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The Adamawa Judgement: Any Hope For Nigerian Democracy?

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Mr. Chris Finebone – APC Chieftain.
My perspective of what happened in Adamawa in terms of the judgement that has just been delivered is that it portends some ray of hope for us as Nigerians. It was a similar judgement of the Supreme Court that brought Governor Amaechi into power.
It tells you that there is hope for democracy here. It tells you that ultimately, justice, fairness, equity must prevail over impunity and injustice with the help of the judiciary. I have heard a lot of people say that when the former Adamawa State governor, Murtala Nyako, for which Ngilari was his deputy, defected to APC that Ngilari did not defect with him, likening it to the scenario in Sokoto State where Wamako has defected to APC and Shagari his deputy has not so far, to our knowledge, defected to APC. It is now history that the former governor was impeached and all the Shananiga that happened threw up all kinds of characters and plots and all that and Fintiri manouvred his way and became governor and all that.
But what the court has done was to redirect and tell people that you must do things correctly. You must do right things, the right way and not right things the wrong way. You must also not do the wrong thing the right way and expect it to stand.
However, we shouldn’t make a fetish of this judgment. We have seen judgments like this before but our people returned to inflict all kinds of impunity on the citizens. Of course, it was a very valid, sweet judgement like the one that brought Governor Amaechi into power. But that did not stop all kinds of characters like Police Commissioner Mbu and the Presidency from plotting to commit all kinds of heinous crimes in Rivers State. So we shouldn’t make a fetish of this particular judgement. There is nothing too special about the judgement that should be instructing us about the way to go. It is just one judgement. Evil men will continue on their evil path. Yes the court judgement on Adamawa is good but we are not out of the woods yet.

Mr. Stanley Job Stanley – Journalist.
I think the judgement is in order. It’s in order because the constitution says if a governor wants to resign from office, he submits his resignation letter to the state House of Assembly, while the deputy governor submits to the governor. But in this case, the deputy governor instead of submitting to the governor, submitted to the assembly. We were told that by the time he submitted his resignation letter to the assembly, the governor was still in office, although impeached that same day. And that brings us to the thinking of some people, whether Ngilari submitted the resignation letter to the Assembly, knowing very well that that process was not the right way to follow and may be intended to turn round and go to court and see how he can obtain favourable judgement. That is the way some of us look at it, because there is no way a deputy governor will claim not to know the constitution or the right place to submit his resignation letter. The speaker too might have accepted the letter and acted on it out of ignorance. Because as of the time the letter was submitted, the governor was still in office. So if the deputy governor wanted to do the right thing, he would have gone straight to the governor to submit the letter. In law, the judgement was very correct because the Deputy Governor followed a wrong process and he capitalized on that, telling the court that he didn’t follow the right process, and the court saw that it was true and reinstated him.
I believe in future, there will be no such deliberate attempt to submit a resignation letter in a wrong place. If a deputy governor in another state tries to submit a resignation letter to the House of Assembly, he will be told to take it to the governor. These are some of the things that happen which make our democracy stronger. We have over the years learnt a lot of things through the practice of democracy. We have also discovered that our laws need to be amended in one way or the other.
Ananymous Lawyer –
As far as I am concerned, the judgement is the position of the law. The former governor, Nyako, did not receive his deputy’s resignation letter. The constitution says that such letter should be written to the governor not the state House of Assembly.
It is a landmark judgement and the way it was enforced immediately by the swearing in of Ngilari as the governor shows that democracy is evolving in Nigeria. There were many instances where court judgements were not honoured especially by those in authority so, for them to have abided by the pronouncement of the court shows we are growing up. It also serves as a big lesson to politicians who think they can twist the constitution any how they like and get away with it.

Miss Chinenye Nwangwu – Student
I think the judgment was a sound one. It is a lesson to all greedy politicians like Fintiri who think they can maneuver their ways and get whatever they want. Fintiri was simply over ambitious and I think the judge did the right thing by following the provisions of the constitution. I am also happy that tax payers’ money was not wasted on the bye-election which would have held on October 10. For once, let our leaders, politicians learn how to do the right thing at the right time.

Mr. Ajubo Isaac – Politician
With this judgement, one can say there is hope for Nigerian democracy because the purported resignation of Bala James Ngilari, the then deputy governor to Murtala Nyako was wrong. The resignation letter as acclaimed should have been submitted to the then governor not to the state House of Assembly.
To me, the judgement has once again proved that judiciary is the hope of the common man. When his boss was impeached, constitutionally, Ngilari should have been sworn in as the governor. But  his right was denied him and instead the Speaker of the House of Assembly, Fintiri, was made the acting governor. Ngilari eventually took the matter to court which after due assessment and investigations ruled that Ngilari be sworn in as the governor since the said resignation letter didn’t pass through the constitutional procedure.  No party, persons, legal practitioners can fault the
judgement, knowing it has merits. And it is a big lesson for all.

Mr. Moses Abam – Public Servant.
The judgement pronounced in favour of the former Deputy Governor of Adamawa State, Bala James Ngilari could be said to have been preplanned. From the onset, the former governor, Murtala Nyako defected from PDP to APC but Ngilari did not. So, the PDP must have used the speaker of the state House of Assembly and other members to mastermind the impeachment of the governor.
Why did almost every PDP member accept the court ruling? It is simply because the PDP saw the over ambition and anxiety of Speaker, Fintiri, to be the governor of the state which PDP did not want and that Ngilari is a real party (PDP) loyalist. Does this judgement hold any hope for Nigerian democracy? I doubt.

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Opinion

Respecting The Traditional Institution

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The traditional institution is as old as human society. It predates the advent of modern organised society. Before the emergence of modern justice system of dispute resolution and political system of administration, the traditional institution has existed long ago. In fact, it was so revered and regarded as sacred because of the mythological conviction that it was the “stool of the ancestors”. Consequently, judgment given was deified as many people especially the traditionalists believe it was the mind of the gods revealed. Perversion of justice , in the pre-modern justice system was alien and considered uncommon. Chiefs and traditional rulers though may not have generated knowledge formally (through the four walls of a classroom), yet they embody and exemplify knowledge. They hold fast the virtue of integrity and honour, fairness and relative impartiality, partly because they believed that the stool they occupy was ancestral and traditional as act of indiscretion can court the wrath of the gods at whose behest they are on the traditional saddle of authority.
The Compass of Life stated unequivocally that “the throne is preserved by righteousness”. Where righteousness, integrity and honesty are savoured,and valued, perversion and miscarriage of justice is an anomaly. The judgments of traditional rulers and chiefs were hardly appealed against because they were founded on objectivity, fairness, truth and facts beyond primordial sentiment and inordinate interests or pecuniary benefits. Judgments were precedent. Traditional rulers and chiefs, therefore carved a niche for themselves, earning the respect of, and endearing themselves to the heart of their subjects. Is it the same today? Some traditional rulers and chiefs are administering their communities in exile; they are diasporic leaders because they have lost the confidence of the people through self-serving, raising of cult group for self-preservation, land grabbing and other flagrant corrupt practices.
When truth is not found in the traditional institution that, in my considered view, constitutes the grassroots government, then crisis is inevitable.In most African societies before advent of the Christian Faith, and consequent Christening of the traditional stools in many communities in recent times, ascent to the traditional institution was a function of a traditional method of selection. It was believed that the gods make the selection. And whoever emerges from the divination processes eventually is crowned as the king of the people after performing the associated rituals.Whoever lacked the legitimacy to sit on the throne but wanted to take it forcefully, traditionalists believed died mysteriously or untimely. Traditional rulers wielded much influence and power because of the authority inherent in the stool, the age of the person designated for the stool notwithstanding. The word of the king was a law, embodied power. Kings so selected are forthright, accountable, transparent, men of integrity, did not speak from both sides of the mouth, could not be induced with pecuniary benefits to pervert justice, they feared the gods of their ancestors and were consecrated holistically for the purpose dictated by the pre and post coronation rituals.
Some of those crowned king were very young in those days, but they ruled the people well with the fear of the gods. There was no contention over who is qualified to sit or who is not qualified to. It was the prerogative of the gods. And it was so believed and upheld with fear.Kings were natural rulers, so they remained untouchable and could not be removed by a political government. If a king committed an offence he was arrested and prosecuted according to the provision of the law. But they have immunity from sack or being dethroned because they are not political appointees. However, the people at whose behest he became king reserved the power to remove him if found guilty of violating oath of stool. The traditional institution is actually the system of governance nearest to the people. And kings were the chief security officers of their communities. So indispensable are the roles of kings and traditional rulers to the peaceful co-existence of their people, ensuring that government policies and Programmes were seamlessly spread to the people that many people are clamouring for the inclusion of definite and specific roles in the Constitution for the traditional institution.
Traditional rulers are fathers to every member of their domain. So they are not expected to discriminate, show favouritism. By their fatherly position traditional rulers, though can not be apolitical, are also expected to be immune from partisan politics. This is because as one who presides over a great house where people of different political divide or interest belong, an open interest for a political party means ostracisation of other members of the family which could lead to disrespect, conflict of interest, wrangling and anarchy. Traditional rulers are supposed to be selfless, preferring the interest of their people above their personal interests following the consciousness that they are stewards whose emergence remains the prerogative of the people. The position is essentially for service and not for personal aggrandisement and ego massaging. So they should hold the resources of the people in trust. However, in recent past the traditional institution has suffered denigration because of unnecessary emotional attachment to political parties and political leaders. Some traditional rulers and kings have shown complete disregard to the principle of neutrality because of filthy lucre and pecuniary gains, at the expense of the stool and people they lead. Sadly some traditional rulers have been influenced to pervert justice: giving justice to the offender who is rich against the poor.
Traditional leaders should be reminded that the “throne is preserved by righteousness”, not by political chauvinism, favouritism, or materialism.Traditional rulers should earn their deserved respect from political leaders by refusing the pressure to be subservient, beggarly, sycophantic and docile. Traditional leaders have natural and permanent leadership system, unlike the political leadership that is transient and tenured.They should be partners with every administration in power and should not be tied to the apron string of past leaders whose activities are aversive to the incumbent administration and thereby constituting a clog in the development of the State and the community they are to woo infrastructure development to. It is unpardonable error for a traditional ruler to have his conscience mortgaged for benefits he gets inordinately from any government.It is necessary to encourage kings and traditional rulers to not play the roles of stooges and clowns for the privileged few, political leaders. Political leaders are products of the people, even as every government derives its legitimacy from the people.
No doubt, the roles of traditional rulers are so necessary that no political or military government can operate to their exclusion. This is why the 10th National Assembly mulled the inclusion of Traditional institution in the proposed amendment of the Constitution of the Federal Republic of Nigeria.Traditional rulers and chiefs should, therefore, be and seen to be truthful, forthright, bold, courageous, honest and people of integrity, not evasive, cunning, unnecessarily diplomatic and economical with truth.The time to restore the dignity of the traditional institution is now but it must be earned by the virtuous disposition of traditional rulers and chiefs.

Igbiki Benibo

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Opinion

Periscoping The Tax Reform Bills (1)

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The Tax Reform Bills, presented by President Bola Ahmed Tinubu to the National Assembly for passage since October, 2024, have continued to stir hot debates both at the National Assembly and within the wider Nigerian society. A quartet of presidential proposals comprising; the Nigeria Tax Bill 2024, the Nigeria Tax Administration Bill, the Nigeria Revenue Service Establishment Bill, and the Joint Revenue Board Establishment Bill; the bills present the most audacious overhauls in revenue collection laws ever proposed in Nigeria. The Nigeria Tax Bill (NTB) promises to be a comprehensive piece of single legislation that streamlines tax administration in the country.
Currently, national taxes and revenue collections are being administered through more than 11 different direct/indirect laws, and collected through numerous agencies, often times without inter-agency co-ordination, transparent accountability and timely remittances. Recent reports exposed a recurrent setback of the status quo, when in January, 2025, the Federal Accounts Allocation Committee (FAAC) accused the Nigerian National Petroleum Company Limited (NNPCL) of withholding N13.763 trillion. According to FAAC, out of the N27.28 trillion payable to the federation accounts from sales of domestic crude between 2012 and 2024, only N13.524 trillion had been remitted, leaving a balance of N13.763 trillion. Such accusations are weighty, and no doubts, justify the need to streamline revenue collections in the country.
Going by its current proposal, the NTB aims to repeal 11 prevailing laws – Capital Gains Tax Act, Casino Act, Companies Income Tax Act, Deep offshore and Inland Basin Act, Industrial Development (Income Tax Relief) Act, Income Tax (Authorised Communications) Act, Personal Income Tax Act, Petroleum Profits Tax Act, Stamp Duties Act, Value Added Tax Act and Venture Capital (Incentives) Act. These repeals would trigger a cascade of consequential amendments on numerous other enactments, encompassing the Petroleum Industry Act, the Nigerian Export Processing Zones Act, the Oil and Gas Free Trade Zone Act, the Petroleum (Drilling and Production) Regulations of 1969, the National Information Technology Development Agency Act, the Tertiary Education Trust Fund (Establishment) Act, the National Agency for Science and Engineering Infrastructure (Establishment) Act, the Customs, Excise Tariffs, Etc. (Consolidation) Act, the National Lottery Act, the Nigerian Minerals and Mining Act, the Nigeria Start-up Act, the Export (Incentives and Miscellaneous Provisions) Act, the Federal Roads Maintenance Agency (Establishment, Etc.) Act, and the Cybercrime (Prohibition, Prevention, Etc.) Act.
A key reality is that NTB’s axing blows would scrap the laws that established Federal Inland Revenues Service (FIRS), and in its place establish the Nigeria Revenue Service (NRS). The NTB proposes vesting upon the NRS, unlike in the FIRS, the powers to collect all taxes in Nigeria, including excise and import duties currently reserved for the Nigerian Customs Service, and oil revenue royalties which presently is the exclusive privilege of the Nigerian Upstream Petroleum Regulatory Commission (NUPRC). The NTB would be empowering the NRS with a supremacy clause which provides in part that, “this Act shall take precedence over any other law with regard to the imposition of tax, royalty, levy, excise duty on services or any other tax. Where the provisions of any other law is inconsistent with the provisions of this Act, the provisions of this Act shall prevail and the provisions of that other law shall, to the extent of the inconsistency, be void.”
If passed, the emergent laws would have far-reaching reverberations across revenue generating and collecting interests across Nigeria. The new laws would phase-out or drastically shrink the powers of institutions that by their strong-holds on the proceeds of national resources, had detected the pace of the Central Bank of Nigeria and even those of governments. Proponents of the tax laws say the new reform is to increase revenue collection efficiency and reduce collection costs, considering that revenue agencies deduct commissions as collection charges even as their staff are employees of government, paid salaries for same job. However, the closing of every economic order may create losers and usher-in new set of winners. It is therefore no wonder that the tax reform bills have continued to generate much heated debates in Tinubu’s administration than no others.
Worrisome however, is the trend of the ensuing arguments which, tending towards a rather North Vs South polarising dimension, have concentrated solely on the sharing formular for Value Added Taxes (VATs), while politicians appear to be neglecting numerous other issues that bear more on the generality of Nigerians. It is also disappointing that much attention is not being paid to the blocking of revenue collection loopholes. How that Nigeria’s commonwealth is equitably harnessed and distributed to care for every Nigerian, should have been the crux of revenue arguments. As the NTB proposes a progressive VAT that would jump from 7.5per cent to 10per cent in 2025, then to 12.5per cent from 2026 to 2029, and culminate to 15per cent in 2030, it implies there is no plan to tame the current inflation burdens currently inflicting Nigerians…. (To be continued)

Joseph Nwankwor

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Opinion

Nigeria Police And The “Miscreants” Theory

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The “withdrawn” reaction of the Rivers State Police Command to public condemnation of the police antagonism to a recent peaceful protest in Port Harcourt, tagged #Take-IT-Back Movement organised by Civil Society Organisations, the Niger Delta Congress and other concerned groups, leave much to be desired. The Police Public Relations Officer of the Rivers State Command, Grace Iringe-Koko in what seems a brilliant  defence to the action of the unprofessional and inordinately ambitious conduct of the policemen had described those whom the police threw cannisters of teargas at, as, “miscreants and  thieves”. To say the least, the Channel Television Reporter, Charles Opurum, Allwell Ene of Naija FM, Soibelelemari Oruwari of Nigeria Info, Ikezam Godswill of AIT and Femi Ogunkhilede of Super FM who were among those tear-gassed while discharging their legitimate duties of covering the peaceful protest,  could not have been “miscreants” and “thieves”. Such practice of giving  people a bad name to whip up public sentiment and hate and give a cosmetic treatment to an exceedingly ugly incident, seems the antics of some men of the Nigeria Police.
Some years ago I remember a trigger- happy police officer had rhetorically asked me, “Do you know I can shoot you here and brand you a criminal”? The question that readily came to my mind was, if a public officer and a professional journalist of several years  of practice could be so threatened and branded a criminal, what is the fate of common citizens in society. That lends credibility to the fact that some victims of police brutality and extra-judicial killings are innocent. They are mere victims of circumstances. It is also common experience that men of the Nigeria Police swoop on scenes of crime,  arrest some innocent residents of the area, brand them suspects and hurl them in detention for more than 48 hours. Nigeria Police should be more  professional enough in their operations, so that  innocent people will not suffer humiliation, incarceration and financial losses for bail. Agreed that it is within the statutory obligation of the Public Relations unit  to launder the image of its organisation, but it should be done with discretion, and not with utter disregard and disrespect to the sanctity of human lives. Refutal must be factual and truth based.
The public relations or image making service if not done conscientiously can dent the credibility and integrity of a practitioner. No doubt the viral video clips on the police hurling teargas cannisters on peaceful protesters cannot be described as a figment of imagination or an attempt to “incite public anxiety and create unnecessary tension within the State” as stated by the Police Public Relations Officer in her reaction to public condemnation of the action of her colleagues.  Though the able and Media-friendly Rivers State Commissioner of Police has apologised to the Nigeria Union of Journalists, Rivers State Council and  the assaulted Journalists, for the unprofessional conduct of the policemen who were involved in the Journalists’ brutality, the conduct was, according to the leadership of Rivers State Council of Nigeria Union of Journalists, “barbaric, inhuman and a flagrant disrespect to the rights  of the assaulted  journalists. Recall that the Rivers State Police Command had described as false, unfounded and baseless, reports that police officers fired teargas on unarmed protesters in an attempt to disperse them.
In the words of the Police Public Relations officer, “Upon receiving intelligence regarding the protest, our officers were promptly deployed to the specified locations. “On arrival, a group of miscreants was observed engaging in criminal acts, including the theft of mobile phones and other valuables from unsuspecting members of the public. “Our operatives responded swiftly, dispersing the individuals. This baseless story appears to be a deliberate fabrication by mischief makers seeking to incite public anxiety and create unnecessary tension within the state.” However, it is time  Nigeria Police realised that the right to peaceful protest is legitimate and fundamental. It is enshrined in International rights instruments, including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and domesticated by Nigeria. Section 40 of Nigeria’s Constitution guarantees every citizen the right to assemble freely. The right to peaceful protest is the beauty and a function of democratic governance. It offers the masses the opportunity for self expression and calling erring or a failed government or leadership back to its statutory obligation.
It allows people to publicly voice their concerns, challenge injustices, and participate actively in the democratic process. Protests serve as a vital mechanism for holding leaders accountable and ensuring that government actions reflect the will and needs of the people. The recognition and approval of the right to protest is one action that makes a great difference between a truly democratic government from a repressive, dictatorial and despotic administration. Protest is evident and inevitable in every human institution or organisation from family to school, work places etc, if the heads or the administrators abuse their position and treat with contempt the people on whose prerogative they (leaders) were elected. Some children have also protested against their parents, students protest against wrong administration etc. Protest is therefore, a corrective mechanism, it is expression of a dissenting position against anti-people policies and programmes. The distinctiveness of the Democratic governance over the Military is unreserved and unalloyed respect and regard for the Rule of Law. If the Rule of Law and its implications are undermined, then there is inevitable transition to dictatorship, a military regime in the garb of a civilian administration.
However, the calamitous consequences during the #EndSARS protest and #EndBadGovernance protest show that the respect for the rule of law and its implications remain a far-cry to constitutional requirement. The losses incurred during such protests cannot be consigned to the dusbin of history in a hurry. What is the outcome of the #EndSARS protests and brutality? Nigeria Police and other security agencies should tread with caution on the issue of peaceful protests and treating journalists and innocent members of the public as “miscreants”, and “thieves”.

By: Igbiki Benibo

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