Monday, 28 June 2021
HEARING ON FORFEITURE OF PATIENCE JONATHAN’S $5.78M, N2.4BN FIXED FOR OCTOBER 7
A Federal High Court in Lagos on Monday adjourned till October 7, to hear a motion seeking the final forfeiture of the $5.78million and N2.4billion, linked to a former First Lady, Dame Patience Jonathan.
Justice T.G Ringim fixed the date after taking arguments from counsel to the parties in the matter.
The Economic and Financial Crimes Commission (EFCC) filed the application for forfeiture in 2017 before Justice Mojisola Olatoregun.
The defendants in the suit were Mrs Jonathan alongside LA Wari Furniture and Bathes.
According to the EFCC, the funds belonged to the ex-First Lady.
The monies were said to be warehoused by Skye Bank Plc and Ecobank Plc respectively.
Justice Olatoregun on April 26, 2017, ordered the temporary forfeiture of the monies, sequel to an ex-parte application by the EFCC.
The judge’s order was affirmed by both the Court of Appeal and Supreme Court.
However, midway to the conclusion of hearing on the final forfeiture on the said sums, Justice Olatoregun retired from the Bench in 2019.
The development compelled the Chief Judge of the court to re-assign the matter to Justice Chuka Obiozor for hearing.
But Justice Obiozor could not hear the case before his transfer to the court’s Benin division.
At the resumed hearing of the matter on Monday, EFCC counsel, Mr Rotimi Oyedepo, narrated to Justice Ringim how far the matter had gone.
Oyedepo said: “This matter is a suit instituted before your learned brother, Justice Olatoregun now retired, where we prayed for the final forfeiture of the sum of $5,781,173.55, warehoused in Skye Bank Plc and N2,421,953,502.78, property of LA Wari Furniture and Bathes in Ecobank Plc.
“It was instituted and an interim order was granted on April 24, 2017, upon which it went up to Supreme Court and an application for its final forfeiture was moved but the trial judge didn’t deliver judgment before retiring.
“It was upon that fact that the file was transferred to the registry where it was reassigned to the former judge and subsequently your Lordship.”
Counsel to Mrs Jonathan, Mr Ifedayo Adedipe SAN and Gboyega Oyewole SAN, also informed the judge that the case was adjourned for mention because it was coming up for the first time before him
But counsel to the companies, Chief Mike Ozekhome SAN, argued otherwise by urging the court to adjourn the case on the premise that it was starting afresh and that he intended to file an application challenging the constitutionality of the entire proceedings.
Ozekhome prayed the court to grant a long adjournment to enable him file the application that the case is supposed to start afresh.
But Oyedepo opposed the application, praying the court not to grant it, because, according to him, there a procedure enshrined in section 17 of the Advanced Fee Fraud and other related offences Act, which the EFCC had compiled with except the last step which is a motion for final forfeiture.
He invited the judge to look at the proceedings of February 17, 2021 where the former judge adjourned hearing of the motion for final forfeiture till April 13, which could not hold because of the Judiciary Staff Union of Nigeria (JUSUN) strike.
He prayed further that should the court be inclined to grant an adjournment, it should be for the motion of final forfeiture.
In a bench ruling, Justice Ringim held that a proceeding of this nature is a special one and cannot be truncated by any application.
He said: “I say in my humble opinion that there is a procedure to follow in this type of application which cannot truncated.
“The court cannot adjourn the matter because of an application which is yet to be filed. However, due to the nature of the application as hinted by the second respondent, the court will not shut the application out.
“This court will adjourn for the hearing of the motion for final forfeiture that is pending.
“Consequently, the second respondent is hereby ordered to file the application if any within 14 days from today and the plaintiff will have one week to respond. It will be heard alongside the motion for final forfeiture.”
He adjourned further proceedings till October 7.
Prof Dibu Ojerinde Ex-jamb Registrar Gets Trial Date
Prof. Dibu Ojerinde, former Registrar, Joint Admissions and Matriculation Board (JAMB) will be arraigned at the Federal High Court, Abuja, for alleged N900 million fraud on 6 July.
Ojerinde is being prosecuted by the The Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Justice Obiora Egwuatu fixed the date on Monday, after counsel to the ICPC, Ebenezer Shogunle, disagreed with the terms of the plea bargain application the defence counsel, P.A.O. Olorunnisola, SAN, had planned to file before the court.
Operatives of the anti-corruption commission had, on March 15, arrested Ojerinde, in Abuja, on allegations bordering on misappropriation of funds.
The commission said that the former chief executive officer allegedly committed multiple frauds, while heading JAMB and the National Examination Council (NECO).
Sunday, 27 June 2021
FG to tax global tech companies operating in Nigeria by Stephen Angbulu
Vice President Yemi Osinbajo has revealed that Nigeria is set to utilise the country’s legal provisions that empower the Federal Government to collect taxes on profits made in the country by global technology and digital firms not based in the country, but with a significant economic presence here.
Osinbajo said this while interacting with a delegation of the Chartered Institute of Taxation of Nigeria led by its President, Adesina Adedayo, who visited him at the Presidential Villa on Friday.
He also disclosed that, while the Federal Government will not be raising tax rates at this time, based on the Finance Act 2019, it is already empowered to widen its tax net.
That includes imposing taxes on the Nigerian income of global tech giants with significant economic presence in the country, even if they have not established a physical office or permanent establishment and are currently not paying taxes in Nigeria.
Senior Special Assistant to the Vice President on Media and Publicity, Laolu Akande, disclosed this on Sunday in a statement titled ‘How FG will tax profits made by global tech, digital giants in Nigeria, by Osinbajo.’
Osinbajo said, “We have had severe economic downturns which of course implies that we may not be able to collect taxes with the aggressiveness that would ordinarily be expected.
“I think the most important thing is that we must widen our tax net so that more people who are eligible to pay tax are paying.
“Several efforts have been made, and I am sure you are aware of the initiatives including the Voluntary Assets and Income Declaration Scheme which was also an attempt to bring more people into the tax net, including those who have foreign assets.
“We have also recently taken a step with respect to a lot of the technology companies that are not represented here but who do huge volumes of business here.
“The Finance Act has shown that we are very prepared to ensure that these big technology companies do not escape without paying their fair share of taxation in Nigeria.
“Many of them do incredible volumes here in Nigeria and in several other parts of the region.
“We have drawn up the regulations and we are prepared to go, and I think that we are at least in a good place to tap into some of the tax resources we can get from some of these companies.”
The Vice President based his assertion on the Finance Act 2019 which says a company will pay taxes if it “transmits, emits or receives signals, sounds, messages, images or data of any kind by cable, radio, electromagnetic systems, or any other electronic or wireless apparatus to Nigeria in respect of any activity, including electronic commerce, application store, high-frequency trading, electronic data storage, online adverts, participative network platform, online payments and so on, to the extent that the company has a significant economic presence in Nigeria and profit can be attributable to such activity.
“If the trade or business comprises the furnishing of technical, management, consultancy or professional services outside of Nigeria to a person resident in Nigeria to the extent that the company has a significant economic presence in Nigeria”.
He added that while the Federal Government has no plans to raise taxes now, saying “there are those who argue that our tax rates are too low, comparing us to other places in the region where the rates are much higher.
“So we have had to balance all of these issues because clearly, higher tax rates can be a disincentive to businesses and investments.
“In terms of domestic resource mobilization, we are trying to do the best we can given the present circumstances and I believe that there is room for improvement.”
Osinbajo added that the Federal Government has over the past few years, initiated programmes aimed at improving the growth of small businesses including the formalization of many of them. Under the Economic Sustainability Plan, there is a formalization of 250,000 businesses.
He said the ongoing MSME Week has encouraged many businesses to register with regulatory authorities in order for them to benefit from the numerous programmes earmarked by the government for their growth.
In his remarks, the President of CITN, Adesina Adedayo, commended the leadership of the Vice President in the implementation of key government interventions in the economy, stating that “we acknowledge your great zeal and commitment to Nigeria project.”
Adebayo said the visit became necessary given the enormous work the Buhari administration has done towards addressing the huge fiscal challenges in the polity, public financing reforms, and sustained efforts towards addressing infrastructural deficit across the country.
He said, “The Nigerian Economic Sustainability Plan and other measures implemented was a right response to the challenges posed by COVID-19 pandemic and were largely instrumental to creating buffers for the government at all levels in withstanding the pressures and waves created during the peak period and the aftermath of COVID-19.
“It is important that we sustain measures already being implemented to improve tax collection at all levels.”
Other members of the delegation included the Vice President of the Institute, Samuel Agbeluyi; past Presidents of the institute, Dame Simplice, and James Naiyeju, and Council members Prof. Muhammad Mainoma and Babangida Ibrahim. CITN Registrar, Adefisayo Awogbade, was also in attendance.
Zamfara Governor Bello Matawalle joins APC, Buhari’s aide suggests By Samson AdenekanandAbubakar Ahmadu Maishanu
Mr Matawalle was elected on the platform of the PDP after the Supreme Court nullified the victory of the APC in the 2019 elections in Zamfara State.
Despite repeated denials that he was not planning to join the All Progressives Congress (APC), the Governor of Zamfara State, Bello Matawalle, has now joined Nigeria’s ruling party, an aide to President Muhammadu Buhari has suggested.
In a cryptic post shared on his verified Facebook account on Sunday morning, the president’s Personal Assistant on Digital and New Media, Bashir Ahmad, suggested that Mr Matawalle has left the Peoples Democratic Party (PDP) for the APC.
“So Zamfara is back home! Welcome Matawalle✊,” Mr Ahmad wrote.
Mr Matawalle was elected on the platform of the PDP after the Supreme Court nullified the victory of the APC in the 2019 elections in the state due to an internal party crisis. Before then, Zamfara was an APC state with the governor and majority of the federal and state lawmakers from the ruling party.
Prior to Mr Ahmad’s announcement, PREMIUM TIMES reported the dissolution of the Zamfara State Executive Council by the governor, a move a source close to the governor confirmed was in preparation to join the APC on June 12.
The source said Mr Matawalle dissolved his cabinet due to the reluctance of some members to defect with him to the ruling party. After that report, Mr Matawalle denied plans to join the APC.
The governor said that he sacked his cabinet members in a bid to reinvigorate his government for the second half of his tenure. He said he has not decided on defecting nor fixed a date for such.
On Sunday, state officials close to Mr Matawalle confirmed again to PREMIUM TIMES that the governor was set to join the APC. Some of them said they had already been told to start ditching the PDP flag in preparation for the official defection.
However, Mr Matawalle’s spokesperson, Yusuf Idris, told PREMIUM TIMES early Sunday morning that Mr Ahmad’s post should be ignored. The governor has not decamped, the spokesperson told this newspaper, declining to speak on whether or not there were plans to decamp/
A Gale of Defections
When Mr Matawalle’s defection is made official, the Zamfara governor would be the second governor from the PDP to join the APC in less than two months and the third in the last seven months.
The Governor of Cross River State, Ben Ayade, formally defected to the ruling APC in May after months of speculation.
His defection came six months after the exit of his Ebonyi State counterpart, David Umahi, who also joined the ruling party in November 2020.
DEMANDS BY NIGER DELTA AVENGERS: PRESIDENT BUHARI’S RESPONSE
The media was Sunday awash with threats and demands by a group, Niger Delta Avengers, to embark on economic sabotage through bombing of critical oil and gas installations unless certain demands, including development of the Niger Delta, and restructuring of the Federation, were met.
It is, however, curious that the threat was coming less than 48 hours after President Muhammadu Buhari met with the leadership of the Niger Delta and Ijaw National Congress (INC), at the Presidential Villa, and the germane issues had been responded to, especially call for restructuring of the Federation, and the inauguration of a Board for the Niger Delta Development Commission (NDDC).
For clarity and record purposes, below is full text of the speech by President Buhari on Friday, June 25, 2021, which renders any sabre-rattling rather unnecessary:
“I warmly welcome all the Elders of the Niger Delta and particularly the National Executive of the Ijaw National Congress, under the leadership of Professor Benjamin Okaba. I thank you for paying this courtesy visit not too long after your election in April, and swearing-in last May.
“I also want to congratulate you all for your election and to add that a lot of responsibility is placed on your shoulders, especially coming from the fact that the Ijaw National Congress was almost without leadership for some time.
“As the symbol of the collective voice of the Ijaw people, which is one of Nigeria’s main ethnic groups, the existence of a focused and people oriented leadership would go a long way in articulating the demands of the Ijaw people and making sure these demands are made part of the national discourse.
“I particularly note your ten point demand to the Federal Government in your inaugural speech and assure you that this administration is frontally addressing them.
“I am equally concerned about the rate of environmental degradation in the Niger Delta and as you are aware the HydroCarbon Pollution Remediation Project has started work with remediation efforts in Ogoni land and I have directed the Minister of Environment to ensure that the projects are implemented with a high percentage of local content and inclusion of the surrounding communities.
“Similarly, the National Oil Spill Detection and Response Agency, under the same ministry of Environment is working to make sure that oil spills are reduced and new ones prevented. As you are also aware, all the responsible agencies of government have been directed to ensure that they enforce compliance by the International Oil Companies to international best practices.
“In addressing your call for immediate restructuring, the National Assembly whose responsibility it is to ensure that our constitution responds to the call for a restructured Nigeria, has already concluded regional consultations and as soon as they finalise the process, necessary action would not be delayed on my part.
“In the same vein, your call for creation of two additional states and more local government areas for the Ijaw people is a legislative matter, which should naturally be handled by the National Assembly and seeking concurrence at the state levels.
“I completely agree with your call to allocate operational licenses for marginal fields to Ijaw people. However, like you know, the process of granting licenses is guided by laid down rules and regulations, most of which even favour local content and local contractors. I see no reason why they should not be granted such licenses if they qualify.
“On the issue of fair and balanced appointments to reflect federal character principles, I re-affirm that this has always been my focus and would continue to be because I have always seen Nigeria as a country where everyone should be given equal opportunities.
“A contentious issue that has been a subject of discourse amongst the Ijaw people of recent has been the need for the Niger Delta Development Commission to live up to its billing by delivering the required succour to the people of the region. Based on the mismanagement that had previously be-devilled the NDDC, a forensic audit was set up and the result is expected by the end of July, 2021.
“I want to assure you that as soon as the forensic audit report is submitted and accepted, the NDDC Board would be inaugurated. However, I would like to implore you that the Ijaw National Congress should play a more active role in making sure that the mismanagement that occurred in the past is not repeated.
“I am particularly happy to note your call for promoting ownership of modular refineries by the Ijaw people and I will urge you to interphase with your sons who are involved in the processes of establishing these refineries, especially the Honourable Minister of State Petroleum Resources to actualize this quest.
“Like you well know, completion of the East-West Road is top on my infrastructure agenda and I will look to its speedy conclusion. Again, the occasional disturbance by youths in some communities along the route to construction work would require your close attention and guidance.
“Furthermore, we have made considerable progress with the construction of the Bonny to Port Harcourt Bridge.
“I am very happy with the recent affirmation of your belief in a United Nigeria and while I thank you for standing with me, I will also implore you to use your leverage in making sure that we keep working together to keep this country a united, indivisible entity, so that we can tackle our problems together and overcome our challenges together.
“I would like now to commend Professor Okaba for your emphasis on supporting the fight against insecurity by developing internal control mechanisms as well as working with other institutions in the country to address our current security challenges.
“While I thank you once more for this visit and I will continue to count on your support as we work towards resolving our current challenges.
“God Bless the Federal Republic of Nigeria.”
Femi Adesina
Special Adviser to the President
(Media and Publicity)
June 27, 2021
Bewitching Chidinma and this ‘water bottle’ generation by Festus Adedayo
Chidinma Ojukwu is beautiful, enchanting and voluptuous. No wonder predominant comments – especially from men-folk – on this 21-year old self-confessed killer of Lagos-based 50-year old Usifo Ataga, CEO of Super TV, are wrapped in the poser: was she a lethal, destructive woman the French call the femme fatale, or victim of a delinquent higher institution girls’ sex trade that turned awry?
The story of Chidinma, student of the University of Lagos, which is trending on the social media radar at the moment, is riveting. It is a perfect script for a crime fiction thriller. She courted massive traffic to herself due to the horror of her narrative and the shock people get upon realizing that such physical beauty she represented could be a shawl hiding a dastard cruelty of immense proportion. She is no doubt a prominent member of that cult of young girls who are completely immersed in the flesh-for-cash barter trade that is the hub of the Nigerian social circle. Chidinma had confessed to murdering, via stabbing Ataga, her sexual liaison, at a service apartment in Lekki.
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The femme fatale is no doubt an invention of a patriarchal French world. She is a mysterious but beautiful mannequin whose major stock-in-trade is seduction of men. With the ensnaring charms of her enchanting beauty, this French invention uses herself as deadly bait for men which, when swallowed, becomes the death of them. Her most notorious representations are biblical characters like Delilah, Jezebel and Salome whose beauty entrapped men to their graves. The femme fatale archetype was also depicted by Irish poet and playwright, about-the-most-successful-playwright of late-Victorian London, Oscar Wilde, in his play, Salome. In the play, Salome manipulated her lustful uncle, King Herod, with an enticing Dance of the Seven Veils. After seducing him, she then asked for the head of John the Baptist, an imperious demand Herod could not decline.
As an aside, Wilde himself was later convicted in a criminal trial for gross indecency in a consensual homosexual liaison with his gay partner, British poet, journalist and son of the Marquess of Queensberry, Lord Alfred Bruce Douglas. Douglas’ father, who abhorred the homosexual relationship, mocked Wilde in the public and the Irish playwright sued him for libel, only for details of his romp with Douglas to become public knowledge. This prompted his conviction and sentencing to two years imprisonment with hard labour in 1895, in one of the first celebrity trials in the world. Imprisoned in Cell No C33 at the Reading, England jailhouse until 1897, Wilde’s experience later formed the muse for that grim realism of life in prison depicted in his The Ballad of Reading Gaol. He later died of meningitis in 1900 at age 46, three years after his release from prison.
Even if you were as unfeeling as to be capable of making barbecue with the ugly, bony and sparse-meat head of a tortoise, when you read the grief-provoking story of Chidinma, you will be sorry for motherhood and for the mother who begot her. From you will flow empathy for that uncertain, painful moment of delivery at the maternity ward which the Yoruba carefully parceled in the panegyric, ikunle abiyamo. How could a child, apparently born with much celebration and rejoicing, turn this tragically into a demonic man mauler?
Details of the tragic story are in the public domain and have elicited diverse comments from Nigerians and beyond. They do not need a rehash here. Questions upon questions are being asked but none is yet able to explain the riddle of how such a young girl could perpetrate that gory crime to which she has confessed. In court, lawyers will battle whether the narratives conveyed in Chidinma’s confession and evidence from the murder scene tally with the crime of murder or manslaughter. Do the multiple stabs, her decision to pay for the hotel with a pseudonym, the withdrawals from deceased Ataga’s account and the fake driving license bearing “Mary Johnson” with her photograph, constitute premeditated murder? Was there absence or presence of the mental element called mens rea in the killing? Those are however not our bother here. The society, enveloped in the Chidinma story, is.
From all the narratives presented of this 21-year old, it is obvious that she lived a double-faced life like Janus, the Roman god with two faces. She was a reserved, angelic girl next door at home and in her neighbourhood and at the same time, a total delinquent in shrouds of innocence. The second part must have been concealed from her parents, classmates and her tiny rank of friends, but totally open to the world where she caught her fun. Those who know, who have a social barometer that measures the pulse of the town, told me that many parents are like Chidinma’s father and mother – they know very little about who their wards are outside of the home. Away from the English social reformer, statistician and founder of modern nursing, Florence Nightingale picture they cut at home, many of our children are nothing but whores, perverts and drug addicts who daily frequent fun arenas to get their fixes. From police report, Mr. Ojukwu, Chidinma’s father, got violently antagonistic, like many parents will, when policemen came to their home to arrest his daughter. How could his angelic daughter be the homicidal psychopath the police were looking for?
Chidinma’s viral confession also revealed that she was afflicted by the famous bug that has become a pestilence among the youth in our society – drug addiction. In October, 2017, I did a piece entitled, Our Water Bottle Children Are Here where I explored this menace. I termed the prevalence of drug consumption among our children the new wave of fire that will consume us all soonest. Drawn into curiosity by the Yoruba language-rendered, high-tempoed hip-hop song of street boy musician, Temitope Adekunle, a.k.a. Small Doctor, entitled “Penalty”, I was told that the fad among youth nowadays is to lace hard drugs in alcohol which they put in water bottles, clutched as youth identity at parties and social gatherings. Small Doctor, in the song, had sang of how the boys were “bringing water bottles into the dancehall” while the musician, who nicknamed self Omo Iya Teacher, deploying beer parlour lingo, enjoined the party crew to “yee ma sun, gba ko je! (don’t be a dunce, so take it and swallow!).”
“We were in the lodge smoking. He was trying to make advances on (sic) me. I was tired and he became violent on it. I let him have his way. Towards afternoon, he ordered roofies. We took it together and ate food,” Chidinma said upon being interrogated. She confessed to withdrawing N380,000 from the deceased’s account to pay her school fees and said, “We smoked SK and Loud… I wanted to use the money I withdrew to pay my school fees. I felt disappointed when the police arrested me at my parents’ house and it was when I was arrested around 10pm that my parents got to know about the incident.”
Chidinma, at that tender age and like many of our children in schools, was already hooked on drugs. I am told that the world of drug consumption has widened dangerously in the dimension of the hopelessness in the land. Our children have moved away from WHO-classified narcotic substances and psychotropic substances like rohypnol, tramadol, diazepam and lexotan to more lethal ones. I said in the piece referenced above that “a rough survey I carried out indicates that this water bottle culture has become so pervasive among our youth that we could be having a pandemic on our hands. While the list of drugs known to previous generations included cocaine, heroin, marijuana (cannabis) – the latter now with different variants and cognomens – a host of other variants have since erupted. Rohypnol, a strong sedative also known as date rape drug; codeine, a cough suppressant; mephenthamine, alcohol, topiramate, methane from soak-aways, glue, petrol and such like narcotics are the drugs commonly consumed by our children, mostly on campuses.”
While Buba Marwa, Chairman of the National Drug Law Enforcement Agency, (NDLEA) may be combing the nooks and crannies of Nigeria for drugs and may be making the success attributed to him in the public sphere, drugs in underground cells and cellars of universities and on the streets will continue blossoming except Nigeria addresses the huge hopelessness of unemployment in the land. During the week, I accosted a secondary school dropout hooked on drugs who, when told the danger of its consumption, peremptorily retorted that die na die, parodying the Shakespearean assertion “… Seeing that death, a necessary end, will come when it will come.” The Chidinma menace of the girl child’s acute dependency on illicit sex for survival too has a lot to do with the failure of successive governments to shine light on Nigeria’s dark economy. It is tied to the apron string of the menace of our children becoming tools in the hands of sex vampires like Usifo Ataga
As I said in the piece, the political dictates the social and the social is the manifestation of the political; or vice versa. That probably was why late Jamaican reggae icon, Peter Tosh, at the One Love Peace Concert held on April 22, 1978 at the National Stadium in Kingston, Jamaica, was quoted as saying, “I am not a politician but I suffer its consequences.” We suffer the consequences of the cumulative bad governance in Nigeria from independence till date: the stealing of our commonwealth and the opaque governance by our military and civilian conquistadors. Parents have thus become victims of this time. That probably was why Mr. Ojukwu couldn’t afford Chidinma’s school fees, why a young girl like her had to depend on takings from hawking her flesh for survival. In many homes, those girls we see trading their flesh as bazaar at bioscopes, hotels and clubs are breadwinners whose families’ ability to put food on the table is dependent on the number of men’s nakedness these daughters of theirs see per day.
The family in Nigeria has, ipso facto crumbled, almost irretrievably. Parental failure is everywhere. Values and ethics of the home have taken unceremonious flights. Parents themselves have no time for the development of their children as they are running helter-skelter to make a living. Men like Ataga – though we are not afforded the opportunity of hearing his own side since he is dead – are capitalizing on this collapse of the home and deploying our girls as lubricants of their social and economic dislocation.
Flowing from Tosh, it is obvious that we must all seek to have good governance in Nigeria so that we can embrace developments and low crimes, the type in saner climes. It is the only remedy to the hopelessness that breeds the calamities of Chidinma and the menace of Atagas.
Gumi and the Nigerian state
Sheik Ahmad Gumi, self-styled go-between of Nigeria and her enemies was last week invited by the Department of State Services, DSS for questioning. He was said to have been questioned on account of an Arise TV interview he granted where he alleged that there was collusion between Nigerian security forces and bandits in the North.
Gumi had said in the interview: “These bandits, if you don’t know, are cooperating with a lot of bad elements in our security system. This is a business. So many people are involved, you’ll be so surprised. They were caught in Zamfara; they were caught everywhere, how do these big weapons cross our borders? How can these big weapons cross our borders and get into the forest without the cooperation of some bad elements of the security operatives assisting them? It’s not possible. If I give you the same amount of guns, can you take them to the UK? You can’t because the security is alert.”
While knocking his claims, the Nigerian Army fumed and claimed it puts its life on the line, losing many of its soldiers in the process. It concluded that, “While the Nigerian Army will not attempt to excuse the possibility of black sheep amongst its fold, it must be stated unambiguously that it will not condone any form of sabotage or aiding and assisting the enemy by any personnel.”
So, to this mullah, a bloody enterprise like kidnapping is business? It is obvious that Gumi may be making these arguments so as to make a case for his Northern malefactors. The truth however is that the sophisticated weapons in use by the bandits could only have got to them, either through connivance with the military or customs officials who look the other way while the weapons were being shipped into the country. In that wise, it may be hard to fault his argument.
On Saturday, I listened to the Arise TV crew grill same Sheik Gumi. The crew was unsparing of Gumi, unlike its earlier mollycoddling of President Muhammadu Buhari at the Aso Rock Villa Cool, composed and armed with details of his intervention, this mullah seems not to be bothered about his typecast as a bigot who swivels in bed with coldblooded psychopaths. Save for the obvious ethnic colouration of his submissions and the fact that his type only luxuriate under the kind of government that Buhari runs, Gumi’s logic was water-tight but obviously self-serving. He did not hide his being an apostle and megaphone of Hausa-Fulani criminals. He called on the Federal Government to grant amnesty to and negotiate with bandits and Boko Haram as same government did with Niger Delta militants, while claiming that both the bombing of crude oil pipelines and scaring farmers from their farms were both threats to the Nigerian economy.
What is not in dispute is that Gumi is part of a deep, choreographed plot to liberate a sizeable portion of Nigeria’s patrimony for his northern people, regardless of whether they are criminals or not. His views are little different from Buhari’s and the presidency’s. The non-existent Nigeria is not his bother. It is not the bother of Buhari and his presidency, as it isn’t many Nigerians’. Nigeria is an orphan in this equation.
Restructuring and the 1963 Constitution by Simon Kolawole
Funny how we hardly reach any cross-ethnic consensus in this country, but the campaign for a return to the 1963 Constitution — increasingly becoming the backbone of the “restructuring” agenda — seems popular in southern Nigeria and Benue state. The core argument is that we need to return to regionalism: every region should control its natural resources, take 50 percent derivation, run local councils and create state police “as provided for under the 1963 Constitution”. The 1999 Constitution, according to the #BringBack1963Constitution movement, is a glorified military document fit only to be used to wrap suya and sliced onions or roasted plantain and peanuts.
I have to admit upfront that a rational debate is difficult under this toxic atmosphere. Opinions are mostly settled along ethno-religious lines. It will be awfully problematic to have a dispassionate dialogue. To the typical southerner, northerners have been implementing an agenda of total domination as the structure of the country is eternally skewed in their favour. To the typical northerner, the structure is a fair reflection of our socio-economic and political demographics and southerners are only allowing pride and prejudice to colour their reasoning. With these entrenched mindsets on both sides, we cannot expect to have a decent discourse, much less reach a consensus.
The loudest voices in the room are demanding a return to the 1963 Constitution for several reasons. One, it is widely claimed that the constitution granted resource control to the regions. Two, it is said that the constitution granted 50 percent derivation. Three, it is believed that the 50 percent derivation allowed the regions to compete and that was why Nigeria made progress then, compared to now. Four, it is argued that the 1999 Constitution, under which we currently operate, is a terrible piece of work foisted on the country by the military. There are many other reasons being advanced by the #BringBack1963Constitution movement which I cannot capture in this little space.
For us to have a healthy and honest debate, we need to stick to the facts. We can then apply logic to the cold facts. To start with, it is incorrect to say the 1963 Constitution granted resource control to the regions. In fact, Item 25 of Part I under Section 69 of the Schedule of the constitution clearly placed “mines and minerals, including oilfields, oil mining, geological surveys and natural gas” on the Exclusive Legislative List — under the federal government. This was a word-for-word retention of Item 25 (Part I) under Chapter XI of the 1960 constitution, bequeathed to us by the British colonial masters. It was repeated as Item 36 (Part I) of the Second Schedule in 1979 and Item 39 in 1999.
More importantly, was derivation payment actually 50 per cent under the 1963 Constitution? Section 140, titled “Mining Royalties and Rents”, stated thus: “(1) There shall be paid by the Federation to each Region a sum equal to fifty per cent of (a) the proceeds of any ROYALTY (emphasis mine) received by the Federation in respect of any minerals extracted in that Region; and (b) any mining RENTS (my emphasis again) derived by the Federation during that year from within that Region.” This is a direct replication of Section 134 of the 1960 Constitution. I wrote an article in 2017 making an argument that the 1963 Constitution granted 50 percent derivation on minerals.
However, I got an email from a senior lawyer, who is also a professor of law. He queried my interpretation. He said the key provisions of Section 140, along with the preceding Sections 136-139, 141-145 and Item 25 on the Exclusive Legislative List, were as follows. One, ownership of all minerals, including oil and gas, belonged to the federation. Two, the 50 percent derivation accruing to regions is in respect of “royalties and rents” derived from mining activities and not “revenue” from mineral sale. Item 25 already said all minerals, including oil and gas, belonged to the federation. “Any and all revenues derived from their sale similarly belong to the federation,” he said.
In contrast, he argued, Section 162 (2) of the 1999 Constitution says that “the principle of derivation shall be constantly reflected in any approved formula as being not less than thirteen per cent of the REVENUE (my emphasis) accruing to the Federation Account DIRECTLY (mine, again) from any natural resources”. The professor’s core argument is that the 13 percent from “revenue” in the 1999 Constitution is higher than the 50 percent on “royalties and rents” in the 1963 Constitution. If he is correct, that means the much-derided 1999 Constitution is the only document in the history of Nigeria that grants derivation directly on revenue, as opposed to just the mining rents and royalties.
While I could not counter him, I am also aware of certain things. When the 50 percent provision was made in 1960, we did not have the kind of expansive oil taxation arrangement in place today. Royalty, a fixed sum paid by companies for mining a mineral, is just one handle. Oil companies now pay the following: signature bonus, after winning the rights to a block; 85 percent petroleum profit tax; two percent profit education tax; local content levy; and export supervision scheme levy of 0.5 percent on volume. In addition, the biggest source of oil revenue today is from the sale of Nigeria’s share of joint-venture crude production and profit oil from the production sharing contracts.
For clarity, federally collected revenues are shared by the three tiers of government AFTER the mineral-rich states have taken their 13 percent derivation, which is a first line charge. In addition to derivation, the oil-rich states also share from the monthly federation account allocation committee (FAAC). In 2019, Delta state received N165.2 billion as 13 percent derivation and N219.28 billion as net FAAC allocation. Akwa Ibom earned N119.7 billion as derivation and N171.98 billion as net FAAC allocation. If we revive the 1963 Constitution, the senior lawyer said, the 50 percent derivation from “rents and royalties” will not favour the oil-rich states as much as the 13 percent on “revenue”.
The 1963 movement has also successfully sold the idea that “regionalism” and “50 percent derivation” made the regions “compete” in the first republic. This is urban legend. True, Western Nigeria earned its biggest revenues from cocoa, Eastern Nigeria from palm produce and Northern Nigeria from groundnuts, but the 50 percent derivation on “rents and royalties” did not apply to agricultural produce. Agricultural revenue was not paid into the federation account. It was between the farmers and the regional governments. And, yes, this is retained in the 1999 Constitution. Osun and Ondo are into cocoa. Ebonyi and Kebbi are into rice. No constitution has stopped them.
Let me be cheeky a little. Under the 1963 Constitution, Nigeria produced 417,000mt of groundnuts annually. Under the 1999 Constitution, we are now producing three million mt. Which is better? Nigeria produced 270,000mt of cocoa in 1965 and 650,000mt in 2004. Which is better? Under the 1999 Constitution, Nigeria became the largest producer of cassava in the world as well as one of the world’s largest producers of tomatoes. We are now one of the largest producers of rice in Africa. Of course, you and I know that it is not the constitutions that produced the cassava and rice. It is about policies, incentives and commitment. We really can do with more sophistication in our thinking.
There is also this obsession with regionalism — that we should restructure to six regions to allow for “competition” and reduce “cost of governance”. We had three regions that “competed” in the first republic. So, we should now reduce 36 states to six regions so that we can compete again. That means we should bring Tiv from Benue together with Fulani from Nasarawa in the north-central region and under one governor? Jokes? The over 50 ethnic groups in the south-south should come under one governor? Abia, Anambra, Ebonyi, Enugu and Imo should become one state when Nd’Igbo are actually asking for an extra state? Do these 1963 campaigners listen to themselves at all?
“Cost of governance” is not determined by the constitution. It is determined by the operators of the constitution. The 1999 Constitution prescribes one minister per state, which means we can do with 36 ministers, but we decided to appoint 43. Should we blame the constitution for that? A governor appoints 1,000 aides and buys 1,000 Prado SUVs and we think the high “cost of governance” is caused by the constitution? Lawmakers create millions of naira for themselves as monthly allowances but we want to blame the high “cost of governance” on the constitution? In the end, it is the operators of the constitution that decide either to be prudent or wasteful with public funds. Having six regions will not automatically translate to a massive reduction in costs. This is Nigeria.
Meanwhile, the 36 states are allowed to “compete” by the 1999 Constitution. Abia styles itself as the “SME capital of Nigeria”. Cross River says it is Nigeria’s best tourist destination. Must competition be among only six regions when 36 states can play the game? If not that we tie viability to FAAC, all states are viable — if the leadership is right. As an aside, under the 1999 Constitution, aviation is on the exclusive list but Anambra has just inaugurated its airport. Akwa Ibom has Ibom Air. Lagos, Delta and Akwa Ibom states invested in Econet in 2001. If they had not sold off their shares, they would be earning billions today at a time FAAC revenue is low. But we prefer to blame the 1999 Constitution.
I want to be clear on something: Nigerians have the right to keep looking for how to enjoy good governance and development. However, this is an exercise that must approached with facts and rigour, not just parroting the “received wisdom” being perpetrated from one generation to another. If the 1963 Constitution gave us Eldorado, why was the first republic overthrown? Read the coup speech of Major Chukwuma Nzeogwu and you would think he wrote it early this morning. I understand the nostalgia about the first republic, but the assumptions are simplistic. We had some visionary, competent and patriotic leaders but some think it was the constitution that did the work.
Chief Obafemi Awolowo, for example, never used the 1963 Constitution. Under a colonial constitution, he governed and transformed Western Nigeria from 1952-59. Even with the “military” constitution of 1979, Awo’s cardinal programmes — free education, free healthcare, rural/urban industrial integration and gainful employment — were implemented by UPN governors. Till tomorrow, we are still celebrating the feats of Alhaji Lateef Jakande, Lagos governor from 1979-83. And you know what? Free education, free healthcare, rural/urban industrial integration and gainful employment are still allowed under the 1999 Constitution. If you doubt me, get a copy and read it.
AND FOUR OTHER THINGS…
LUCKLESS LAWAN
After a long trial, Hon. Farouk Lawan was finally sentenced to seven years imprisonment for the bribery scandal of 2012. He had allegedly demanded a $3 million bribe from Mr Femi Otedola in order not to indict his company, Zenon Petroleum, in the subsidy scam probe by the house of reps. The irony was that Zenon dealt only in diesel, which was not subsidised, but our lawmakers can embarrass anybody. Otedola organised a sting operation and nailed him. It is not as if the “public hearing” blackmail has stopped — it is still a major source of income for the blackmailers. Lawan may still find a way out of prison. This is Nigeria where jails are meant for only the lowly. Sad.
HIGH AND LOW
Chidinma Ojukwu, the 21-year-old Unilag undergraduate who allegedly murdered Usifo Ataga, the CEO of Super TV, said something that needs to become a major focus of social action in Nigeria. The 300L student of mass communication said both of them were high on drugs, one of which she named as “roofies”. Brig-Gen Mohamed Marwa (rtd), chairman of the National Drug Law Enforcement Agency (NDLEA), recently attributed most criminalities in Nigeria, including banditry and terrorism, to the influence of illicit drugs. It takes more than courage, anger and hate to butcher a fellow human being. Addressing the drug menace must be priority in our security strategies. High.
FEC VS TWITTER
You mean Nigeria really nominated six ministers to meet with Twitter to resolve issues around the suspension of the microblogging site in Nigeria? To discuss issues of compliance that can be handled by a perm sec and a couple of technocrats? Can you see the quality of thinking in government? I would be surprised if Jack Dorsey, the Twitter CEO, attends the meeting. If he does, it would be just to humour us. It is a job the head of compliance at Twitter should handle. We still have to be thankful that President Buhari and Vice-President Yemi Osinbajo are not part of our delegation. In 1976, Gen Murtala Muhammed said Africa had come of age. And 45 years after, this. Demeaning.
OPL 245 TWISTS
Are Nigerians following the drama around the prosecution of the OPL 245 case in Italy? For the past five years, many people have been scandalised and reputations destroyed over the controversial deal, but new developments have shown that there was more to it. Shell and Eni and their executives have been discharged and acquitted over corruption allegations; Emeka Obi, a middleman for Malabu Oil & Gas in the negotiations, has been freed from jail for miscarriage of justice; and Fabio Da Pasquale, the prosecutor, is now facing investigation for allegedly manipulating evidence in his desperation to secure convictions. This should be made into a movie. Incredible.
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