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N’Delta: Aftermath of Disarmament

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On the 4th of October, 2009, the period set for the amnesty process will come to a close. A review of the process so far will reveal some modest success but there are a lot of challenges. First and foremost, It is clear that the amnesty process has been politicised. As Jide Ojo has argued.

Perhaps, the greatest threat to the amnesty deal is the frosty relationship and muscle flexing between two Timis. The administration of Timipre Sylva, Governor of Bayelsa State has accused the Honourary Special Adviser to the President on Niger Delta Matters, Mr. Ndutimi Alaibe of undermining his authority. The Secretary to the Bayelsa State Government had in a reaction to the disarmament that took place at Azuzuma, Bayelsa State accused Alaibe of introducing politics into the amnesty exercise. The SSG also said the protest in Yenagoa is politically motivated to erode the gains recorded by his governor in the amnesty programme. It is an open secret that Timi Alaibe has his eyes fixed on the governorship of Bayelsa State and would want to make capital political gain of his present position. However, the issue at hand needs to be dispassionately tackled so that the amnesty deal does not get scuttled. There is need for the two Timis to sheath their swords and work together in the larger interest of Nigeria and their Niger Delta region.

It would be recalled that on September 6, 2009, thirty-year-old South Wing Commander of the MEND, Mr. Kile Selky Torughedi, a.k.a ‘Young Shall Grow’ submitted a large cache of weapons to Timi Alaibe. They included assorted guns and rifles, grenade launcher chargers, grenades, dynamites, bombs and gun boats. He claimed he had 350 fighters and that he speaks French and has soldiers from Liberia and Gabon. In a footage of his village shown on one of the Africa Independent Television (AIT) on September 17, I saw a Nursery school founded and funded by Kile as well as old women he engages on environmental sanitation on N10,000 monthly salaries each. Talk of failure of governance!

Secondly, there has not been professional execution of the process. The laid down process of disarmament and demobilisation was not followed in all cases leading to demonstration by militants in Yenogoa, Bayelsa State on 4th, 7th and 25th September, 2009. The militants complained of being accommodated in dilapidated buildings in rehabilitation centres and non-payment of their allowances.

Thirdly, the root causes of the crisis in the Niger Delta have not been tackled. Peace requires justice. For the amnesty process to succeed, the injustice done to the Niger Delta people over the years must be redressed. Peace. without justice is peace of the graveyard and is not sustainable.

Furthermore, the level of participation of international and local observers, communities and stakeholders in the process is low. Peace process requires robust participation of stakeholders to increase confidence. In particular, the participation of women in peace building is key because women’s participation not only put new items on the agenda but also because women are perceived to be more empathetic which enhances their reconciliatory and political work as negotiators and possibility of fostering confidence and trust.

As has been alluded to above, disarmament and demobilisation without an effective reintegration programme will only produce “temporary peace” of the graveyard. A successful amnesty process or DDR should create the basis to right the wrongs of the past and help to create a just and equitable society. By the time that the amnesty period expired on 4th October, 2009, it was unlikely that majority of the militants had handed in their arms and ammunitions.

The Movement for the Emancipation of the Niger Delta (MEND) had requested for extension of the deadline. At the expiration of the moratorium period, the Federal Government is expected to resist the temptation of launching a new military action against militants who may not have surrendered. That will only escalate the crisis and create a new wave of militancy. As General Luke Aprezi, a former Commander in ECOMOG and Force Commander for the African Union Force (now UN Force) has counselled,I can tell you point blank that the war is not winnable by the Nigerian Army. Military can never solve the problem in the Niger Delta. Because Sri Lanka fought the Tamil Tigers for 26 years and now they seem to have defeated the Tamil Tigers, but then, you win the war, have you won the peace? It is what will come out of winning the peace that will determine whether there would be further uprising or not.

I can categorically tell you that Nigerian army cannot win the war in Niger Delta. From my experience all over the world, at best military will carry out a holding action till a political solution is found.

Secondly, every effort must be made to avoid the politicisation of the re-integration phase of the amnesty process which will determine whether or not there will be reversion to violence.

Furthermore, the capacity of the relevant officials must be built to proper handle the reintegration process. The errors that led to the demonstration of militants in Yenogoa, Bayelsa State must be avoided.

Another important point is that states and local government areas in the Niger Delta must change their ways in terms of transparency and accountability to ensure that the vast amount of resources that have been flowing into the Niger Delta since 1999 can be translated into improvement in the lives of citizens. From 1999 to 2007, Delta State received the sum N463 billion from federal allocation. This amount is more than allocation to five states (Anambra, Gombe, Ekiti, Nassarawa and Plateau) put together. This is why Mr. Konyinsola Ajayi pointed out that “it is a shame that Delta State is not a mini-Dubai today, given the enormous resources that have been allocated to the state.” Until the people of the Niger Delta see politics as service to the people and not an avenue to “come and chop” either alone or in conjunction with others, there will be no meaningful progress in the region.

Igbuzor is a guest of the editor.

 

Otive Igbuzor

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Bill For Compulsory Counselling For Convicted Corrupt Nigerians Scales Second Reading

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A bill to amend the Corrupt Practices and Other Related Offences Act 2000 has passed its second reading in the House of Representatives.
The bill, which mandates compulsory counselling and training for individuals convicted of corruption-related offences, was sponsored by Kayode Akiolu (APC-Lagos) during plenary on Wednesday.
Leading the debate, Mr Akiolu explained that the bill sought to amend Section 67 of the principal act, introducing new provisions that were not part of the original section.
“These additional provisions, found in subsections 2, 3, and 4 of the amendment bill, require judges and magistrates to not only impose imprisonment and/or fines on those convicted of corruption but also mandate a minimum four-week anti-corruption counselling and training.
“The counselling and training will be designed and delivered by the Anti-Corruption Academy of Nigeria (ACAN) and aims to address the psychological factors related to corrupt behaviour,” Mr Akiolu said.
Mr Akiolu emphasised that the training would help reform convicts by addressing their corrupt tendencies and could even transform them into advocates for anti-corruption efforts.
He added that this approach aligned with the reformative aspect of the criminal justice system, which focused on punishment and rehabilitation.
“As per subsection 4, the bill allows magistrates and judges to order convicts to cover the cost of their counselling and training, preventing additional financial burdens on the government,” the lawmaker noted.
Mr Akiolu further argued that if the bill is passed into law, it would strengthen the country’s fight against corruption.
Given the widespread negative impact of corruption, he urged the House to support the bill for the country’s benefit.
Following the debate, Speaker Tajudeen Abbas referred the bill to the relevant committee for further legislative consideration.

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Judiciary, Media Key Pillars Of Democracy, Says CJN

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The Judiciary and the Media are key pillars of democracy, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has said.
Kekere-Ekun made this statement in her address at the 2024 National Conference of the National Association of Judiciary Correspondents (NAJUC).
The CJN was represented by Mr Abdulaziz Olumo, the Secretary of the National Judicial Institute (NJI).
“ The judiciary and the media occupy unique and complementary roles in any democratic society.
“ The judiciary serves as the guardian of justice, equity, and the rule of law, the media acts as the conscience of society, disseminating information, shaping public opinion, and ensuring accountability.
“ Together, these institutions provide checks and balances that strengthen the fabric of democracy,” she said.
Quoting Felix Frankfurter, a former U.S. Supreme Court Justice, she said: free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society.”
The CJN said this dynamic interdependence between the judiciary and the media presents opportunities and challenges alike.
“ The media is entrusted with the responsibility of informing the public about judicial activities, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work.
“ However, the inherent power of the media to influence public opinion requires careful management, especially when its focus turns to judicial proceedings.
“ The question posed by Robert J.Cordy, a former Associate Justice of the Massachusetts Supreme Judicial Court, is pertinent here: “What happens when the free press turns its sights on the courts-scrutinizing, sensationalizing, and exposing the frailties of the judiciary while questioning its ethical standards and performance?”
“The media’s capacity to shape narratives and perceptions is undeniable” she said.
Quoting Jim Morrison , she said “Whoever controls the media controls the mind.”
According to her, this underscores the immense responsibility placed on journalists to report truthfully, fairly, and objectively.
“ Unfortunately, the commercialisation of news and external influences have led to the rise of sensationalism-a practice that distorts facts, erodes trust, and undermines the very essence of journalism.
“ Sensationalised headlines, such as the infamous 2016 headline “We raided the houses of ‘corrupt, unholy’ judges, says DSS,” can paint a skewed picture of the judiciary and its officers. Such reporting, often devoid of context, compromises the integrity of the justice system and misleads the public.
“ Closely tied to this is the issue of “trial by media,” where premature and often biased media narratives prejudge cases and infringe on the constitutional rights of individuals” she said.
She added that as Mahatma Gandhi rightly observed, “The sole aim of journalism should be service.” It is imperative for media practitioners to remain steadfast in their commitment to truth and objectivity.
To this end, she advised, the National Association of Judiciary Correspondents to take proactive steps to regulate the activities of its members.
“ This is not merely about enforcing rules but about fostering professionalism and safeguarding the credibility of the media.
“ The judiciary and the media must work as partners in progress.
“ To bridge the gap between these institutions, there is a pressing need for constructive engagement and mutual understanding.
“ Courts can provide the media with guidelines on judicial processes, courtroom decorum, and the nuances of court proceedings.
She noted that globally, courts have adopted initiatives to support the media’s role in reporting judicial matters.
For instance, she said the Supreme Court of Dakota’s media guide outlines protocols for courtroom reporting, while the UK ‘s Media Guidance document provides clarity on access and etiquette for journalists.
“ These examples demonstrate how structured collaboration can enhance the quality of judicial reportage.
“ In Nigeria, we can take a cue from these models by developing a comprehensive media guide tailored to our judicial landscape.
“ This initiative, which would involve inputs from NAJUC and judicial stakeholders, would not only enhance media access to courtrooms but also ensure that judicial activities are accurately and responsibly reported” she said.
She advocated that judiciary correspondents must make deliberate efforts to familiarise themselves with the rules and procedures of the courts.
She added that understanding these frameworks will enable journalists to navigate the complexities of judicial proceedings effectively and responsibly.
“ Training programs such as this conference play a crucial role in equipping judiciary correspondents with the knowledge and skills needed to report judicial matters accurately.
“ The theme of this year’s conference, “The Role of Courts in Enforcement of Judgments,” is both timely and significant, as it addresses an aspect of judicial work that is critical to upholding the rule of law and ensuring justice.
“ I commend NAJUC for its commitment to promoting accountability and transparency through its engagements with the judiciary.
“ As I conclude, I must emphasize the importance of credible journalism in strengthening public trust in the judiciary” she said.
She urged judiciary correspondents to prioritise the pursuit of truth and objectivity, resist undue influences, and remain steadfast in their commitment to ethical standards.
She commended the leadership of NAJUC, under the chairmanship of Mr Kayode Lawal, for its efforts in promoting professionalism among judiciary correspondents.

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Senate Issues Arrest Warrant Against Julius Berger MD Over Road Project

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The Senate has issued an arrest warrant for the Managing Director of Julius Berger Nigeria Plc, Dr Peer Lubasch, to appear before its Committee on Works.
The Tide’s source reports that the warrant was for Lubasch to explain the utilisation of funds appropriated for the reconstruction work on Calabar-Odukpani-Itu highway.
The warrant followed the adoption of a motion sponsored by Sen. Osita Ngwu (PDP- Enugu) and co-sponsored by Sen. Asuquo Ekpenyong (APC-Cross River) and Sen. Mpigi Barinada (PDP- Rivers) at plenary in Abuja, yesterday.
Ngwu, in the motion said, that the senate had mandated the committee on works to conduct investigation into the state of road infrastructure across the country.
He said that in furtherance to the investigative hearings, Julius Berger refused to honour invitations to provide details of its role in the Calabar-Odukpani-Itu highway project, in spite of receiving substantial public funds.
He said that this was worrisome, given the alarming discrepancies in performance among contractors on the project, with specific reference to Julius Berger for failing to meet delivery timelines.
Ngwu said it was the constitutional powers of the National Assembly under Sections 8 and 89 of the 1999 Constitution, as amended, to conduct investigations on any person or organisation responsible for administering public funds.
He said that the powers set out in section 6 of the legislative powers and privileges act empowered the Senate to issue warrants of arrest on persons in contempt of its proceedings.
The Tide source reports that the senate further ruled that President of the Senate, Godswill Akpabio, should sign the warrant, mandating the Julius Berger managing director to appear on a date to be communicated.
Akpabio said that the senate’s decision was in line with its constitutional powers under Section 89 of the 1999 Constitution (as amended).
“This senate will not tolerate the continued disregard of its authority.
“The managing director of Julius Berger must appear before the relevant committee, failing which further actions will be taken as prescribed by the constitution.
“The point of order, which was supported by the majority of the senators, highlighted the importance of upholding the integrity of the legislature.
“The senate committee will submit its findings to the National Assembly after the MD’s appearance.
“If there is any further failure to comply, we shall take the necessary steps to ensure respect for the constitution and the rule of law,” Akpabio said.

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