to revenue ratio of Nigeria is high at 73%. Things will improve as oil prices recover, but the situation has revealed the vulnerability of Nigeria’s economy. To have economic resurgence, we need to fix the structure of the economy and address some fundamentals.

Nigeria’s challenge is revenue concentration, as the oil sector accounts for 75.4 % of export revenue and 50 % of all government revenue.

What is needed for sustained growth and economic resurgence is to remove the structural bottlenecks that limit the productivity and the revenue earning potential of the huge non-oil sectors.

Here is the lesson: Nigeria should significantly boost productivity and revenues from its non-oil sector, with appropriate fiscal and macroeconomic policies, especially flexible exchange rates that will enhance international competitiveness.

Your Excellencies,

Infrastructure is critical for unlocking the full potential of Nigeria’s economy. Nigeria will need $15 billion a year for investment in infrastructure.

Financial innovations should be prioritized as governments alone cannot afford these huge financial costs.

The private sector should be given incentives to invest in infrastructure.

The Federal Government’s 15 trillion Naira Infrastructure Fund is a good idea, so is the initiative for tax credits for private sector investment in infrastructure. To be sustainable and more efficient, Public-Private Partnerships (PPPs) should be accelerated to finance major infrastructure across Nigeria.

Nigeria’s institutional investors, especially the pension funds, should invest in infrastructure. Governments can also implement ‘Infrastructure Asset Recycling models, where existing infrastructure assets on government books can be turned over to the private sector, freeing up financing for governments to invest in new infrastructure needs.

Here is the lesson: sustainable financing approaches such as PPPs and infrastructure asset recycling will allow Nigeria to attract significant private sector investment into infrastructure.

Your Excellencies,

This brings me to the issue of trade, investment, and competitiveness. The Africa Continental Free Trade Area presents a major opportunity for Nigeria. Consumer and business expenditures in Africa are projected to rise to $6.7 trillion by 2030.

Significant support should be directed toward boosting industrial manufacturing capacities. Nigeria should also move rapidly to the top of selected value chains, such as automobiles, computers and electronics, textile and garments, and food manufacturing, transport, and logistics.

Much will depend on the ports of Nigeria.

According to the sector operators, the cost of exporting 100 tons of cargo in Nigeria is $35,000, compared to $4,000 in Ghana. Today, the leading ports for West Africa are in Cote d’Ivoire, Ghana, Togo, and Benin Republic. All these countries have modernized their port management systems, leaving Nigeria far behind.

Nigeria can learn from Morocco’s world-class Tangier-Med port. The port is unique in that it is an industrial port complex, and a platform that has over 1,100 companies. They collectively exported over € 8 billion worth of goods in 2020.

Companies located at the Tangier-Med port have allowed Morocco to move up the global value chains, including automobiles, automotive parts, aeronautics, agriculture and food manufacturing, textiles, and logistics. Annually, over 460,000 cars are manufactured in the zone for exports. And more interesting is that the bulk of the human resources to do these are Moroccans.

I took a walk at the Tangier-Med Port. I actually thought they were on vacation, as I did not see people — just machines, haulers, automated systems moving containers in what looked like a well-synchronized maze, with incredible efficiency. There were no kilometers of trucks waiting to get to the port.

Your Excellency, we should not be decongesting the ports in Nigeria, we should be transforming the ports.

This must start with cleaning up administrative bottlenecks, most of which are unnecessary with multiple government agencies at the ports, high transaction costs or even plain extortions from illegal taxes, which do not go into the coffers of the government.

Here is the lesson: Nigeria should rapidly modernize and transform its ports. Ports are not there for revenue generation. They are for facilitating business and exports, and stimulating industrial manufacturing, and competitiveness of local businesses and exports.

Your Excellencies,

We must boost food security, reduce the price of food, and ensure greater competitiveness of the agricultural sector.

While I was Minister of Agriculture, we deployed a highly innovative mobile phone system to reach farmers with subsidized farm inputs, a program called ‘Growth Enhancement Scheme’ and the e-wallet system. To be clear, this was the first time in the world that such a system was deployed to reach farmers with subsidized farm inputs via mobile phones.

And it worked! It brought in transparency. It brought in accountability. It brought in all the major commercial banks. More importantly, it delivered impressive results and led to massive food production. It reached 15 million farmers with high quality seeds and fertilizers, right in their villages. Nigeria’s food production boomed and expanded by an additional 21 million metric tons.

The rice revolution started then, in Kebbi State and the Northwest, as we deployed innovative high-quality seeds of FARO 44 and FARO 52 rice, which we introduced to Nigeria from the Africa Rice Center.

I remember visiting the Hadejia Valley irrigation project in Jigawa State, as women farmers told me “thank you Minister, we get our seeds and fertilizers right here via our mobile phones in our village and men cannot cheat us anymore”! I was elated.

Prices of food fell, as productivity went up.

The ‘Growth Enhancement Scheme’ and the e-wallet system have been adopted in Togo, Liberia, and other African countries. Yet in Nigeria where they were developed, they are no longer being implemented.

Your Excellency, Mr. President, you will have people telling you it is the lack of rain that is leading to low food production. A little, maybe. That it is insecurity. Yes, maybe, to some extent. That it is middlemen. A little, maybe.

But, Mr. President, the main reason is that farmers no longer have access to quality improved seeds, fertilizers, and farm inputs at scale.

Farmers across the country are asking for the Federal Government to restore in their words “the popular Growth Enhancement Support Scheme and the e-Wallet system.”

The Chairman of the All Farmers Association of Nigeria (AFAN), Alhaji Farouk Mudi said in March 2020 “These initiatives (the Growth Enhancement Support Scheme and the e-Wallet System) should be restored by the Federal Government. They will boost farmers’ production, create jobs and increase internally generated revenue for the States.”

I would like to urge, Your Excellency Mr. President, please relaunch the ‘Growth Enhancement Scheme’ and the e-wallet system and put millions of farmers at the heart of agriculture — at scale. If this is done, and run well, I can assure you that you will see a dramatic turnaround in national food production.

Your Excellency, Mr. President,

The African Development Bank has helped to finance the revolution of wheat in Sudan, with heat tolerant varieties, by producing 65,000 metric tons of seed. To give you a sense of the magnitude of this, let me say that the largest airplane, the Airbus 380 aircraft, fully loaded with passengers, fuel, and cargo, weighs 98.4 metric tons.

So, 65,000 metric tons of heat tolerant wheat in Sudan is equivalent to 660 Airbus 380 aircrafts parked on a landing strip.

The impact was dramatic. In just two seasons, we helped Sudan to cultivate these heat tolerant wheat varieties on 317,00 hectares, which produced 1.1 million metric tons of wheat.

The Prime Minister of Sudan, Abdallah Hamdok, said with this intervention “the country moved from 25% self-sufficiency to 54% in just two seasons. Sudan expects to become a net exporter of wheat within three years.”

We also supported Ethiopia to cultivate the heat tolerant varieties on over 184,000 hectares.

Interestingly, these same heat tolerant varieties were introduced to Nigeria when I was Minister of Agriculture and we worked hard to give them to farmers in the Lake Chad Basin.

Your Excellency Mr. President,

You may wish to know that during the insecurity in the area, my staff at the time, led by Dr. Oluwasina Olabanji, the then Executive Director of the Lake Chad Research Institute, and his team, stayed in the fields, protected the seeds being multiplied, and risked their lives. When insecurity became much more serious, they moved the varieties to Kadawa valley in Kano.

Dr. Olabanji deserves a national award.

I was on the farms in Kano with several Seriki Nomas or farmer heads. They could not believe that wheat could be as tall as they were! These varieties yield 5 tons per hectare compared to average yield of 1.5 tons per hectare – a 400% increase!

Nigeria should take advantage of the work of the Bank on this and scale up cultivation of heat tolerant wheat across northern Nigeria.

Your Excellency, Mr. President,

It is time to also take bold policy measures to drive the structural transformation of agriculture, with infrastructure and spatial economic policies.

The key for this is the development of Special Agro-industrial Processing Zones (SAPZs) across the country. These will be zones enabled with infrastructure and logistics, to support private sector food and agriculture companies to locate close to the areas of production, and to process and add value to food and agricultural commodities.

The African Development Bank and its partners have already mobilized $520 million towards the program.

We are working closely with the Federal Government, seven State Governments, the Federal Capital Territory, the Ministries of Finance, Agriculture, Trade, Industry and Investment, Water Resources, and the Nigerian Sovereign Investment Authority (NSIA) on the design of these Special Agro-industrial Processing Zones. They are expected to create at least 1.5 million jobs.

Here is the lesson: Nigeria should establish Special Agro-industrial Processing Zones all across the country. The e-Wallet System and Growth Enhancement Scheme, to boost farmers access to productivity enhancing farm inputs should be reinstated and enshrined in law. Policy reversals should be avoided.

Your Excellencies,

We must unleash the potential of the youth of Nigeria. Today, over 75% of the population is under the age of 35. More decisive actions are needed to turn this demographic asset into an economic dividend. A young, productive, youthful population, with access to education, skills, social protection, affordable housing, and medical care, will power Nigeria’s economy, now and well into the future.

We must move away from so-called ‘youth empowerment programs.’ The youth do not need handouts. They need investments.

That is why the African Development Bank is currently working with Central Banks and countries to design and support the establishment of Youth entrepreneurship investment banks. These will be new financial institutions, run by young, professional, and highly competent financial experts and bankers, to develop and deploy new financial products and services for businesses and ventures of young people. Several African countries have already indicated their readiness to establish Youth Entrepreneurship Investment Banks.

Here is the lesson: Nigeria should make its youth the drivers of the new economy through the creation of Youth Entrepreneurship Investment Banks, that put new financial ecosystems around them to fully unleash their potential.

Your Excellencies,

One of the industries that will dominate the future is the FinTech industry. By 2030, 650 million Africans will have smart phones, and 50 million will have 5G phone networks. Digital payments, mobile money accounts, savings, credit, and money transfers will revolutionize businesses.

Nigeria’s FinTech is surging as one the leaders in Africa today. Google recently announced plans to invest $1 billion in Africa. That tells you something: they see the demographic and mobile tech growth and how this will rapidly change the future of e-commerce, trade, health, and finance.

Your Excellency, Mr. President,

The African Development Bank will support the Federal Government efforts, being led by Vice President Osinbajo, on the Digital Nigeria. The Bank is preparing investment in Digital and Creative Enterprises (I-DICE) program, a $600 million investment to be co-financed with several partners, which will promote entrepreneurship and innovation in the digital technology and creative industries.

Here is the lesson: Nigeria should take the FinTech industry as a major driver of the economy and invest heavily in digital infrastructure.

Your Excellencies,

An economically resurgent Nigeria must be a more peaceful and secure Nigeria. Today, more than ever, several African countries are spending a significant share of their budgets on security, displacing the resources needed for development.

Increasingly, the investible space in many parts of Africa, including Nigeria, is shrinking due to insecurity and insurgencies.

Yet, resources are not there to enable countries to cope with these rising challenges. We must recognize the strong linkages between security, investment, growth, and development.

That is why the African Development Bank is working on developing Security-Indexed Investment Bonds to help African countries and Regional Economic Communities to mobilize resources to tackle these challenges.

The Security-Indexed Investment Bonds will raise funds on the global capital markets to support countries to upgrade their security architecture, rebuild damaged infrastructure in conflict-affected areas, rebuild social infrastructure and protect zones where there are strategic investments.

Here is the lesson: without security there cannot be investment, without investment there cannot be growth, and without growth there cannot be development. The African Development Bank stands ready to help Nigeria in the design and implementation of Security-Indexed Investment Bonds to raise more resources to tackle its security challenges.

Your Excellencies,

Climate change will pose challenges to Nigeria’s economic resurgence. Climate change has already decimated the whole of the Lake Chad basin. Today, that vast area, which used to provide livelihoods and resources for fisheries, livestock and food production is now littered with patch lands, dried up water beds and scorched earth.

Nigeria must decisively tackle climate change. The African Development Bank will be there to help. The Bank will mobilize $25 billion in climate finance by 2025 in support of African countries.

Here is the lesson: Nigeria must prioritize climate adaptation and mitigation actions. It should prioritize the re-charging of the Lake Chad basin. It should drive for a just energy transition – with natural gas – to protect its economy, assure energy for industrialization, while reducing greenhouse gas emissions.

Your Excellency, Mr. President,

You and Nigeria sent me on an assignment. You personally stood by me in my most challenging moments last year. I was re-elected with 100% of the votes of all 81 shareholder member countries, African and non-African.

I am also grateful for the tremendous support of the Minister of Finance, Mrs. Zanaib Ahmed; the Minister of Foreign Affairs, Geoffrey Onyeama; and the Chief of Staff to the President, Prof. Gambari; and indeed, all members of Cabinet, the National Assembly, and all Nigerians.

I am proud of what we have accomplished to date, with your strong support, and those of 81 shareholder member countries, African and non-African.

The African Development Bank received an increase in its general capital from $93 billion to $208 billion, the largest ever in its history.

The Bank has maintained its stellar AAA-ratings by the major global credit rating agencies, for six-years in a row, thanks to the strong support of our shareholders, including Nigeria.

This year, Global Finance, the globally renowned U.S Magazine, rated the African Development Bank as the Best Multilateral Financial Institution in the world for 2021.

That is the kind of Africa we want!

Africa showing global excellence in the midst of a turbulent world, finding solutions, and driving innovation and change, at scale.

We must work together, hand in hand, and rise above the tide of challenges.

We must never be defined by the extent of our challenges.

You are a very tall man, Your Excellency, Mr. President, so you can handle water in the swimming pool, stand in the deep end, with your head and shoulders still above water.

Like a builder strains to put one block on the other and cements them together, you need to ensure that all the blocks are the right blocks, and that they all fit together, to build the kind of structure you desire, and that the nation deserves.

We must be remembered by our ability, as individuals and collectively, to rise above challenges.

With sharp focus, relentless execution, fairness, equity, public accountability, and transparency, we must drive for a much better and economically stronger Nigeria.

A resurgent Nigeria.

The Nigeria we build.

The Nigeria we love.

Our Nigeria!

I know that Nigeria will shine.

Together, let us make that happen.

History must remember us for that.

Thank you very much, once again, Mr. President, for this great honour!

May God bless you, Mr. President.

May God bless the Federal Republic of Nigeria!

by Online Editor — October 13, 2021 in Opinion 0

Zoning In Nigeria And SWAGA 2023

By Ebun-Olu Adegboruwa, SAN

Last week, and perhaps in response to the issues raised through this column and other contributions from notable Nigerians, the Peoples Democratic Party, PDP, voted in favour of its own Constitution, by zoning the Chairmanship position of the Party to the North, which invariably means that its presidential candidate in the 2023 election will emerge from the Southern part of the country.

This is how it should be, in order to reduce the tension currently stoked by the seeming unending debates on the issue. The ruling All Progressive Congress, APC, is still dancing round the issue and perhaps studying the body language of its major stakeholders, being President Muhammadu Buhari and Asiwaju Ahmed Tinubu.

However it may seek to delay its decision, this is a nut that APC must crack in favour of justice, equity, cohesion and unity of Nigeria. In this regard, APC cannot afford to violate the Constitution of the Federal Republic of Nigeria and indeed its own Constitution. In essence, the presidential candidates of all political parties that hope to be part of the 2023 elections should emerge from the Southern part of Nigeria, in compliance with the dictates of our Constitution on zoning and rotation.

The matter has since gone beyond mere zoning, at least with the unfolding events of recent times. Also last week, Governor Babajide Sanwoolu led other politicians (mainly from Lagos State) to launch The South West Agenda, (SWAGA 2023) which is believed to be the campaign outfit of the former Governor of Lagos State, His Excellency, Asiwaju Bola Ahmed Tinubu.

Not long thereafter, Tinubu himself flew in from London, where he had gone for medical treatment. Tongues have been wagging since then, whether Jagaban as he is fondly called, has any personal ambition for the Presidency in 2023. First, we must all thank God for good health and

His healing power over Jagaban, notwithstanding the initial denials. None of us can play God, so when anyone is reported to have any health challenge, our duty is to pray for his quick and total recovery. I join other Nigerians and his well-wishers to pray that the healing shall be permanent.

But that is not even the issue but rather the full meaning, impact and consequence of zoning and rotation, on such ambition (of BAT) if any. If it is accepted that there is a legal basis to insist on rotation of the presidency to the South in 2023 in order to avoid dominance of power by any particular zone, then such principle must be pursued and implemented holistically, and to its logical conclusion, to avoid the dominance of any particular region or religion.

The major factors determining the political equation in Nigeria in relation to zoning and rotation are geographical location and faith. Indeed, from experience, the latter seems more potent than the former.

President Buhari is a practicising Muslim by all accounts and this is known to all. In fact, some have gone as far as tagging him a religious fanatic or a fundamentalist, citing some of his close cabinet members that he has entrusted with key positions of power in places like Ministry of Justice, Works and Housing, Defence, Finance, Communications, Internal Affairs, FCT, Aviation, Education, Information, name it. So, if there is going to be a power shift in the true sense of the word, then the next President of Nigeria should emerge from the South and he/she should be a PRACTICING Christian.

It is as simple as that or else there should be no basis for insisting on zoning or rotation. By all known parameters, Jagaban is a PRACTICING Muslim and it is very strange that anyone would seek to drag him into the political equation of 2023. Yes, he is married to a Christian, but that has nothing to do with his person and his personal faith.

The religious consideration is attached to the person who is to contest the election, not his spouse or his associates.

Now the absurdity of such consideration (of Tinubu Presidency in 2023) will be better appreciated when the North (going by the same principle of zoning) would queue to produce the next President in 2031, who would by all accounts, still be a practicing Muslim. So, the illogicality of Tinubu Presidency come 2023 is that Muslims will exhaust Buhari’s Presidency for eight full years, take Tinubu’s Muslim Presidency for another eight years and thereafter the North will produce a Muslim President for another eight years, making a total of twenty-four years of unbroken Muslim leadership.

Where is the equity in such an arrangement? And yet we preach justice and fairness? I cannot even imagine its consequence on our psyche as a nation that is trying so hard to achieve unity and cohesion.

Is Tinubu qualified to be President of Nigeria? By all means YES, but given the scenario painted above, it is an idea that should not even be muted at all, by anyone who is sensitive to the feelings, faith and rights of others. So, the way in which I personally see SWAGA 2023 is that Jagaban will be the major player in who becomes the President.

He must be accorded his full recognition in the political equation of the present day Nigeria, he may be allowed to play a major role in the emergence of any presidential candidate of the APC. But to say that SWAGA 2023 means that BAT or any other Southern Muslim will contest the presidential election will be totally insensitive and indeed incomprehensible.

The other aspect of the incongruity of the Tinubu presidency is that of proportional representation. If we advocate for power shift to the South, this will include the South-East, the South-West and the South-South. The people of the South-East and the South-South and all their Governors without exception are Christians. Per adventure it is possible, purely for the sake of argument, that the South-West is invited to present a presidential candidate for the APC because it has the majority (five out of six States), such a candidate should still be a Christian, given the present figures in Lagos (Sanwoolu), Oyo (Makinde), Ogun (Abiodun), Ondo (Akeredolu) and Ekiti (Fayemi). This is why apart from Chief M.K.O. Abiola, no elected candidate from the South has emerged without representing the majority of the people of that religion, who without any doubt whatsoever, are predominantly Christians.

These are not matters of conjecture but pure facts and logic, being the same reason there has been no elected candidate from the North who is not a Muslim. This is the way Nigeria is structured presently and all calculations and permutations for power shift must take account of these factors.

Let me now share with you the thoughts of other notable Nigerians on the issue of zoning and rotation.

Edafe Great Sakoko:

Promoting religion is a no to me. Nigeria’s problem today is caused by Muslims and Christians. Please note not everyone of us believes in Christianity and Islamic. I will prefer a traditionalist rule over us come 2023.

Ilaje Trumpet:

Edafe Great Sakoko I buy your stance oooh, bro… but maybe those Christians tried before weren’t practicing Christians as indicated above by our SAN…

Paul Isaac Ayobamidele:

I think we should really look for the best candidate for this job. The political parties we have now are so useless that they do not have the interest of this country at heart. The issue now is Nigeria is already cracked beyond redemption. Let’s clear off this country and divide it into a manageable portion and then we can start a new beginning. The social system has cracked beyond redemption. We need a new value system, which can never happen in this condition we find ourselves.

Adetola Odumuyiwa:

Well written my erudite Senior Advocate of Nigeria. You were not dashed the title of SAN, you are eminently qualified for it. You went through the gamut of the Nigerian constitution right from the second republic to the present. Your role as stated in this piece is to guide those elements that are trying to manipulate the populace that have seen reading as a difficult thing.

The constitution of the Federal Republic of Nigeria is very clear on the issue of rotation, religion equity and fairness. Those who are claiming merit in choosing the President of Nigeria have forgotten that it was this issue of rotation that produced Mohammad Buhari as President from the North, not merit as the apologists of merit want us to accept. Buhari is the least person to consider on merit for the job. Again, even if the argument on merit is to be given a thought, does it mean that it is only in the North that we have the most qualified candidate for the top job? The writers of our constitution recognized two dominant religions in our country; Christianity and Islam.

On the issue of population, it is not true that the north is more populated than the South, if a real and unbiased population census is carried out. Geographic location or landmass is not the same as the real human occupation. Thank you Big Sam.

Deji Falade:

I watched you last night and I was amazed by the way you spoke, with references from the constitution, quotingg Section 14 subsection 12, and 223 of 1999 constitution thereabout, on the status of power shift for equity. I was dazed at the way you eloquently present your argument sir. You’re one in a battalion. God blessed you always sir.

Ogu Ibrahim Ogelebe Kolu:

Good evening sir. You have really spoken wisely, intelligently and objective. However, I humbly crave your indulgence on certain constitutional provisions that you left untouched. I respectfully urge you to peruse through section 14 (1) of the 1999 CFRN as amended in 2011. It is clear that Nigeria is a state based on democracy. And democracy entails the wills of the masses.

Conversely sections 133 a & b of the 1999 CFRN as amended in 2011 clearly authenticated the concept of plurality of vote as a condition precedent for winning. Sir, I beseech to comply with your submissions that “all constitutional provisions should be read together in order to discover the intent and purpose of the drafters”.

It is crystal clear that the combined effect of section 14 (1) and that of 133 a & b were not contemplated in as much as he passed the test of section 133 a & b of the 1999 CFRN.

Conclusively, the problem of Nigeria is far beyond Zoning, rather it is about the best and competent leaders and best attitude of Nigerians. In view of the foregoing, it is my humble submission that the combined effect of sections 14(1) and 133 a & b of the 1999 CFRN is clear hence they should be construed and interpreted in their ordinary wordings. This is premised on the fact that laws are neither made nor enacted as fancies nor decorations rather they are made to be obeyed.”

When we advocate for power shift, it should be total and holistic, to cover all its components, or else it will lose its effect and impact. And it is left to be seen how a Christian candidate will deputize for Jagaban as a representative of the North in the equation of SWAGA 2023. Clearly therefore, the 2023 presidency should represent a total power shift, both in region and religion.

by Online Editor — October 12, 2021 in Opinion 0

Nigeria In 2023:The Legality Of Zoning

By Ebun-Olu Adegboruwa, SAN

Politicians are busy heating up the polity presently, in order to drive the stakes higher, purely for their own benefits. The starting point is to say that it is most regrettable indeed, that the discussion around the leadership of this great nation has now been reduced to regional, ethnic and religious considerations, instead of being driven by merit, issues and ideologies. But that is what the game has turned to.

This piece is to be situated within the context of that emerging trend, which I do not subscribe to in any manner whatsoever. Thus, this intervention is only a legal prognosis, occasioned by the seeming lack of appreciation of the vital constitutional imperatives by the players and the actors, in the political scene.

The burning questions then are these: who should lead Nigeria in 2023 as President? What are our expectations? Which zone in Nigeria should produce the President? And what are the factors to guide this considerations? Let us examine the following provisions of the Constitution.

Section 131. “A person shall be qualified for election to the office of President if:

(a) he is a citizen of Nigeria by birth;

(b) he has attained the age of forty years;

(c ) he is a member of a political party and is sponsored by that political party; and

(d) he has been educated up to at least School Certificate level or its equivalent.”

The above are the statutory qualifications for anyone aspiring to be the President of Nigeria. Irrespective of the political party, State of origin, the zone or even religion of the aspirant, the Independent National Electoral Commission will only search for the conditions stated above. A number of persons have held on to section 131 as the determining factor of who can be a Presidential Candidate. It is important to note however that in construing the provisions of the Constitution, a holistic interpretation is enjoined by the Courts, given that the Constitution itself is a single document. Thus, all its provisions should be read together in order to discover the intent and purpose of the drafters.

This means that section 131 must ipso facto be interpreted along with other provisions of the Constitution. This then takes us to section 14 (3).

“14. (3) The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that Government or in any of its agencies.”

The words and phrases used in this section are clear, precise and deliberate. Upon a proper dissection, it would be seen that the drafters were laboring to achieve a desired goal, which is the unity of the country through geographical spread in the distribution of public offices.

The head of the ‘Government of the Federation’ is without doubt the President. Election into that office is part of the conduct of the affairs of the Government of the Federation, including the criteria for the choice of the person to occupy that office. Section 14 (3) stipulates that the composition of the government of the Federation of Nigeria should be done to promote federal character of Nigeria.

The purpose of this mandate is to promote national unity and to command national loyalty. Indeed, if only one State in Nigeria or a particular section of the country is to produce the President all the time, then that will lead to political isolation and marginalization. Let us break it down. If the President of Nigeria is to be chosen from Igboland all the time, the Yoruba and Hausa will feel a sense of neglect and may not see the need for granting loyalty to such leader.

How do you command national loyalty from the Igbos if the North is to produce the President of Nigeria forever? How do you promote national unity when other sections of the country are deliberately excluded from clinching the highest position available?

The argument of the proponents of a Northern President come 2023 is hinged on section 133 of the Constitution which says that a candidate will be declared President if he has a majority of YES votes over NO votes cast at the election and he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

The thinking is that if the North should swing its block votes in favour of any particular candidate, then that section could always insist on producing the President. This cannot stand as one section of the Constitution cannot stand to violate another section, in this case section 14 (3), which clearly prohibits the ‘predominance of persons from a few States or from a few ethnic or other sectional groups’ in public office or in any agency of the government. President Muhammadu Buhari was elected President in 2015 and he is from Katsina State in the Northern part of Nigeria.

He was re-elected for a second term in 2019, and he is expected to complete his eight-year tenure in 2023. In line with section 14 (3) of the Constitution, the Southern part of Nigeria is expected to produce the next President come 2023, whether or not they have majority of the votes. What is required is to combine section 131 on the eligibility of the candidate for the office of the President with section 14 (3) to determine his qualification. In other words, after fulfilling all the requirements stipulated in section 131, the candidate must of necessity not be in violation of section 14 (3). So, even if a candidate is ordinarily qualified by virtue of section 131 of the Constitution, he can be disqualified under section 14 (3) if he is from the same section of the country as the incumbent President.

The idea of rotation and zoning was mooted during the second republic by the National Party of Nigeria, which was then struggling to build a party with national appeal. It was later included in its Constitution vide Article 21 thereof that NPN will strive to achieve ‘national character’ in all its dealings. I believe that this is the origin of the phrase ‘federal character’, which later surfaced in the 1999 Constitution.

This would also explain section 223 (1) (b) and (2) (b) of the 1999 Constitution, which make it mandatory for all political parties to reflect the principle of federal character in their Constitutions.

“223. (1) The Constitution and rules of a political party shall –

(b) ensure that members of of the executive committee or other governing body of the political party reflect the federal character of Nigeria.

(2) For the purpose of this section –

(b) the members of the executive committee or other governing body of the political party shall be deemed to reflect the federal character of Nigeria only if the members thereof belong to different States not being less in number that two-thirds of all States of the Federation and the Federal Capital Territory, Abuja.”

It is not a matter in which the political parties have a choice at all, as they must reflect federal character in all their operations, including the sharing of political offices, in order to ensure strict compliance with the 1999 Constitution. Indeed, section 1 (2) thereof states that “the Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.”

Thus, when the founders of the Peoples Democratic Party (PDP) were planting the Party, they adopted the equitable principle of rotation and zoning and this was expressly inserted in its Constitution.

Article 7 of the Constitution of the Peoples Democratic Party:

“7. (1) The Party shall have a manifesto which, subject to the provisions of the Constitution of the Federal Republic of Nigeria, shall be implemented by all organs of the party and governments elected under its platform.

(2) The Party shall strive to –

(b) promote federalism and an equitable revenue sharing formula.

(3) The Party shall pursue these aims and objectives –

(c) adhering to the policy of the rotation and zoning of Party and Public elective offices in pursuance of the principle of equity, justice and fairness.”

Articles 3 and 7of the Constitution of the All Progressives Congress:

“Motto: Justice, Peace and Unity”

“7. (1) To promote and foster the unity, political stability and national consciousness of the people of Nigeria.”

(2) To promote true federalism in the Federal Republic of Nigeria.”

Article 2 of the APC Constitution:

“Subject to the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and any other Laws for the time being in force in the Federal Republic of Nigeria, the provisions of this Constitution shall be supreme PROVIDED that where any Rule, Regulation or any other enactment of the Party is inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria, such a Rule, Regulation and Enactment shall, to the extent of its inconsistency, be null and void and of no effect whatsoever.”

In August 2006, Northern Governors gathered in Kaduna, led by the then governor of Nasarawa State, His Excellency Abdullahi Adamu, to insist on the implementation of the principle of rotation and zoning. They claimed that there was an existing precedence on the matter and even alluded to a ‘gentleman’s agreement’ between politicians across the country, on the issue.

They won that argument at that time. Section 17 (1) of the 1999 Constitution states that the State social order is founded on ideals of freedom, equality and justice. Equality means the balance of power is not tilted in favour of a section of the country against the other sections. I verily believe that this prompted Governors of the Southern States to make a similar demand for power shift or zoning in 2021, as the case may be. It is nothing new, but rather expected and logical, that after the tenure of President Muhammadu Buhari in 2023, the Southern part of Nigeria should produce the President after him. That will accord with fairness and justice indeed. As I have stated on several occasions, it will be totally insensitive for the North to expect to produce the President of Nigeria, after the Buhari administration.

And I think the same factor should be extended to the faith of the leader. In the context of the present-day Nigeria, it will be manifestly unfair and unjust for Christians to be denied the opportunity of leading the nation. Thus, it is expected that the next President after the present one should come from the Southern part of the country and he should be a practicing Christian. This is meant to achieve stability in the polity and avoid undue tension and agitations.

The Nigerian Bar Association is currently practicing the principle of rotation and zoning, between the North, West and the South and it has worked smoothly and effectively, for the body of lawyers. There is no reason why it shouldn’t work for Nigeria.

by Online Editor — October 5, 2021 in Opinion 0