Sunday, 4 July 2021
Constitution requires Buhari to crush Kanu, Igboho, says NBA Vice President By Robert Egbe
Nigerian Bar Association (NBA) 1st Vice President, John Aikpokpo-Martins, Saturday said any President of Nigeria is constitutionally bound to crush secessionists like Nnamdi Kanu and Sunday Adeyemo, alias Sunday Igboho.
Mr Aikpokpo-Martins said under Nigerian law, self-determination agitations are “simply unconstitutional”.
He faulted secessionists’ claim that agitation for self-determination is a fundamental right, noting that Chapter 4 (fundamental human rights guaranteed provisions) of the 1999 Constitution does not include the right to expressions seeking to divide the country.
The NBA official stated this in his personal capacity in a post on his Facebook page titled, STIRRING THE HORNET’S NEST; THE MENS REA.
He began his post by differentiating between the agitations of a former Niger Delta militant leader, Government Ekpemupolo, alias Tompolo on the one hand, and that by Boko Haram, the Independent People of Biafra (IPOB) and Igboho, on the other.
Mr Kanu, the leader of IPOB that is calling for the independence of Biafra from Nigeria, was presented before a federal high court in Abuja last Tuesday, days after his arrest at an undisclosed location abroad.
A team of joint security operatives invaded Mr Igboho’s house in Soka, Ibadan, capital of Oyo State around 1an last Thursday, barely 72 hours to his plan to hold a rally in Lagos to further canvas for the Yoruba nation.
Defending the government’s actions “strictly based on the law”, Aikpokpo-Martins said: “Let it be known that there is a major difference in the agitation of the Niger Delta militants as led by Tompolo etc to the agitations of Boko Haram, IPOB and Sunday Igboho.
“Tompolo never agitated for a different country; this is very very significant and must reflect on how he is treated.
“Whereas Boko Haram, IPOB and Sunday Igboho are agitating to carve different countries out of Nigeria, Tompolo never did that; he is a Nigerian and advocates for justice and equity albeit as a Nigerian and in Nigeria.
“Constitutionally, no President (whether he is a Buhari, Nnamdi, Babatunde, Ahmed, Osahon, Wike, Aper etc) worth his job will treat those agitating for self-determination with kid’s gloves; he is constitutionally and legally mandated and obliged to crush such people.
“You may mouth fundamental human rights to self-determination etc, but the fact is, the Nigerian constitution described Nigeria as one indivisible country; see section 2(1) of the 1999 constitution.”
He explained that Buhari took an oath to defend the constitution, “so how can a President who swore to defend the constitution which contained a clause providing for the indivisibility of the country turn around to condone agitations for self-determination whether by peaceful and or violent agitations, when such agitations are directed at the core of the validity/legitimacy of the constitution he swore to defend?”
According to him, such agitations are “simply unconstitutional and the President is constitutionally bound to crush same.”
He contended further that Chapter 4 (fundamental human rights guaranteed provisions) of the constitution that many rely on to defend protests, agitations and rallies to demand for a division of Nigeria into different countries “did not guarantee such expressions when such expressions or assemblages are directed at the validity and/or legitimacy of the constitution itself ie seeking a divisible Nigeria!
“It is a legal, ideological and philosophical absurdity to rely on a constitution to which you seek to destroy to protect a right to destroy the same constitution!
“The constitution must inherently and naturally protect and defend itself by denying any person or agitator any right that is inimical to its existence.
“So, those agitating to divide Nigeria cannot seek the protection of the constitution; it will not avail them. They can only seek to actualized their demands outside the purview and protection of the 1999 constitution by whatever means that they deem fit.
“The constitution and all organs and authorities that take legitimacy from the constitution will automatically be biased against such agitators, so they should not expect to be granted any benefits as of right.
“They must brace up to receive any indignity hurled at them by the system with stoic equanimity. Any right granted them by the system is simply magnanimous except such rights can be founded in international statutes.”
Aikpokpo-Martins advised that for the agitators to enjoy the benefits of the constitution and be free from the biases of those in authorities vide the constitution, they must first “renounce their claims to the unconstitutional calls for the divisibility of Nigeria ie calls to be carved out of Nigeria.
“Except and until the constitution provides for the right to self-determination, any expression or assemblage where such agitations are made are not only unconstitutional but also treasonable.
“So, I urge the agitators for different countries to be carved out of Nigeria to first agitate for the right to self-determination and referendum be included in the constitution.
“Then and only then will a President who seeks to crush such agitations be said to be acting unlawfully, illegally and unconstitutionally and only then too can agitations for Boko Haram Caliphate, Odua Republic and the Biafra Republic be lawful and constitutional.
He described those who disagree with his argument as blind.
According to him; “Many persons may not agree with me, but then such people may be blinded by sentiments, ignorance or both. My analysis is strictly based on the law as I know it, and the law is not sentimental.
“Lastly, Tompolo was asking for a better deal for his people WITHIN the country called Nigeria as a Nigerian, he never professed any other nationality nor sought for the break up of Nigeria.
“This fundamental is the ideological difference between him and the others. His methods may have been unlawful, but certainly not unconstitutional, so he deserves different treatment to Sunday Igboho, Nnamdi Kanu, Shekau and all Boko Haramists.
“The actus reus may be the same, but the mens rea is not.”
Nobody can accuse me of corruption – Buhari by Stephen Angbulu
THE President, Major General Muhammadu Buhari (retd.), has insisted that the current polarisation and inherent injustices in the country are neither fuelled by ethnicity nor religion, but Nigerians themselves.
Buhari said this while receiving members of the Muhammadu Buhari/Osinbajo Dynamic Support Group recently at the Presidential Villa, Abuja.
According to him, nobody can accuse him of corruption after serving as a governor, minister, head of state and currently a second-term President.
His Special Adviser on Media and Publicity, Femi Adesina, made the full text of the President’s address to his guests available to journalists on Wednesday under the headline ‘Forget ethnicity, forget religion. We, the people, are the problem of Nigeria, says President Buhari’.
The President again narrated his struggles to get justice at the courts, after disputed results of presidential elections in 2003, 2007, and 2011, concluding that people who ruled against him were of his own ethnic stock and religious persuasion, while those who stood up for him were of other faiths and ethnicity.
He said, “Our problem is not ethnicity or religion, it is ourselves. After my third appearance in the Supreme Court, I came out to speak to those who were present then. I told them that from 2003, I had spent 30 months in court.
“The President of the Court of Appeal, the first port of call for representation by presidential candidates then, was my classmate in secondary school in Katsina. We spent six years in the same class, Justice Umaru Abdullahi.
“My legal head was Chief Mike Ahamba, a Roman Catholic and an Ibo man. When the President of the court decided that we should present our case, my first witness was in the box.
“Ahamba insisted that a letter should be sent to the Independent National Electoral Commission to present the register of constituencies in some of the states to prove that what they announced was falsehood. It was documented.
“When they gave judgment, another Ibo man, the late Justice Nsofor, asked for the reaction from INEC to the letter sent to them. They just dismissed it. He then decided to write a minority judgment. That was after 27 months in court.
“We went to the Supreme Court. Who was Chief Justice of Nigeria? A Hausa-Fulani like me, from Zaria. The members of the panel went in for about 30 minutes, came back to say they were proceeding on break. They went for three months. When they came back, it didn’t take them 15 minutes, they dismissed us.
“In 2007, who was the CJN? Kutigi. Again, a Muslim from the North; after eight months or so, he dismissed the case.
“Again, in 2011, because I was so persistent, Musdafa, a Fulani man like me, from Jigawa, neighbour to my state, was CJN. He dismissed my case. I’ve taken you round this to prove that our problem is not ethnicity or religion. It is ourselves.
“I refused to give up; I had tried to wear Agbada after what happened to me in khaki. Something was done to me, because I did something to others. You know it. In the end, I was arrested, sent to detention, and they were given back what they had taken. I was there for three and a quarter years. This is Nigeria.”
The President expressed optimism that history would capture the progress the country has made in the justice system.
He added, “Thank God that over the years, they can’t accuse me of corruption. And I’ve been everything; Governor, Minister of Petroleum Resources, Head of State, President and in my second term.”
PUNCH.
AstraZeneca: Nigeria faults EU’s rejection, says decision political by Deborah Tolu-Kolawole and Solomon Odeniyi
The African Union, the Federal Government and COVAX, a coalition consisting of the World Health Organisation, Gavi and Epidemic Preparedness Innovations, on Thursday, expressed surprise about the European Union’s decision not to accept AstraZeneca vaccine manufactured in India.
The Director of the African Centre for Disease Control, Dr John Nkengasong, and the African Union Special Envoy on COVID-19, Mr Strive Masliywa, who stated this during a virtual press briefing with some journalists, urged the EU to review the decision.
Also on Thursday, COVAX, consisting of the Coalition for Epidemic Preparedness Innovations, the WHO and the United Nations Children’s Fund, lamented that the EU’s move was already undermining confidence in life-saving vaccines that were safe and effective.
On its part, the Federal Government described the EU’s decision as political.
Recall that the EU said that only those with the EU Digital COVID-19 certificate which enabled people who had received two doses of a vaccine approved by its medicine regulator, the European Medicines Agency, would be able to travel freely within the bloc.
But the pass only recognises AstraZeneca doses (branded Vaxzevria) made by EMA-approved manufacturers in Europe, United States, South Korea and China, not those manufactured by the world’s largest vaccine manufacturer, the Serum Institute of India branded Covishield.
COVAX, a coalition whose aim is to ensure COVID-19 vaccines are available worldwide to both higher-income and lower-income countries, donated to African countries, AstraZeneca vaccine, manufactured in India.
But Thursday Nkengasong said the EU decision was shocking. He stated, “It came as a big surprise. The AstraZeneca vaccine that came from India was funded by COVAX, supplied by COVAX and COVAX was funded mainly by the Europeans until recently when the Americans joined,; so that came as a big surprise to us that the vaccine which was being supported by the Europeans and supported by WHO and COVAX will not be recognised by the green digital certificate in Europe.
“We have always said since the start of this pandemic that we should use science and data to take decisions and I don’t think this one was driven by science.
“If the vaccines were producing less quality antibodies, we would argue it, but the antibodies produced are of good quality.”
EU firms rejected African countries’s request for COVID-19 vaccines – AU
Masliywa agreed with Nkengasong, saying, “In Europe, there are vaccine manufacturing plants, when we approached them when the pandemic started, we were told they could not spare any and we were referred to India.
“The Europeans themselves financed COVAX, the vaccines purchased from COVAX were purchased by their money. Now we are calling on them to open up their facilities to sell their own vaccines to us. We are not asking for donations now, we have the money. Even the poorest of the African countries have raised money to finance the vaccine acquisition.”
He added that the US would begin shipping the first batch of COVID-19 vaccines it had donated to Africa from this weekend.
On its part, COVAX, in a statement on Thursday said the coalition was built on the principle of equitable access to COVID-19 vaccines to protect the health of people all across the globe.
It stated, “As travel and other possibilities begin to open up in some parts of the world, COVAX urges all regional, national and local government authorities to recognise as fully vaccinated all people who have received COVID-19 vaccines that have been deemed safe and effective by the World Health Organization and/or the 11 Stringent Regulatory Authorities approved for COVID-19 vaccines, when making decisions on who is able to travel or attend events.
“Any measure that only allows people protected by a subset of WHO-approved vaccines to benefit from the re-opening of travel into and with that region would effectively create a two-tier system, further widening the global vaccine divide and exacerbating the inequities we have already seen in the distribution of COVID-19 vaccines.
“It would negatively impact the growth of economies that are already suffering the most. Such moves are already undermining confidence in life-saving vaccines that have already been shown to be safe and effective, affecting uptake of vaccines and potentially putting billions of people at risk. At a time when the world is trying to resume trade, commerce and travel, this is counter-effective, both in spirit and outcome.”
EU’s decision political, not based on scientific facts – FG
The Federal Government described the EU’s decision on the digital COVID-19 certificate as political.
The Secretary of the Presidential Steering Committee on COVID-19, Dr Mukhtar Muhammed, said this in an interview with The PUNCH.
He said the decision lacked scientific facts.
Muhammed said, “I think people have to make a distinction between a scientific decision and also a political decision and from a scientific decision, there is no difference between a vaccine that is got from COVAX and a vaccine produced in Europe
“The vaccines are the same. The manufacturing processes are the same, the storage and packaging are actually the same.
“We know also that there are political decisions which the European Union has made several mistakes since the commencement of this pandemic, they had Oxford AstraZeneca, they didn’t release it but were vaccinating their people.
“These are all political decisions that they have made
“And in this particular instance I want to believe that they are not disputing the efficiency of the Covishield but rather it is just a political decision to say that particular manufacturer has not been approved in Europe and that is not something that should be in the news
“They could have just told the manufacturers to make sure that they register their products in Europe.
“It is really unfortunate that we are making politics out of science. It is sad as we are going through a lot with this pandemic.”
PUNCH.
Dangote Refinery on track to be the 5th largest company in Africa by Ajibola Akamo
Diversification: Dangote refinery may be Nigeria’s most impactful in the short term
The Dangote Refinery is an oil refinery owned by the Dangote Group Chairman, Aliko Dangote. Although the refinery is still under construction in Lekki, Lagos State, Nigeria, it is said that it will have the capacity to process about 650,000 barrels per day of crude oil, making it the largest single-train refinery in the world. Aliko Dangote is said to have invested over $7 billion which is just over 60% of his total net worth, currently valued at $11.6 billion according to Forbes. Once completed the refinery is expected to be Africa’s biggest oil refinery and the world’s biggest single-train facility.
Production Capacity
In terms of production capacity, the Dangote refinery is the largest in Africa, producing 650,000 barrels per day of crude oil. A close second in Africa would be Egypt’s Bashandyoil fossil crude oil refinery which produces 300,000 barrels per day but it is also under construction.
In Asia, the Dangote refinery will be ranked #6 in the continent. In China, only the Sinopec Zhenhai Refinery comes close to the capacity of the Dangote refinery as the refinery can only handle 345,000 barrels per day.
The production capacity of the Dangote refinery also outperforms big oil nations refineries like Saudi Arabia. The country’s largest refinery controlled by Aramco is the Ras Tanura Refinery, which has a production capacity of 550,000 barrels per day. In the United Arab Emirates (UAE), the Dangote refinery will be ranked 2nd. This is because the Ruwais Refinery (Abu Dhabi Oil Refining Company), produces 817,000 barrels per day. In Iran, the Dangote refinery will be outperforming Abadan Refinery, which has the largest capacity in the country with 450,000 barrels per day.
Trustfund Pensions Limited
In Singapore, the ExxonMobil Jurong Island Refinery, which is the largest in the country does not meet up with the Dangote refinery, producing only 605,000 barrels per day. In South Korea, the Dangote refinery will be ranked 5th in the country in terms of capacity, being able to only outperform 1 out of the 5 refineries in the country.
In Europe, Dangote Refinery outperforms all major refineries belonging to well-known oil companies like ExxonMobil, OMV, Royal Dutch Shell, Total S.A and Vitol. Although only one refinery in Russia, called the JSC Antipinsky Refinery, outperforms the Dangote refinery with a capacity of 896,500 barrels per day.
In North & Central America, Dangote’s refinery outperforms all major refineries on the continent, even in big oil states like Texas, America. In Texas, the refinery that comes close to the capacity of Dangote’s is the popular Port Arthur Refinery which is owned by Motiva Enterprises, an American company that operates as a fully owned affiliate of Saudi Aramco. The refinery has a capacity of 636,500 barrels per day.
In South America, the largest refinery, Paraguana Refinery Complex, is considered the world’s third-largest refinery located in Venezuela. Its production capacity is 956,000 barrels per day. Dangote’s refinery will come in second in the region.
Compared to Companies in Nigeria
Dangote Refinery, being valued at $19 billion, represents ₦9.5 trillion when using the Nigerian parallel market rate of ₦500 to $1. Compared to the Nigerian Stock Exchange equity market capitalization, the value of Dangote’s refinery is almost half of the equity market capitalization, representing approximately 48% of the value.
The Stocks Worth Over One Trillion (SWOOT), which includes Dangote Cement, MTN, Airtel Nigeria, BUA Cement and Nestle Nigeria have a current valuation as of the close of yesterday’s market at ₦13.3 trillion. When compared to Dangote refinery, although altogether they are more valuable, the refinery takes up 72% of the total value of the SWOOTs.
Compared to the first-tier banks in Nigeria, represented by the acronym “FUGAZ”, which includes First Bank of Nigeria, United Bank of Africa, Guaranty Trust Bank, Access Bank and Zenith Bank, Dangote refinery is bigger than all their market capitalization put together by 389%.
Compared to Companies in the World
In the oil and gas industry, the refinery will be ranked #30 dethroning OMV, an Austrian multinational integrated oil, gas and petrochemical company. This makes Dangote refinery the largest oil and gas company in Africa with South Africa’s Sasol coming in at second position with a market capitalization of $9.75 billion. Sasol is ranked 44th in the world according to companiesmarketcap.com.
In Africa, Dangote Refinery will be ranked the 5th largest company on the continent, dethroning Anglo American Platinum, the world’s largest primary producer of platinum, accounting for about 38% of the world’s annual supply, which is currently valued at $13.05 billion.
In America, Dangote Refinery will be ranked #422, dethroning Cincinnati Financial Corporation, an American insurance company that offers property and casualty insurance. That being said, the refinery will be bigger than some popular and well-known companies such as Domino’s Pizza ($18.11 billion), United Airlines ($16.91 billion), GameStop ($15.15 billion), American Airlines ($13.60 billion), McAfee ($12.03 billion) and Western Union ($9.40 billion).
In the United Kingdom, Dangote Refinery will be ranked #34. This means that the refinery is bigger than EasyJet, which is currently valued at $5.95 billion. In China, the refinery will be ranked #92 in the country, being more valuable than China’s Hua Xia Bank, which is currently valued at $14.74 billion. In Saudi Arabia, it will be ranked #9, taking the spot from the Saudi British Bank, which is currently valued at $17.25 billion.
Why this matters
The Dangote Refinery, when fully operational is set to be the largest refinery in Africa, the fifth-largest company by market capitalisation on the continent, and the largest single-train refinery in the world. It will put Nigeria in the spotlight for crude oil refining, competing with world refining superpowers in countries such as the United States, China and Saudi Arabia.
Jaiz bank
Last year, Mr Devakumar Edwin, Group Executive Director (Strategy and Capital Projects), Dangote Industries Limited, told newsmen that the refinery is a strategic win for the Nigerian economy, with the capacity to create at least 250,000 jobs when it is fully operational.
The refinery alone is set to outproduce Nigeria’s three major refineries – the Kaduna, Warri, and Port Harcourt refineries with a combined nameplate capacity of 445,000 bpd. The locally refined petroleum products will not only serve the Nigerian market (thus reducing the forex expended on importation of these products) but will also serve international markets, earning more forex for the nation.
We keep missing the point by Simon Kolawole
I’ve been reliably informed that I irritated a number of people in two recent articles, one titled “True Federalism and Other Fallacies” and the other “Restructuring and the 1963 Constitution”. I can understand the frustration of many southerners: they feel trapped in a country with people they would rather not live with. The events surrounding the ascension and descension of President Jonathan left many hurt, bitter and angry. The campaign for restructuring and balkanisation has been heightened since President Muhammadu Buhari came to power: many southerners insist he has not painted himself in glory with his pattern of appointments and pronouncements.
In those articles, I did not say people should not campaign for restructuring. That’s above my paygrade. My plea is simple: stick to the facts and stop lying to children. Many Nigerians have been misled with falsehoods and fallacies. In one article, I argued that “true federalism” is a fallacy, that what we have are variants of federalism as no two countries practise the system the same way. Each federal constitution decides how powers are shared — with currency, diplomacy and military usually centrally controlled. I pointed out that fiscal federalism does not mean resource control. To the contrary, it is a theory about fiscally balancing the federation so that poorer parts don’t suffer.
In my other article, I compounded things by quoting a section of the famous 1963 Constitution to debunk the fallacy that regions were granted resource control in the first republic. Mines and minerals, including oilfields, oil mining, geological surveys and natural gas, were all on the Exclusive Legislative List and squarely under the jurisdiction of the federal government. I also noted that the economic mainstays of the regions were cocoa, groundnuts and palm produce — which were agricultural products, not mineral resources. I argued that under the 1999 Constitution, states are still allowed to repeat the agricultural feats of 1963 without having to worry about derivation.
Perhaps, more annoyingly, I recalled the position of a professor of law and senior advocate of Nigeria who said the 13 percent derivation on “revenue” under 1999 Constitution is bigger than the 50 percent derivation on “rents and royalties” under the 1963 Constitution. Although I am still carrying out further research to verify the professor’s assertion (it’s been difficult getting data on revenues from royalties and rents in 1963-66 but I will not give up), I did argue that royalty is just a fraction of the revenue that the Nigerian federation earns from oil. I listed other oil revenue items under today’s expansive taxation regime which was not in place in 1963 when petrodollar was little.
I did also say that the biggest income for the federation today is from sale of oil and gas, not rents or royalties. Rents are paid to the federation for the land on which oil is being drilled. Royalties, on the other hand, are usually tied to thresholds. For instance, the current offshore royalty for fields producing less than 15,000bpd is 10 percent, while price-based royalties are only paid if oil sells above $35/barrel. The national assembly is trying to reduce offshore royalties to 7.5 percent and raise the price threshold to $50/barrel. This will further reduce income from royalties. Conversely, 13 percent derivation is a direct and flat charge on revenue from oil produced in a particular state.
In my series of articles over the years, my aim has always been to make certain points which we keep missing in the campaign for the restructuring of Nigeria. One, we keep blaming the 1999 Constitution for what is clearly the failing of its operators. Chapter II says that “national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited” and that the state shall “control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity”. Is this bad?
The constitution further provides that the sanctity of the human person shall be recognised and human dignity shall be maintained and enhanced; that governmental actions shall be humane; and that exploitation of human or natural resources in any form whatsoever for reasons, other than the good of the community, shall be prevented. Pray, how on earth can anybody deride the ENTIRE document, falsely claiming that it was not written by “We the People”? Was it written by “We the Goats”? What else can the all-knowing “We the People” write that will re-invent the wheel? If there are loopholes, why not fix them? Is that not why a constitution is a living document?
Two, there are so many opportunities provided by the 1999 Constitution which we have conveniently ignored because we are obsessed with desecrating and discrediting it. I pointed out a few things last week. As we all know, agriculture is on the concurrent list, which means the federal government and states are free to make policies on it for the benefit of the citizens. In the pre-Independence era and the first republic, cocoa, palm produce and groundnuts — along with tax revenue — were what Dr Michael Okpara, Dr Nnamdi Azikiwe, Sir Ahmadu Bello, Chief SL Akintola and Chief Obafemi Awolowo utilised to develop their regions. It is an open fact, I suppose.
Under the 1999 Constitution, there is no single provision stopping states from promoting agriculture and industry with smart policies. As Fela would say, “Ground no dey shake; na your leg weak.” States can use rice, pineapple, cassava, tomato, sorghum, cocoa, oil palm, cotton, groundnuts, ginger and sesame to drive economic growth and development but some would rather resort to work avoidance by pursuing the narrow argument that the 1999 Constitution was not written by “We, the Only Wise” and it is anti-people and anti-federalism and only fit for the shredder. It is so easy for politicians to blind the people with ethnic and sectional emotions just to paper over incompetence.
I have gone to great lengths in recent years to explain how states can get value from agriculture, which has nothing to do with derivation or Abuja. In my previous article, I briefly touched on what states can do to diversify their revenue base. South-west states, under the DAWN Commission, got a telecoms licence for O’Net in 2002. Does anyone still remember? Telecoms is on the exclusive list, by the way. This shows us what is possible under the 1999 Constitution. In fact, under the constitution, Osun or Benue or any other state can incorporate an oil company and start competing for oil blocks with Shell and Aramco anywhere in the world. All we know to do, unfortunately, is moan and whine.
Three, even the items that are on the exclusive list, what exactly is the problem? Railway is on the list but Lagos is building a rail line. Heaven has not fallen. Rivers was undertaking a light rail project years ago. Kano state is planning one. Aviation is on the exclusive list but only God knows how many states have or are building airports today. Power is on the exclusive list but many states are into power projects. The one built by Asiwaju Bola Ahmed Tinubu as governor of Lagos state between 1999 and 2007 is the one sustaining many factories in Lagos today. All these achieved under the 1999 Constitution! So, what exactly is our problem? Why do we keep heating up Nigeria for nothing?
Four, we have this thinking that more allocation means more development. By all means, the oil-producing areas deserve to enjoy the benefits of being the region where Nigeria’s biggest source of public revenue and forex is mined. If I had my way, I would even ask them to keep 100 percent of the oil revenue. It is their luck that they have oil in the bellies of their lands. But we keep making the mistake that more derivation revenue will translate to more development. This is partly driving the agitation for restructuring and the so-called fiscal federalism. From experience, more revenue has not translated to more competence or more development. But we just keep missing the point.
Finally, let me ruffle feathers again. Awo is being used as the poster boy of the “restructuring” campaign. He is always quoted to have said: “Nigeria is not a nation. It is a mere geographical expression.” Sorry, but this is a clever manipulation of Awo’s thoughts on page 48 of his book, ‘Path to Nigerian Freedom’. Under the chapter, ‘Towards Federal Union’, this is the full context: “If rapid political progress is to be made in Nigeria, it is high time we were realistic in tackling its constitutional problems. Nigeria is not a nation. It is a mere geographical expression. There are no ‘Nigerians’ in the same sense as there are ‘English’, ‘Welsh,’ or ‘French’.” And this was in 1947!
In truth, what Awo was advocating was nation-building. He was not asking for Oduduwa Republic. By 1968, he had this to say about the Nigerian project: “It is incontestable that the British not only made Nigeria, but also [handed] it to us whole on their surrender of power. But the Nigeria which they handed over to us had in it the forces of its own disintegration. It is up to contemporary Nigerian leaders to neutralise these forces, preserve the Nigerian inheritance, and make all our people free, forward-looking and prosperous.” He had, obviously, moved beyond the federalism debate he wrote about in 1947, but people make it look like he campaigned for federalism all his life.
Actually, Awo twice contested to be president — in 1979 and 1983 — under the “military” 1979 Constitution, which is the same document we updated and renamed 1999 Constitution. Were Awo to be president of Nigeria today using the same 1999 Constitution, you can bet he would do well. But we have been tuned to think it is constitutions that develop a society. Constitutions can NEVER take the place of visionary, competent and patriotic leadership. That is why virtually all systems deliver economic progress: liberal democracy, dictatorship, presidentialism, parliamentarism, federalism, unitary system, name it. But I accept that it is too hard for some people to understand.
AND FOUR OTHER THINGS…
YORUBA NATION
After the destruction brought upon Lagos state in the wake of the End SARS protests in October 2020, it is now glaring that the police have developed a morbid fear for public protests in the nation’s commercial capital. Otherwise, I see no reason for the show of force in the state yesterday to prevent Chief Sunday Igboho’s rally for Yoruba “nay-son” from holding. There is something we still need to get clearly: Nigerians have a fundamental right to demonstrate and agitate, as long as it is peaceful and no laws are broken. The police should not become so hysterical that public demonstration will become criminalised. The emphasis should be on law and order. Civil.
KANU CONUNDRUM
When news broke that Mazi Nnamdi Kanu, leader of the separatist Indigenous People of Biafra (IPOB), had been re-arrested and brought back to the country to continue his trial for treason, I was not particularly excited. Things are so delicate, politically, in Nigeria today that we do not need anything that would complicate the fragility. But I agree that the Nigerian state has to assert its sovereignty and not show weakness. Legitimate questions are being asked about how and where he was re-arrested, and if any international laws were indeed broken. Whatever the case may be, we should now be demanding due process, respect for his dignity and fair judicial process. Justice.
HOPE RISING?
Months ago, it was as if Nigeria was about to melt into hell. Some men of God had already lost faith and started preaching “Plan B” to the children of God. So many of my friends, some of them diehard optimists, called me and said it was looking gloomy and they were planning to leave the country. The insecurity has apparently reduced a bit, even if not significant enough to rekindle wholesale optimism. At least, we have some breathing space. The death of Abubakar Shekau, the Boko Haram leader, and the reduction in attacks on police stations and prisons in the south-east are big wins, but we would feel much more relieved if the bandits and criminal herders are reined in. Progress.
POUNDED PDP
Governor Bello Mutawalle of Zamfara has defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). From controlling 31 states as of June 2007, the PDP has been reduced to having just 13 states today — with more of its governors expected to jump fence in the weeks and months ahead. How are the mighty fallen! This was a party that once prided itself as the biggest in Africa, with an arrogant promise to rule Nigeria for 60 years. APC is the beneficiary and I can smell their own arrogance all over the place. For those of us on the sidelines, this is normal service. APC is PDP and PDP is APC. Politicians will never stop jumping back and forth. Opportunists.
Saturday, 3 July 2021
Dr Hadiza Bawa-Garba: Struck-off doctor can return to work - BBC News
A doctor convicted over the death of a six-year-old boy can return to work, a medical tribunal has ruled.
In 2015, Dr Hadiza Bawa-Garba was found guilty of gross negligence manslaughter over the death of Jack Adcock.
She was struck off in 2018 but appealed against the decision and won her bid to be reinstated to the medical register.
The Medical Practitioners Tribunal Service (MPTS) has now ruled Dr Bawa-Garba can return to work, but only under close supervision.
The doctor will resume work - although at a lower grade than she was previously employed at - once she returns from maternity leave in February 2020.
Tribunal chairwoman Claire Sharp said the chance of Dr Bawa-Garba putting another patient at unwarranted risk of harm was low and she had undertaken a "significant" amount of remediation.
However, the tribunal found the doctor's fitness to practise was "impaired" as she had not had face-to-face contact with patients since 2015.
Jack's parents, Nicky and Victor, from Leicestershire, had opposed Dr Bawa-Garba being allowed to practise again.
Giving evidence at the hearing, the doctor apologised to the Adcock family.
Jack Adcock died at Leicester Royal Infirmary in 2011 when undiagnosed sepsis led to cardiac arrest
In 2011, Jack, who had Down's syndrome and a heart condition, died from a cardiac arrest caused by sepsis 11 hours after being admitted to hospital.
Prosecutors in Dr Bawa-Garba's criminal trial said his death was caused by an incorrect diagnosis and "serious neglect" by staff.
Dr Bawa-Garba's defence said she had worked a 12-hour shift with no break and there was miscommunication on the ward.
The doctor was removed from medical duties ahead of the trial. She was later given a two-year suspended sentence by the court.
Dr Hadiza Bawa-Garba said she was "sorry for her role" in Jack Adcock's death
In 2017 the MPTS suspended her from the medical register for a year, but the General Medical Council appealed against the decision and in January 2018 she was struck off at the High Court.
Dr Bawa-Garba subsequently took her case to the Court of Appeal and in August won her bid to be reinstated.
She is currently serving a suspension until July but wants to return to work full-time in February.
Giving its determination, the MPTS said the doctor had "reflected appropriately" on the events of Jack's death and had undertaken significant steps to remediate concerns identified in 2017.
A number of conditions were put in place on Dr Bawa-Garba's registration, and will be in place for two years from July.
During the hearing, Dr Bawa-Garba said: "I am sorry for my failure to recognise sepsis.
"I apologise for the pain I have caused the family, the pain will live with me for the rest of my life."
Sitting in the public gallery, Mrs Adcock interjected: "Eight years too late."
Speaking after the tribunal, she added: "I don't think she should ever be allowed in a hospital again."
Jack's parents Victor and Nicky Adcock attended the tribunal
A GMC statement said the process had been "difficult" for the Adcock family.
It added: "'The GMC and Dr Bawa-Garba's representatives both submitted to the medical practitioners tribunal that her fitness to practise remains impaired due to the length of time she has been out of practice.
"It is important the doctor's return to practise is safely managed."
However, Jenny Vaughan, law and policy officer for the Doctors' Association UK, said it was "right" that Dr Bawa-Garba would be allowed to return to work.
She said: "Dr Bawa-Garba was working in appalling conditions that day in an NHS hospital...there is a culture of blame in the NHS at the moment which, if left unchecked, will mean patient safety is not what it should be as staff will be too scared to admit their mistakes."
Doctor struck off over boy's death allowed to return to work by Sarah Boseley Health editor
Hadiza Bawa-Garba, convicted over death of Jack Adcock, will be supervised for two years
Dr Hadiza Bawa-Garba hopes to resume working in February next year as a trainee paediatrician.
A doctor who was struck off the medical register after the death of a child and then reinstated after a battle through the courts has been told she can return to work under supervision.
Hadiza Bawa-Garba has not worked since November 2015 when a jury convicted her of gross negligence manslaughter over her treatment of six-year-old Jack Adcock, who developed sepsis and died of cardiac arrest at Leicester Royal Infirmary in February 2011.
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Her case caused an outcry among doctors who believed she had been made a scapegoat for the failings of an overstretched NHS. Bawa-Garba now hopes to resume working in February next year as a trainee paediatrician. She is currently on maternity leave. She will be under supervision, with conditions on her medical registration, for two years.
The medical practitioners tribunal service, reviewing her case towards the end of a period of suspension, found Bawa-Garba’s fitness to practise was impaired after four years without contact with a patient. But the tribunal said she understood what had gone wrong and had undertaken remedial training. The tribunal’s job was not to punish but to protect patients, it said.
The tribunal “was satisfied that Dr Bawa-Garba has sufficient insight into her conviction, its seriousness and its consequences” and that the public interest had been served by two periods of suspension, of 12 and six months.
Jack Adcock
Jack Adcock, six, died at Leicester Royal Infirmary in February 2011. Photograph: PA
Bawa-Garber was given a suspended sentence after her conviction for Adcock’s death. An investigation later said “multiple systemic failures” were also involved in the death.
The medical tribunal gave her a suspended sentence but the General Medical Council (GMC) appealed and she was struck off, causing an outcry among medical professionals. Later the court of appeal reinstated Bawa-Garba to the medical register. The original suspension was reinstated and then renewed for six months in December.
She has been supported by the Doctors’ Association UK, which welcomed the decision. Dr Jenny Vaughan, its law and policy officer and the founder of the organisation Manslaughter and Healthcare, said: “I’m a patient, doctor and a mother and I know that Jack Adcock should have received better care. However, Dr Bawa-Garba was working in appalling conditions that day in an NHS hospital, and all the evidence of what the hospital actually needed to put right was not heard by the jury.
“There is a culture of blame in the NHS at the moment which, if left unchecked, will mean patient safety is not what it should be as staff will be too scared to admit their mistakes. The next generation of those who want to care will simply vote with their feet. It’s right that Dr Bawa-Garba is going to be restored to the medical register as the hospital too was at fault and should have provided better care. We are calling for a just culture so that the system here is made safer, as locking up individuals achieves nothing.”
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Dr Samantha Batt-Rawden, the chair of the Doctors’ Association UK, said: “Today’s verdict, whilst welcome, is no cause of celebration. There are no winners in this desperately sad case. However, restoring Dr Bawa-Garba to the medical register is the right outcome and will go some way in addressing the current climate of fear and blame in the NHS which is so toxic to patient safety. I have no doubt that Dr Hadiza Bawa-Garba will now be the safest doctor in the hospital, and as a doctor and a mother I would have no hesitation in allowing her to treat my child.”
A GMC spokesperson said: “We would like to acknowledge how difficult this process has been for the Adcock family and our thoughts are with them. The GMC and Dr Bawa-Garba’s representatives both submitted to the medical practitioners tribunal that her fitness to practise remains impaired due to the length of time she has been out of practice. It is important the doctor’s return to practice is safely managed.
“The tribunal agreed, making a finding of impairment, and they have imposed conditions on Dr Bawa-Garba’s registration for two years in order to allow her to return safely to practice.”
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