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Editorial

 Lamentations Of The CJN 

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With the retirement of Justice Amiru Sanusi from the Supreme Court bench yesterday after attaining the mandatory 70 years, the number of Justices in the apex court has dropped from 14 to 13. This development comes on the heels of repeated calls and complaints by the Chief Justice of Nigeria, (CJN), Justice Tanko Muhammad, that he and his colleagues in the highest court are overworked.
Only recently were such calls repeated by the CJN when he sought the intervention of the National Assembly in the working conditions of Supreme Court Justices and asked for the amendment of the appellate jurisdiction of the Court in the 1999 Constitution (as amended) to prevent all manner of appeal cases from terminating at the apex court.
The Chief Justice claimed that the number of cases pending before the Supreme Court was overwhelming and taking its tolls on the health of the Justices. According to him, the amendment had become expedient for timely dispensation of justice and to reduce the mental stress the heavy burden of pending appeals was weighing on the Justices.
The 1999 Constitution (as amended) provides for 21 Justices as a full complement of the apex court bench, a status the court has never attained. We recall that the number of Justices of the Supreme Court reached 17 on January 18, 2019, when the then CJN, Justice Walter Onnoghen (rtd), swore in Justice Uwani Abba-Aji to the apex court bench.
In June 2019, President Muhammadu Buhari requested the CJN to initiate the process of appointing additional five Justices to the apex court to make the full complement of the constitutionally-provided 21 Justices. But the President has failed to respond to a list of four recommended Justices submitted to him since October 2019.
Nearly every Chief Justice of Nigeria had at one time or the other deprecated the excess workload in the Supreme Court. It was in consideration of this challenge that the Electoral Act initially made the Court of Appeal the final court for all election matters in the country except presidential election petition which terminates at the Supreme Court.
However, following conflicting Appeal Court judgments on gubernatorial election petition cases, the National Assembly, in the 2010 amendment of the Electoral Act, made the apex court the final destination for all governorship election matters in the country. But the amendment expanded the burden of the Supreme Court Justices.
We appreciate the ugly predicament judges of the apex court face and deeply sympathise with them for the arduous task they have to bear. However, we think that rather than lament publicly, the CJN should approach the National Judicial Council (NJC) which oversees the affairs of judges in the country for appropriate legislative interventions.
The Tide believes that a far-reaching reform of the Supreme Court is long overdue. So, to be included in such a change should be a timeline for the determination of all cases in court regardless of the tier. This will ensure a speedy dispensation of justice in the nation’s judicial system.
The slow pace of justice delivery and accumulation of pending cases are regrettable and frustrating. If the regular saying that “justice delayed is justice denied” is anything to go by, then, we have a plethora of denied justice in our land. Some matters remain up to 10 years or more before their adjudication at the Supreme Court.
It is worrying that despite complaints from the CJN and stakeholders in the judiciary of the scanty number of judges, the Supreme Court bench is yet to have its full complement of justices. We demand that the President acts on the recommendation of NJC on the elevation of some justices from the Court of Appeal to the apex court.
We are in sync with the CJN to limit the number of cases the apex court can adjudicate. Allowing almost all cases to get to the Supreme Court without limitations constitutes a burden on the nation’s legal system, particularly considering that even in advanced democracies like the United States of America (USA) and Canada, only constitutional and important matters get to the Supreme Court.
With a population of about 340 million people, the USA, for instance, has only one federal Supreme Court comprising nine members with several others in the states to handle matters arising from state laws. Similarly, Canada, a complex country of over 35 million with English and French speaking people residing on a land mass 10 times bigger than Nigeria, has a national Supreme Court and others in the provinces.
We recommend that the US and Canadian models be adopted and made workable in Nigeria. The Supreme Court has to be unbundled and established in each of the six geo-political zones to hear sundry matters, while the apex court in Abuja will be concerned with constitutional issues. In contrast, the current membership of the court should be increased from the constitutionally-provided 21 members to accommodate a few more panels.
Nigeria’s  justice system is beset with many determinants. The apex court in particular has been congested with frivolous  and scandalous cases. Any wonder the CJN had once claimed that the case diary of the court had been filled till 2022 following over 500 pending cases. The Supreme Court should be a policy court to focus mainly on constitutional issues while most of the works should be done at the lower courts.

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Editorial

New Federal Varsity In Ogoni

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President Bola Ahmed Tinubu has made history by signing into law a bill that establishes the Federal Univer-
sity of Environment and Technology in Ogoni, Rivers State. This significant occasion marks a bold step forward not only for the Ogoni people but also for the Niger Delta region and Nigeria as a whole. It signifies a commitment to education, environmental sustainability, and technological advancement.
For the Ogonis, who have long been impacted by environmental challenges, the university represents a beacon of hope. It is more than just bricks and mortar; it is a symbol of empowerment and a pathway to a brighter future. This development is akin to a seed, planted with the promise of a flourishing harvest of skilled professionals.
The university’s emphasis on environmental technology is extremely important, especially given Nigeria’s climate crisis. Education plays a crucial role in developing sustainable solutions. The institution will provide students with the necessary skills and knowledge to address the environmental challenges affecting the Niger Delta region and beyond. This will have a momentous impact.
Signing the bill, the President praised the Ogoni people’s resilience and unity. He stressed that the institution would mark a “significant milestone in our national journey towards environment justice, education and sustainable development”. Tinubu said the university is a reaffirmation of his administration’s “unwavering commitment to the people of Ogoni, the Niger Delta and the nation as a whole. For decades, the Ogoni people have been at the forefront of fight for environmental restoration and sustainable development, shaping both national and global conversation of these critical issues.
“By signing this bill into law, we are taking a decisive step towards addressing historical grievances and creating new opportunities for learning, growth and prosperity. The university will serve as a centre of excellence, equipping young Nigerians with the knowledge and skill to tackle present environmental challenges, drive clean energy solutions and contribute to our national sustainable economic development.”
We commend President Tinubu for his visionary decision to establish the much-needed institution aimed at fostering development and progress. This initiative is a testament to his commitment to addressing critical social and economic knots and creating opportunities that will benefit the people. The President has laid a solid foundation for sustainable growth while demonstrating a genuine desire to empower and advance the nation’s collective interests.
In addition to his commendable action, we applaud Tinubu for initiating peace talks to bring stability and reconciliation to the troubled area. The decision to engage in constructive dialogue demonstrates a deep understanding of the relevance of inclusive governance and the role of peace in fostering meaningful development. For decades, Ogoni has endured turmoil and neglect, impeding its potential and the return of oil exploration activities.
By opening the door to peaceful negotiations, the President has made a bold and necessary move towards healing fractured relationships and fostering trust among stakeholders. This initiative holds the promise of ensuring that the voices and needs of the Ogonis are heard and respected. We urge all parties involved to seize this golden opportunity for lasting peace and progress. It is only through unity and mutual respect that the full potential of Ogoni, and by extension the nation, can be realised.
As steps are taken to acknowledge and remediate the damage caused by years of oil exploration and production, the Ogonis must reciprocate Mr. President’s gesture by fostering a climate of equanimity and stability. This will ultimately pave the way for the resumption of oil exploration and production. This is not a call to forget the past, but a pragmatic recognition that meaningful change and sustainable development require a collaborative approach.
The Federal Government has a responsibility to ensure that all academic disciplines offered by the new university are fully accredited to maintain the integrity and quality of the school. Without proper accreditation, the institution risks producing graduates who are ill-equipped to compete in the global workforce or contribute substantially to national development. Accreditation serves as a benchmark that ensures programmes meet academic standards and adhere to best practices across various fields of study.
Staff recruitment should be conducted carefully, as the individuals brought into a team can greatly influence an organisation’s performance, culture, and long-term success. The primary focus of recruitment efforts at the university should be on attracting the best candidates who possess the necessary skills, qualifications, experience, and values. Merit should be the guiding principle in decision-making throughout the hiring process, rather than favouritism or personal bias.
For a nation to thrive in the 21st century, a strong higher education system is not only desirable, but essential. Universities serve as the catalysts for innovation, the breeding grounds for future leaders, and the foundations of a knowledge-based economy. The Federal Government must acknowledge this vital role and take intentional actions to properly fund the university in Ogoni and develop infrastructure to ensure it meets international standards. Neglecting this responsibility would put its future prosperity and global competitiveness at risk.
This institution must not suffer the same fate as other federally-owned universities that have been left to decay. That will be a disservice to its purpose and potential. Many government-owned universities in the country have struggled with dilapidated infrastructure, underfunding, insufficient staffing, and interruptions caused by industrial actions due to unpaid wages or poor working conditions. These challenges have led to declining standards in education, putting both students and staff at a disadvantage. The Ogoni University must not be another victim of this worrying trend.

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Editorial

HIV, Transiting From Donor Dependence

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The initial announcement by United States President, Donald Trump, to cut funding for international
HIV/AIDS initiatives sent shockwaves through the global health community. In Nigeria, a country facing a significant HIV/AIDS burden, the potential consequences were dire. However, the subsequent waiver granted by the administration has provided a lifeline for the millions of Nigerians who rely on the President’s Emergency Plan for AIDS Relief (PEPFAR) for their treatment and support.
PEPFAR has been an important partner in Nigeria’s fight against HIV/AIDS. Since its inception in 2003, PEPFAR has committed more than $7.8 billion to the country, catering to approximately 90 per cent of HIV treatment requirements. With this funding, Nigeria has been able to enhance its HIV prevention, treatment and support services and has witnessed a reduction in HIV/AIDS deaths.
The waiver granted by the Trump administration guarantees that PEPFAR’s life-saving medicines and medical services will continue to reach the needy. Antiretrovirals (ARVs) are the most common type of medicine used to treat HIV and reduce the virus’ spread. Through the provision of ARVs, PEPFAR helps prevent the spread of HIV and enhances the quality of life of those with the condition.
Although Nigeria was recently exempted from the requirement, the signs are evident: the country has to graduate from dependence on donor funds for its HIV/AIDS control programmes. Over the years, partners including the U.S. government have been central to the provision of treatment to people living with the virus. However, it is time for Nigeria to own its national response to HIV/AIDS.
Nigeria’s HIV/AIDS burden remains critical, accounting for 10 per cent of the global total. In 2023 alone, there were 75,000 new infections and 45,000 HIV-related deaths. The battle against Mother-to-Child Transmission remains challenging, with only 35 per cent of the target 75 per cent being met. Nearly 1.7 million Nigerian children have been orphaned due to HIV. Vulnerable populations, especially women and children, continue to disproportionately suffer.
To transition away from donor dependence, a multifaceted approach is necessary. Firstly, the country must increase its domestic financing for HIV/AIDS programmes. This can be accomplished through innovative funding mechanisms, such as leveraging public-private partnerships and exploring local revenue sources. Secondly, the government needs to strengthen its healthcare system to ensure equitable access to testing, treatment, and care. This involves expanding access to antiretroviral drugs, investing in community-based models, and addressing the stigma associated with HIV.
Thirdly, Nigeria must prioritise prevention efforts. This entails promoting condom use, providing comprehensive sexual education, and increasing awareness about the risks and modes of transmission. By focusing on prevention, the country can decrease the incidence of HIV infections and ultimately lessen the burden on its healthcare system.
Finally, Nigeria should develop a sustainable human resource strategy for its HIV/AIDS response. This involves training and equipping healthcare workers, engaging community volunteers, and empowering people living with HIV to advocate for their rights. A well-trained workforce is essential for delivering high-quality services and ensuring the long-term success of the response.
The transition beyond donor dependence is a complex but necessary journey for the country. By increasing domestic financing, strengthening healthcare systems, prioritising prevention, and investing in its human resources, the country can create a sustainable and effective response to HIV/AIDS. Also, the government should consider alternative funding mechanisms, such as increased domestic funding, public-private partnerships, and philanthropic initiatives. The time to act is now, for the well-being of present and future generations.
Nigeria’s National Agency for the Control of AIDS (NACA) has made momentous strides in combating HIV/AIDS, including expanding access to testing, treatment, and education. However, challenges persist, hindering the effectiveness of these efforts.
One major obstacle is limited access to healthcare facilities, particularly in rural areas. This impedes timely diagnosis and treatment, reducing the likelihood of optimal outcomes for those living with HIV. Additionally, stigma surrounding the disease remains a formidable barrier, preventing individuals from seeking testing and care. Inadequate awareness campaigns further contribute to low testing rates and delayed diagnosis.
Addressing these challenges requires concerted action by the government and stakeholders. Allocation of adequate funding is crucial to expand healthcare infrastructure and ensure the availability of essential services. Moreover, targeted interventions to reduce stigma and promote awareness are vital for increasing testing and early detection.
Collaboration between civil society organisations and grassroots movements is also essential for advocating for protection of HIV funding. Advocacy campaigns can mobilise public support and pressure lawmakers to prioritise the fight against HIV/AIDS. By addressing these challenges and ensuring sustainable funding, Nigeria can depend less on donor countries, drastically reduce HIV transmission, and provide the necessary care to those affected by the disease.

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Editorial

Israel-Gaza War: Sustaining The Ceasefire 

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The recent agreement between Israel and Hamas to cease hostilities marks a significant and much-anticipated step toward peace in a conflict that has devastated countless lives and infrastructure in Gaza. The ongoing violence, which has persisted for over 460 days, has yielded catastrophic human casualties and an acute humanitarian crisis. The need for a sustainable peace deal has never been more urgent, and this temporary ceasefire presents an opportunity for all stakeholders to work diligently towards a lasting resolution.
Following the Hamas attack on Israel on October 7, 2023, the conflict saw a dramatic escalation. This attack was described as one of the deadliest in Israel’s history, resulting in the deaths of 1,210 individuals, primarily civilians. In addition to the loss of life, the assault led to the abduction of 251 individuals, with 94 still held hostage in Gaza, as Israeli military sources reported that 34 of them are believed to be deceased. In response, Israel’s military operations have wreaked havoc on Gaza, claiming the lives of approximately 46,788 people, most of whom are reported to be civilians.
Qatar, Egypt, and the United States have facilitated a ceasefire agreement that comprises multiple critical components. Most importantly, it calls for a halt to the violence, providing a much-needed respite for the people of Gaza. The deal also outlines the release of hostages held by Hamas and prisoners detained by Israel. Furthermore, it aims to facilitate the return of displaced Palestinians to their homes, contingent on their viability following the extensive destruction.
While this ceasefire is a welcome development, it is essential for all involved parties to remain committed to a permanent peace agreement. The underlying issues that led to the conflict must be addressed to prevent future escalations and to foster an environment of mutual respect and understanding. As the world watches, the hope is that this temporary cessation of hostilities can pave the way for a more peaceful and stable future for both Israelis and Palestinians.
The peace deal will happen in stages, starting with a six-week period for limited prisoner exchanges, partial Israeli troop withdrawal, and humanitarian aid access. Hamas has released four Israeli soldiers for over 1000 Palestinians, with more releases to come. Israel will reduce troops in Gaza and open the Rafah crossing a week later, with less troop presence in the Philadelphi Corridor and complete withdrawal by the 50th day. The next two phases will depend on how both sides act during the first phase.
Therefore, it is unacceptable for any party to attack the other during a ceasefire. Reports indicate that after a ceasefire was announced, Israel bombed Gaza, killing at least 75 people and injuring many others. This violence during a ceasefire is unacceptable. While Hamas did initiate the conflict by invading Israel, Israel’s response has been far too severe, causing massive destruction in Gaza. The situation has resulted in unprecedented loss of life and devastation in the region.
Gaza has been completely destroyed, and further risks to the truce may create the belief that Israel aims to eliminate Palestinians like Hitler did with the Jews. Israel’s aggressive actions have lost them international support. Young people in the United States and Europe are now openly supporting Palestinians. With a truce in place, hostilities should cease and all parties must honour their agreements.
Hamas, seeing itself as a resistance force, needs to change its tactics for lasting peace. Their attacks on Israel have caused great suffering for innocent people in Gaza and destroyed much of the area’s infrastructure, leading to many lost lives. Both Israel and Hamas must commit to peace and avoid restarting the conflict. Attacking Israeli civilians or soldiers will only provoke strong retaliation from the Jewish State, harming those Hamas aims to protect.
Hamas, like the defunct Palestinian Liberation Organisation (PLO), should accept peace and recognise Israel’s right to coexist, focusing on development and prosperity for Gaza. Israel unilaterally withdrew from Gaza and North Samaria on August 15, 2005, dismantling settlements and troops after an agreement with Egypt. Hamas should stop teaching hate and instead use the opportunities from this withdrawal to help the people rather than build terror infrastructure. If West Bank control is an issue, Jordan might be discussed as a potential administrator.
Should Israel decide to withdraw completely from the West Bank, it is imperative that the Palestinians residing in that region recognise their responsibility to foster a peaceful environment, similarly to how Jordan maintains a harmonious relationship with Israel. To achieve this, the Palestinian people must actively commit to rejecting violence in all its forms and manifestations.
They must understand that genuine peace is not merely the absence of conflict but requires a steadfast dedication to non-violence, coexistence, and constructive dialogue. The era of bloodshed in the area must come to an end, giving way to a future where peace can truly flourish in the West Bank, benefiting all inhabitants and paving the way for a more stable and prosperous region.
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