Category: Opinion

Is The Ikoyi Whistleblower A Fable Or A Conspiracy?

Posted on by The Elites

By Bamidele Ademola-Olateju

When I wrote that Fani-Kayode might be right after all, it had no bearing to his rant about who owns the Ikoyi money. Fani-Kayode has written extensively about the power configuration in Nigeria and how it furthers underdevelopment and enriches a few. I care about Fani-Kayode only as a homegrown lunatic who one might find useful, when the stray lunatic comes visiting. Sane people do not fight lunatics. I hope I have made that clear.

Over the Easter holidays, I dug for information on the Ikoyi money. My sources insist neither the NIA nor Ayo Oke owns the money. I posted my update yesterday as I prepare to board the aircraft, back to my base. Some of my friends who read my update sent messages to me urging caution given the volatile nature of the case.

I want to thank you and let you know I appreciate your messages. I also want to assure you that I ALWAYS deploy advisory postures of caution in all my updates. I take myself seriously and I know the burden I bear knowing how people trust me and what I write. I don’t work in government but there are a lot of patriots who work in government and are unhappy about the wrong turn, our affairs has taken. These people pass information to people in public intellection like me, as well as others who are trained journalists. I do not view Nigeria from ethnic prism at all and I do noàt fear labels when I take on isaues. I will not hesitate to point out ethnic slants and call out ethnic chauvinists when need be.

A few hours ago, a friend who read my update convinced me of the NIA angle. I still have my doubts if NIA was made to own up to the money but here is what I have now and have cross checked. My friend connected me to an operative who gave me an account of what really happened. As it is, the Ikoyi money has lot of loose ends but the government may never tell us anything about it. They know, we will talk about it until another news overtakes it and it is forgotten!

The story will continue to unfold because of the murky nature of what the money was budgeted for and who the actors are. Overnight, I tried breaking the puzzle but I encountered a lot of gaps because of bad institutional processes, dizzying power play and succession politics. Magu may eventually be the fall guy again. What is wrong with that guy?

Was the whistleblower part of this unfolding story, concocted? Was it a Fable or a conspiracy? Three weeks ago, the EFCC chairman was taken on a tour of the National Intelligence Agency (NIA). At the time, it was considered a friendly visit by everyone at the NIA. Oke was appointed by Jonathan, he could stay or go depending on how the Presidency sees him.

1. The Ikoyi money was known only to few people in the intelligence community.
2. The money was approved by President Jonathan for foreign operations by the NIA.
3. It was included in handover notes to the NSA and presidency.
4. The NSA has corroborated the Director General of the NIA.

How Magu got to know the location of the money is a mystery but certainly not from a stray guard or someone in Lagos who saw the “Haggard woman”. Those who want Oke’ s job, who knew about the money told Magu for their own agenda. Magu went in with cameras as part of his publicity drive, even when he was asked to exercise restraint.

I was made to understand that the project involved is top secret and that the Presidency has expressed confidence in the leadership and service delivery of the NIA because of the nature of the project.

Yes, Intelligence and covert operations costs money, but what operation costs that much? Analysts who are familiar with intelligence operations told me this morning that it is difficult to explain such budgets to ordinary people. They claim Intelligence Agencies worldwide conduct such high level expensive and top secret covert operations.

However, critical questions remain which the operative cannot answer but he promised to get back to me if he gets more information. The headquarters of NIA is a fortress. Nobody will know if that money was in the forests surrounding their headquarters. Why Lagos? Why Ikoyi? Why the house of the PDP chair? Why a private residence that is an apartment? Why was the money still there two years on? Knowing covert operations money can’t be retired as it is done by other agencies, would this money have been spent for the operations if undiscovered?

I understand the second tranche of the money will be paid soon. The outrage seems to be from the public alone on this issue and it is rightly deserved. We are all better off when people and institutions do their jobs with professionalism and give it the seriousness it deserves. This attention seeking, headline grabbing money busts serves no one interests. At the end, we never get to know their real owners and cases are lost even at pretrial due to tainted and inconclusive investigations.

Im really angry at Magu for bungling this yet again! So far, to what end has Magu succeeded? Who is Magu trying to impress? Magu need not hurt himself further. The SSS is after him. The police hates him. The Presidency cabal wants his head on a platter. Now the NIA. He has refused to put his many training outside Nigeria to use. He should please focus these last two years on building the investigative and institutional process of the EFCC and stop the publicity stunts. Video recording of evidential materials are for tendering during prosecution, not for headline grabbing stunts. Magu needs to re-examine his strategy and tactics. He is the reason why we will not get all true details of the Ikoyi money aside from the official explanation.

Another Word For Emir Sanusi, By Jafaar Jafaar

Posted on by The Elites

While the hyperbolic lyrics of the legendary Sarkin Kotson Kano Abdulrahman’s magnum opus – Sir Sanusi Sarkin Yaki Zakin Daga Na Abashe – turned the late Sir Sanusi’s inborn hubris into believing that he was above his peers and superiors, his grandson chose to take inspiration from a tribe of cyber buskers cheering him to banishment.

Barely three years after his ascension to the Kano throne, the present emir of Kano, Muhammadu Sanusi II, has dumped a set of etiquettes laid down by Muhammad Al-Maghili during Emir Muhammadu Rumfa’s reign in the 1480’s to inspire awe and instil respect for leaders; demolished the century-old Soron Ingila built by Emir Abbas and used by colonialists shortly after Kano conquest in 1903 and; squandered at least N4billion bequeathed to him by Emir Ado Bayero in 2014.

Let me make it clear to people who think I was paid to write against Emir Sanusi that my conscience is the mainspring of my actions. For the sake of making a point, on Wednesday last week a notable personality who marvelled at my last article on Emir Sanusi sent me a ‘gift’ of N200,000. I declined to accept the gift in order to clear my conscience that I have NEVER collected money from anybody to write against the emir.

Well, I really do not bother about the effete challenge of a clan of Internet meerkats, tying to challenge an armadillo of a journalist. What I am more concerned about is setting the records straight with fairness but without fear or favour.

There are certain traditions a traditional office holder is expected to adhere to. That is the reason it is called traditional institution. Traditional rulers are chief image-markers of their people, chief custodians of culture and traditions, ambassadors of their people, etc. But Emir Sanusi chose to drift from this tradition. I have never heard an Eze saying the Igbos are 419ers or drug-traffickers, nor heard an Oba denigrating the Yoruba people.

While I have my reservations about Ganduje’s light rail project, Emir Sanusi’s conclusion that tens of thousands of enterprising stall owners in Sabon Gari Market, industrious traders of Yankura, dutiful traders at ’Yan Lemo, resilient vendors of Kurmi, venturesome grain dealers of Dawanau, billionaire merchants of Singer and Kantin Kwari Markets are all there to attend “wedding and naming ceremony” is abusive. And I am being charitable.

Emir Sanusi’s Financial Recklessness

About six weeks after becoming emir, Sanusi began the butchery of the emirate council’s life-time savings in fixed deposits in First Bank, UBA, Zenith, FCMB, AfriBank, Access, etc.

On July 24, 2014, the sum of N400m fixed by his predecessor was first broken from First Bank to the transaction account of the emirate council at the same bank. Less than three weeks after, on August 13, 2014, another fixed deposit of N200m was recalled to the main account. The recall of the fixed deposits continued steadily until December 8, 2016 when about N4billion he inherited were drawn into the main/transaction account and mercilessly exterminated.

Following his visit to former President Goodluck Jonathan on July 24, 2014, and subsequent release of his travel documents by the SSS, the emir began criss-crossing the world. On August 1, 2014, Emir Sanusi approved the payment of N152,624,723 to a now sanctioned bureau de change operator, Dabo Gate Ideal. Twelve days after, on August 13, 2014, the same company was again paid N15,458,660. On December 10, 2014, Western Union Travels and Tours Limited, a travel agent to DELOITTE, was paid N6,993,203. Three weeks after, precisely on December 31, 2014, the same company was paid N5,566,235 from the emirate council account. Two weeks after, the company was again paid N9,071,000 from the emirate council account on January 14, 2015. This payment trend to Western Union Travel and Tours and Classic Air Service for chattered flights and foreign travels continues till date.

Contrary to reports that the emir’s expensive cars were gift from friends, documents available to me show that on August 27, 2014, Nigeria’s famous exotic car dealers, Triple K Investments, were paid N142,800,000 from the First Bank account of the emirate council for the supply of exotic cars. Still on August 27 and October 16, 2014, Emir Sanusi approved the payment of another N154,873,000 and N36,223,000 respectively to the same Triple K Investment for the supply of exotic cars. Again, the same company was paid N5,060,000 on December 17, 2014.

In my last article, I hinted that the emir spends a lot on Internet bills. Now to prove this assertion, here is the breakdown of his expenditure on calls and Internet. On June 29, 2015, Airtel was paid N2,639,185.19; on July 22, 2015 (N1,471,163.49); on August 31, 2015 (N4,954,883.61); on September 29, 2015 (N2,638,626.18); on November 9, 2015 (N1,012,077.36); on December 21, 2015 (N8,697,900.09); on March 11, 2016 (N3,640,356.14); on April 26, 2016 (N1,000,000); on August 22, 2016 (N3,000,000) on September 21 (N2,000,000); on December 19 (N5,000,000) and; on February 9, 2017 (N2,000,000).

I couldn’t believe when I once heard the emir once spent N7m on Internet in ONE month! Now imagine this: The total amount the emir spent on Airtel from June 29, 2015 to February 9, 2017 is N37,054,192.06. This amount alone could build a modest school or a cottage hospital with equipment as a way of matching his words with action.

While the salary bill of the emirate was in average of N7million (usually defrayed by the interests accrued from over N4billion fixed deposits Emir Ado Bayero made), the emirate received a steady grant from local government deductions of N127,898,110.07 every quarter – about N42m monthly.

While he buffeted the savings on his expensive lifestyle, to be fair to him, he increased the salary to N17,078,441.56 in September 2014. The salary bill further ballooned under Sanusi to about N23m after the emir put his distant cousins, uncles and other relatives on salary.

When recession bit harder, grants decreased and balance in the account fell to as low as N800,000 at a point, the emir now slashed the salary to the status quo ante, but he never stopped lavish spending on foreign and local travels, Airtel data/calls, questionable NEFT transfer of about N12m monthly, cars, sartorially hyped up outlook, etc.

In monthly grants, the emirate council received between July 30, 2014 and March 1, 2017, the sum of N1,672,953,660. While the total debit from June 8, 2014 to April 11, 2017 is about N6 billion, the current balance in the account as at April 11, 2017 is N23,487,406.12.

For someone who is preaching the gospel of economic management, financial prudence, I wonder why he woefully failed set example in his tiny fief.

Let me, as obedient subject, once again remind my emir, a monarch who does not mind deposition on the alter speaking the “truth”, that when certain Sanusi Lamido Sanusi escaped firing squad by whiskers and jailed for about two and half years under Abacha’s Decree 2 in Sokoto Prisons for “inciting violence”, his rights to both movements and free speech were trampled.

I hope somebody will take some lessons.

 

EFCC Probes Jonathan’s Link To Ikoyi Billions

Posted on by The Elites

Ex-President Goodluck Jonathan’s name once again came up on Saturday during investigations into the seized N13bn ($43.4m, N23m and £27,000) by the Economic and Financial Crimes Commission at the Osborne Towers, Ikoyi, Lagos.

Governor Nyesom Wike of Rivers State and the National Intelligence Agency had claimed ownership of the money which was recovered on Thursday.

A source familiar with the case told one of our correspondents that documents belonging to the Goodluck/Sambo Presidential Campaign Organisation were recovered from the scene.

The organization was responsible for the failed re-election campaign of  Jonathan and his deputy, Namadi Sambo.

A former National Chairman of the Peoples Democratic Party, Dr. Ahmadu Ali, was the Director General of the organization.

But a source familiar with the case told one of our correspondents on condition of anonymity on Saturday that the huge sum was not the only item recovered from the seventh floor of the building.

The source said, “The huge sum of money was not the only thing recovered from that building, although that is what has remained in public domain since that EFCC operation.

READ: Nigerians differ over recovered $43m, £27,000, N23m during house raid by EFCC

“I can confirm to you that some documents and campaign materials belonging to the Goodluck/Sambo Presidential Campaign Organisation were also recovered alongside that money. This is being investigated.

“A Ghana-must-go bag full of those documents was taken from that building.”

When asked if anybody had been arrested or questioned as regards the documents, the source said he was not aware of any such development.

The Nigerian Presidency As A Foster Parent of Crimes, By Pius Adesanmi

Posted on by The Elites

Those who are confounded or surprised that the stash of cash found in Ikoyi – we have at least, hopefully, gone beyond the point of denying that cash was found – is now gradually snaking its way from the realms of crime and corruption to the less seedy atmosphere of a legitimate stash owned by the National Intelligence Agency have not been paying attention to the history of the Nigerian presidency.

Once that cover of legitimacy and purpose is given to the stash, a certain mission is accomplished and I will return to that mission presently. All that is left is a little bit more of national whining – NIA was a bit careless in handling her money, EFCC as usual was not up to par, and the Lagos State Government tori Olorun! You don’t know who owns properties and flats within the properties. No records? No taxes? Even Oba Ado, who ruled Lagos from 1630 – 1669 as the first Oba of Lagos, kept better records. But, thank God sha, the money is legit. No crime was really committed. Just incompetence by NIA, EFCC, Lagos State Government, etc.

Those who are surprised that things appear to be moving along these lines ignore the long history of the Nigerian state – embodied by the Presidency – in serving as the foster parent of high crimes committed by Nigerians who operate above the state, above the constitution, above all mechanisms and apparatuses of the Nigerian state- Generals, powerful political dynasties, powerful economic dynasties, old money, etc. Once in a while, some new money is allowed into this hallowed circle of the owners of Nigeria. Some very powerful prosperity Pentecostal mega-Pastors are also members of the club.

There is no high stakes, global-level crime in Nigeria that occurs beyond the orbit of this powerful confederacy of illicit interests. Yet, they must not be touched for they are sacred cows. A Nigerian president serves at their pleasure, holds the Presidency in trust for them.

It is in this sense that the Nigerian state has repeatedly had to serve as a foster parent of high stakes crimes for much of our post-colonial history, providing cover, providing rationalization, providing a coherent narrative for such crimes, and, where necessary, providing prosecutable fall guys who face heavily mediatized trials.

Forget the Ikoyi billions for a while and come down memory lane with me. Nothing much. Just recent memory.

In 2004, Nigeria recorded another first in her long history of high stakes criminality when two mega oil tankers, MT African Pride and MT Jimoh, vanished into thin air after having been arrested for oil bunkering by the Nigerian authorities. Yes, two oil tankers, containing millions of barrels of crude oil, just simply vanished in broad daylight from Nigerian custody.

The international embarrassment was great for Nigeria. How can two mega oil tankers just vanish? Eventually sha, they found MT Jimoh. Eventually sha, some naval officers (fall guys) faced a court martial and were dismissed from the Navy.

Had my five-year-old daughter followed this story, even she would have understood that the crime we are talking about was way beyond the pay grade of the naval officers arrested and convicted by the Nigerian state. She would have understood that the Nigerian state – the Presidency – became the foster parent of that crime to protect very powerful people – the sacred cows in the confederacy of illicit interests. The Nigerian state provided a cover, a coherent narrative for an extensive crime. Some naval officers were arrested, tried, and jailed.

End. Of. Story.

Siemens and Halliburton are other examples of high stakes crimes in the foster care of the Nigerian presidency. All the individuals involved are Generals and old money – members plenipotentiary of the confederacy of illicit interests in charge of Nigeria, hence their crimes must be owned and given cover by the Nigerian Presidency.

Malabu, the latest entrant into the firmament of high stakes crimes, boasts Don Fortunato as protagonist, just as Siemens and Halliburton boasted Obasanjo, Abdulsalam Abubakar, and other Generals as protagonists.

There were threats of trials and rumbles of prosecution for Siemens and Halliburton but only the unweary did not know that the Nigerian Presidency was on its way to adopting the two crimes into its foster care. There are threats of trials and rumbles of prosecution for Malabu but Don Fortunato is also a member of the family – the confederacy of illicit interests. In time, Malabu will disappear into the archives of crimes owned by the Nigerian state to protect individuals.

A jet was caught ferrying illicit cash to South Africa. The narrative involved a jet owned or leased by Pastor Ayo Oritsejafor, de facto Pastor-General of the Federation and spiritual leader of the Nigerian President at the time. The Nigerian state moved in to own that crime as its foster parent.

Even more intriguing and less known to the public was the high-level involvement of the Nigerian state in protecting Pastor T.B. Joshua by literally owning and foster parenting his crime.

Pastor T.B. Joshua violated extant building codes in Lagos state, his building collapsed, making him criminally responsible for the deaths of hundreds of people, especially South Africans. The South African state went into shock. It was the largest loss of South African lives outside of South Africa in their history.

Anger gave way to a determination by the South African state to go after T.B. Joshua. First, the South African media wanted to send investigation teams to Lagos. Suddenly and somehow, South African journalists couldn’t obtain visas to Nigeria. Abuja had given the message to its mission in South Africa: we don’t want SA journalists to come and disturb Pastor.

Then came high-media public visits by President Jonathan and Governor Raji Fashola to T.B. Joshua. Nigerians saw condolence visits on TV but that was not what was going on. What was going on was a clear message to the South Africans: we got this one. We got the Pastor’s back. He is one of ours. Back off!

Till date, T.B. Joshua has never answered for his crime. The Government of Lagos state made some noise about building codes and there were rumours and rumbles of trial and prosecution before that episode settled into the archives of crimes owned by the Nigerian state as a foster parent.

Enter the Ikoyi billions and the same pattern is emerging. I am writing this piece so that President Buhari will not be deceived by his supporters and praise singers that any Nigerian is prepared to buy the silly story that the Ikoyi billions belong to NIA. I would not even insult my five-year-old daughter with such a stupid narrative. This is a familiar pattern by which yet another high-stakes crime will be owned and normalized by the Nigerian state.

It would be a shame if President Buhari allowed this to happen on his watch. It would be yet another nail in the coffin of his mortally wounded anti-corruption war, another tear in the tattered rags of change. My own suspicion is that the Ikoyi funds are owned by individuals and interests spanning PDP and APC, Christians and Muslims, and a multiplicity of ethnicities.

For when members of the confederacy of illicit interests who own Nigeria commit crimes at this level, they go by a scrupulous respect for Federal character as we witnessed in the spread of Dasuki’s largesse.

Among them, there is no APC, no PDP, no Christians, no Muslims, no Hausa, Yoruba, and Igbo. Only a national cake on the table. What you find at the top is Otunba Jibiti and Mazi Efulefu having a handshake in a ceremony presided over by Alhaji Barawo Banza. It is only among their mostly diseducated followers that you find such divisions.

The only reason that the identities of the owners of the Ikoyi billions cannot be revealed and an institution of the Nigerian state – NIA – must be given marching orders to own the crime is that there is unity of purpose in the confederacy of illicit interests. They are always wiser than their followers.

The long search continues for the President who will discontinue the role of the Nigerian Presidency as a foster parent of crimes.

Why Government Loses Corruption Cases, By Femi Falana

Posted on by The Elites

(Being the keynote address delivered by Femi Falana SAN at the Training of Trainer Programme under the auspices of the United Nations Development Programme (UNDP) and Human and Environmental Development Agenda (HEDA) held at Lagos from 12-14 April, 2017)
Introduction
As a result of the loss of corruption cases last week many Civil Society Organizations (CSOs) appear to agree with the Federal Government that corruption is fighting back. However, before engaging in escapism by accusing the judiciary of compromise it is pertinent to examine the facts and circumstances of the loss of such cases. In sharing my findings with the representatives of the CSOs gathered here I shall predict that the federal government stands to lose more corruption cases unless the authorities are prepared to reorganize the anti-graft agencies and review the anti-corruption policy in line with the proposals designed by the Presidential Advisory Committee Against Corruption (PACAC) on the prosecution of politically exposed persons.
Concern over loss of prosecution cases
Following a string of court rulings against high profile corruption cases last week, the Socio-Economic Rights & Accountability Project (SERAP) has called on President Buhari to “adopt a revolutionary approach to his government’s fight against corruption by referring high-level official corruption cases to the International Criminal Court for investigation and possible prosecution”. It may interest SERAP to know that I actually submitted a petition to the office of the Special Prosecutor of the International Criminal Court in October 2015 on the same subject matter. My petition had alleged the commission of crime against humanity by military officers and other police officers who engaged in the criminal diversion of $15 billion earmarked for the procurement of arms and ammunition which led to the brutal killing of over 25,000 people and the displacement of two million people by the Boko Haram sect. Even though the petition is said to be receiving attention I have been reliably informed by a top official of the ICC that the Rome Statute does not cover large scale corruption.
Former President Olusegun Obasanjo has equally expressed concern over the loss of corruption cases by the Federal government. While blaming the development on lack of proper investigation and poor prosecution Chief Obasanjo has asked the government to rely on “ogbologbo lawyers” and stop the practice of farming out corruption cases to external lawyers. With profound respect, the “ogbologbo lawyers” that President Obasanjo has in mind are no longer easy to come in the public service. Hence, under the Obasanjo administration both the ICPC and EFCC led by the Honourable Justice Mustapha Akanbi (rtd) and Mallam Nuhu Ribadu respectively, engaged the services of external lawyers in the prosecution of many high profile cases. In fact, Mr. Rotimi Jacobs SAN, an external lawyer, has successfully prosecuted more corruption cases than any lawyer in the country.
Having reviewed the circumstances under which the corruption cases were lost by the federal government I can say, without any fear of contradiction, that there is no basis for blaming the judiciary. It is also not a case of corruption fighting back. Or if corruption is truly fighting back it is from the government. From the information at my disposal, the cases were lost due to official negligence and lack of inter agency cooperation on the part of the federal ministry of justice, the anti graft agencies and the State Security Service. In order to appreciate the basis of my submission it is pertinent to review the facts of the cases which were lost last week.
1.FRN v MIKE OZEKHOME
In the course of investigating the criminal diversion of the sum of $2.1 billion from the office of NSA the EFCC claimed that it had traced N2.3 billion to Mr. Ayo Fayose, the governor of Ekiti state. On the basis of the finding the EFCC applied for and obtained an order ex parte from Idris J. of the Lagos judicial division of the federal high court to freeze the accounts of Mr. Fayose’s account at the Zenith bank. But the application to vacate the order filed before the Ado Ekiti judicial division of the court was granted by Taiwo J. The EFCC promptly appealed against the order.
However, further investigation revealed that N75 million was paid as legal fee to Mr. Mike Ozekhome, the counsel to Mr. Fayose. At that juncture, the EFCC applied for and obtained an order ex parte to freeze Chief Ozekhome’s account from Anka J. of the Federal High Court sitting in Lagos. The senior counsel applied to set aside the order. In setting aside the ex parte and unfreezing Chief Ozekhome’s account Anka J. held that he could not sit as an appellate court over Taiwo J. who had order that Mr. Fayose’s account be unfrozen. The EFCC has filed an appeal against the order. All hope is not lost as the EFCC has appealed to the Court of Appeal to set aside the order of Taiwo which unfroze the account of Governor Ayo Fayose.
2.FRN V ORUBEBE
The Defendant was charged with criminal diversion of N1.9 billion from the money earmarked for the construction of the east-west road. The ICPC was prosecuting the case. But at the resumed hearing of the matter last week the Honourable Attorney-General of the Federation filed a nolle prosequi seeking to withdraw the case pursuant to his powers under section 174 of the Constitution. Consequently, the case was struck out while the defendants were discharged. Once the case was discontinued by the Prosecution based on the instruction of the Attorney-General the trial judge had no choice but to strike it out.
3.FRN v MRS. PATIENCE JONATHAN
The EFCC traced the sum of $5.9 million to the account of the respondent. Convinced that the fund was a proceed of crime the EFCC applied for an order freezing the account. The respondent filed an application to unfreeze the account. As no counter-affidavit was filed challenging the application it was granted by Olatoregun J. last week. Instead of pursuing an appeal the EFCC may wish to consider all available options in the circumstance. In particular, an application may be made before the same court praying that the order be set aside based on cogent reasons.
4.FRN v JUSTICE ADENIYI ADEMOLA & 2 ORS.
Following the raid on the homes of seven judges last year the defendants were arraigned in court on an 18-count charge. When the prosecution closed its case the defendants filed a no case submission. In a marathon ruling delivered last week the learned trial judge, Okeke J. upheld the no case submission struck out the case and discharged the defendants. With respect, the learned trial judge ought not to have considered the merit of the case and the credibility of witnesses in the ruling. Having regard to the facts and circumstances of the case coupled with relevant decided authorities on no case submission I am of the strong view that the government has an arguable appeal.
I suggest that the appeal already filed against the ruling of the learned trial judge by the government should be pursued with vigour. My belief in the possibility of the success of the appeal is anchored on the cases of Olawale Ajiboye v The State (1995) 8 NWLR (PT 414) 408 wherein the Supreme Court had this to say:
“It must be recognized that at the stage of a no case submission, the trial of the case is not yet concluded. At that stage, therefore, the court should not concern itself with the credibility of witnesses or the weight to their evidence even if they are accomplices. The court should also at this stage be brief in its ruling at too much might be said which at the end of the case might fetter the court’s discretion. The court should again at this stage make no observation on the facts. (See for example R. v. Ekanem (1950) 13 WACA 108, Chief Odofin Bello v. The State (1967) NMLR 1, R v. Coker & Ors. 20 NLR 62.”
Limited capacity of anti graft agencies
On a dispassionate consideration of the afore-mentioned cases it is my submission that the courts cannot be blamed for the official negligence as well as lack of inter agency collaboration and coordination of the investigation and prosecution of corruption cases by the federal government. On some occasions, the State Security Service has refused to produce accused persons in court without any reason whatsoever. The development has led to unnecessary delay in the prosecution of very serious corruption cases. It is obvious that the federal government wants to eat omelet without breaking eggs. It won’t work. Was it not because the accused persons had put together teams of senior and experienced lawyers that the federal government decided to set up of a national prosecution agency? But as no fund was made available to the agency corruption cases have not been assigned to the members of the agency. With the virtual collapse of the agency the anti graft agencies have been left on their own.
No doubt, the lawyers of the anti graft agencies are largely industrious and committed to the fight against corruption. With a few investigators and persecutors working under a hostile environment the EFCC has almost performed miracles! In other words, the investigators and prosecutors are hampered by lack of experience and exposure. They are also overstretched and overwhelmed. In spite of such shortcomings, the efcc has secured not less than 200 convictions in the last one year. In fact, some of the convicts are politically exposed persons including an ex-MD of NIMASA, an ex governor, 4 former chairmen of local government councils and some fuel subsidy importers. Funds and properties worth hundreds of millions of dollars and billions of Naira have been seized and forfeited to the federal government on the orders of the federal high court.
As I did advocate in another forum last year, the military officers who diverted billions of dollars and naira earmarked for procurement of arms and armament should be charged before courts martial “for the serious offences of aiding the enemy, mutiny by impeding or sabotaging the counter insurgency operations and stealing of public funds in contravention of sections 45, 52 and 66 of the Armed Forces Act. The proposed trial before such military courts will meet the justice of the case and the expectations of the public. More so, that the Rules of Procedure applicable in courts-martial have no room for frivolous adjournments, motions for bail, interlocutory appeals and preliminary objections.” With the handling of cases of indicted military officers by experienced military police investigators and prosecutors before courts-martial the lawyers serving in the anti graft agencies will have more time to concentrate on other cases.
Illegal opposition to bail applications by anti graft agencies
One of the reasons why I have never prosecuted for the anti-graft agencies is the lackadaisical attitude of the government to the prosecution of corruption cases. I also cannot support the media trial of criminal suspects and the official policy of opposing the bail applications of criminal suspects. In Ameh Ebute V State (1994) 8 NWLR (Pt 360) 66 it was held that a suspect himself to the Police voluntarily is entitled to bail. In Ibori v. FRN (2009) 3 NWLR (pt 1127) 96 the Court of Appeal held that a person accused of economic crime is entitled to bail. Both decisions are binding on all authorities and persons including all trial courts and prosecutors.
Yet, the anti-graft agencies direct lawyers to oppose all applications for bail filed by suspects who might even have been granted administrative bail by them. Why should a serious lawyer go to court to ask a judge to lock up a suspect who has been granted bail and has never interfered with investigation or attempted to jump bail? Instead of saving precious time and resources by asking for hearing dates, prosecution counsel prefer to file copious counter-affidavits and written addresses in opposition to bail applications of accused persons.
Since bail has become automatic in the country let the anti graft agencies stop opposing bail application filed by suspects unless there are genuine grounds for filing objections. Bail should not be opposed as an official policy of a responsible government. The government should stop playing into the hands of some persons accused of criminal diversion of public funds by refusing to comply with the orders of courts admitting them to bail. For some inexplicable reasons, the government has refused to comply with the orders of the ECOWAS Court, the FCT High Court and the federal high court to the effect that former National Security Adviser, Col Sambo Dasuki (rtd) be admitted to bail. In a similar situation, the federal high court did not allow the government to arraign Commodore Umar Mohammed (rtd) until the order admitting him to bail was complied with.
The Buhari administration has directed the anti-graft agencies to ensure that corruption cases are not lost again. It is doubtful if the federal government is aware of the limited capacity of the anti graft agencies. For instance, the ICPC receives an average of 100 petitions daily. The EFCC receives many more petitions from members of the public. Yet, the current EFCC leadership inherited a staff strength of 2,173. Even with the plan to engage 750 more staff the EFCC will still have less than 3000 staff. The implication is that with such a few investigators and prosecutors the success rate of the agency is bound to be extremely limited.
While the concern of President Buhari is appreciated it ought to be pointed out that without adequate funding of the anti graft agencies and motivation of investigators and prosecutors many more corruption cases are going to be lost to accused persons who have access to well prepared and well paid team of lawyers. The British government spent millions of pounds on the investigation and prosecution of a former governor in Nigeria. If the government is genuinely desirous to win corruption cases it should be prepared to invest in the anti-graft agencies. The British government was reported to have spent about £20 million pounds on the investigation and prosecution of a former governor in Nigeria. As a matter of urgency, the government should immediately set aside part of the recovered loot to fund the investigation and prosecution of corruption cases.
Autonomy of anti graft agencies
It was recently reported that the EFCC had submitted a report of the investigation of the criminal diversion of N19 billion from the London/Paris Club loan refund by some governors. Other reports of serious economic crimes have also been submitted to the Presidency by the EFCC. It is my submission that the practice of submitting reports of investigation of economic to the Presidency or any other authority should stop as it is not provided for under the EFCC Act. It is not even in the interest of the presidency as it may give the impression that the anti graft agencies are being used to settle political scores. In order to discharge their statutory functions effectively the anti graft agencies should be freed from executive control and interference.
It has been observed that the majority of the board members of the anti graft agencies are appointed from some ministries and departments of the federal government. It is my humble opinion that the constitution of the boards makes them susceptible to government influence and control. It is therefore suggested that the boards should be composed of nominees of credible civil society organizations like the Nigerian Bar Association, International Federation of Women’s Lawyers (Nigerian Chapter), Nigerian Union of Journalists, Nigeria Labour Congress, the Nigeria Police, Institute of Chartered Accountants, Federal Executive Council and representatives of private anti corruption organizations.
It is not in doubt that there are adequate opportunities within the system to expose and shame corrupt people. It is noteworthy that a few CSOs are taking advantage of the openings in the system to expose corruption. For instance, SERAP has obtained a court order to compel the federal government to disclose the recovery of looted wealth and assets recovered since May 1999. Similarly, LEPAD has obtained a court order to compel the National Assembly to disclose the salaries and allowances of all federal legislators. A few other CSOs have secured court orders to compel the disclosure of information on contract sums in respect of certain projects. Since the commitment of the federal government to the anti corruption policy cannot be taken for granted CSOs owe it a duty to mobilize the Nigerian people take over the fight against corruption and own it.
Recovery of looted wealth
In a letter addressed to the Minister of finance, Mrs. Kemi Adeosun in March 2016, I pleaded with the federal government to recover about $100 billon withheld from the federation account or stolen from the public treasury by local and foreign economic saboteurs. In the letter I sent out the details of the recoverable funds. In particular, I asked that the sum of $30 billion withheld by the Nigerian National Petroleum Corporation (NNPC) be recovered and paid into the federation account. Apart from acknowledging the receipt of the letter the government has not acceded to my request. However, in the 2016 annual report presented last week at Abuja the National Extractive Industry Transparency Initiative (NEITI) revealed that the NNPC and NPDC** have withheld the sum of $21.7 and N316 billion from the federation account.
On that occasion, the NEITI Executive Secretary, Mr. Waziri Adio, recommended to the federal government to recover the amount due and channel it to stimulate the economy. To ensure that the report is not treated with disdain by the federal government I am compelled to call on the Attorney-General of the Federation to initiate legal proceedings for the recovery of the fund pursuant to section 3 (f) of the NEITI Act, 2007 which imposed a duty on the government to “monitor and ensure that all payments due to the Federal government from all extractive industry companies, including taxes, royalties, dividends, bonuses, penalties, levies and such like, are duly made.”
On the eve of an anti corruption summit in London last year, the then British Prime Minister, Mr. David Cameron described Nigeria as a “fantastically corrupt” country. President Buhari reacted by requesting the British Government to return the country’s wealth which has been looted and kept in the United Kingdom. Mr. Cameron has since left office without taking up President’s Buhari’s challenge. In the same vein, the immediate past President of the United States, Mr. Barack Obama never fulfilled his promise to assist Nigeria in the recovery of her looted wealth. As the beneficiaries of grand corruption will not assist the victims the federal government should set up a team of lawyers to pursue to recovery of the looted wealth warehoused by Western countries and the United Arab Emirates.
Instead of embarking on the aggressive recovery of the looted wealth of the nation and the huge fund withheld from the federation account the federal government has opted to mortgage the destiny of the nation by taking jumbo loans from China, World Bank and African Development Bank for infrastructural development. It has also been reported that talks have reached advanced stage in the negotiations for a loan of $1.4 billion from the International Monetary Bank with dangerous conditionalities including the further devaluation of the beleaguered national currency. The CSOs should mount a vigorous campaign against the pauperization of our people through indiscriminate external indebtedness.
Immunity for corrupt public officials?
President Buhari has said that corruption is fighting back. This is not unexpected given the enormous resources in the soiled hands of the politically exposed persons who have been investigated or charged to court by the Economic and Financial Crimes Commission and the Independent and Corrupt Practices and Other Offences Commission. However, the federal government too has joined the forces of corruption by frustrating the anti graft agencies from prosecuting indicted public officers. Even though the government has repeatedly assured the Nigerian people that there are sacred cows in the fight against corruption the Presidency has casually dismissed serious allegations of corruption and abuse of office by certain public officers.
When a serving minister was implicated in the report of the procurement of arms and ammunition the federal government claimed that the probe panel had not concluded its assignment. Was the panel not disbanded thereafter? When a top army officer was accused of buying properties beyond his legitimate income did the Code of conduct Bureau not absolve him without conducting any investigation? When the Senate indicted the Secretary to the federal government, Mr. Babachir David Lawal over his involvement in the criminal diversion of about N200 million set aside to cut grass in the camps occupied by internally displaced persons in the north east region did the federal government not say that he was not given fair hearing!
Over six months ago, seven judges were arrested after the raid of their official quarters by operatives of the State Security Service. Only two of the judges have been charged to court even though the nation was informed by the State Security Service that the government had water tight evidence of corruption against them. If there is no evidence to back up the allegations of corruption against the judges why have they not been cleared and allowed to resume duties? Meanwhile, the judge who was alleged to have kept a bribe $2 million in his official residence has not been subjected to any interrogation. Even though his arrest was botched by the governor who was alleged to have given the bribe why has the judge not been questioned?
It was announced last year that the National Judicial Council has dismissed a judge of the high court of Kano state for allegedly receiving a bribe of N197 million from a litigant and retired a Justice of the Court of Appeal for demanding a bribe of N200 million in an election petition. Why have both of them not been arraigned in court by the Attorney-General of the Federation? It is public knowledge that two Senior Advocates of Nigeria are currently standing trial in the Lagos high court for allegedly bribing four judges including a Justice of the Court of Appeal. Why has the EFCC refused to charge the indicted judges to court for receiving bribe from both lawyers? I hope it is not true that the indicted judges are not going to be charged to court on ground of primordial considerations!
Conclusion
In x-raying the loss of corruption cases by of the anti-graft agencies it has to be realized that the ruling class did not enact anti corruption laws out of its own volition but due to pressure from the victims of economic and financial crimes and the FATF** which had blacklisted the country. Because of the credibility of the EFCC under Mallam Nuhu Ribadu, a number of funding agencies in Western countries contributed to the training of the agency’s investigators and prosecutors. Unfortunately, the EFCC lost its trained and committed personnel when it was taken over by powerful criminal suspects in connivance with a former Attorney-General of the Federation. Under the pretext of fighting corruption in line with the rule of law they castrated the EFCC. It is going to take some time to rebuild the commission because the damage is enormous.
Finally, realising that there are powerful forces in the public service who are currently profiting maximally from corrupt practices the government cannot be fully relied upon in the fight against the menace of corruption. However, CSOs can take advantage of the political will of the nation’s leadership to push for radical reforms in the fight against corruption. But in order to promote public accountability CSOs should link up with the labour movement and other popular forces. It is only when that has been done that the Nigerian people can frustrate the agenda of the government to shield corrupt members of the ruling class from prosecution. The mobilization cannot afford to wait!
11

The Much Ado About Saraki, By Omoniyi Idowu

Posted on by The Elites
Saraki
Saraki

It is a shame that a party that enjoyed popular votes in the last elections is, like a snake, determined to destroy itself from the inside. And then it is true the saying that when two elephants fight, the green grass suffers.

Unfortunately in our own case, our grass is not green. It’s now a popular opinion everywhere that the only opposition party in Nigeria is APC. Funny? No, it’s not.

Have you seen this gibberish recently?

The Senate President Bukola Saraki will be visiting Houston Texas on May 4th, 2017 on an official visit. On Friday May 5th and Saturday May 6th he will be present at a Town Hall event at Crown Plaza Suites Hotel, 9090 Southwest Freeway, Houston. Let us Nigerians in Houston show him our displeasure with his actions along with those of his colleagues in the National Assembly by protesting his presence.  We cannot allow these rogues the pleasure of a peaceful visit to the USA while they leave our fellow Nigerians languishing in misery back home!

PLEASE PASS THIS AROUND TO ALL NIGERIAN HOUSTONIANS! ENOUGH IS ENOUGH!!

As Received.

Yes, it is absolute baloney and an insult on our collective entity as a people.

Some disgruntled few, who are not even up to 2% of the total Nigerian population are hell bent on destroying Nigeria under the guise of fighting a corrupt Senate President!

Let’s analyse the above paid article camouflaged as an innocent opinion.

The information being circulated is vague. The originator forgot to inform us what really the Senate President is going to do in Houston.

For it to state the dates and time he’s visiting, without stating his primary assignments for such visit, is nothing but an intentional attempt to mislead innocent Nigerians and whip up unnecessary sentiments!

The statement was also not even signed to mask the identities of the sponsors. They would rather go anonymous from the onset with ‘As Received’.

Nobody is contesting that our leaders are corrupt, but we need to respect the institutions the legislators represent.

The good deeds of the Red Chambers didn’t generate noise because most of them are focused on working silently rather than political photo ops.

If we don’t remember anything, the controversial 2016 budget padding was made known by them! And even the President Muhammadu Buhari accepted that there were lots of foreign insertions in them!

Why is Saraki going to the U.S.? It is true that Sen. Olubukola Saraki is going to Houston based on invitation.

It is also true that he’s to spend the number of days as carried in the statement above.

But what is not true is that he’s going on jamboree, but in the interest of Nigerians living in the United States. Besides, he is also yet to consent to going or not. See where these paid irritants goofed?

Saraki was invited based on the bill he supported allowing Nigerians in diaspora to be part of elections in Nigeria.

It’s has been the aspirations of many Nigerians abroad to get involved in the activities of their governments and the Senate President has been pursuing the realisation of this dream from day one that he assumed office.

Let’s ask ourselves, if a three day invitation warrants protests and embarrassing the number 3 citizen of the country, then what would we suggest the Nigerians in the UK should have done when President Buhari went on an indefinite medical vacation there?

Nigerians have been used in the past to protest against its government to achieve some political aims of the few political elite, let us say enough is enough for any instigation against our leaders.

Let’s ask the real questions of what is really the relevance of such protest to the future of our children and the generations unborn

If they say the Senate is corrupt, and there is need to protest, what should we say of the executive?

Let’s not throw away the baby with the bath water by allowing some few disgruntled elements, who want to pull down Saraki at all costs without respect to his office, at the detriment of the whole nation, dictate for us. Shall we even ask what are Saraki’s sins or has there been anywhere he was convicted of any malfeasance? We are just quick to judgment even when we are as guilty too.

We should protest, but not at the dictates of a few political vultures hiding behind concerned citizenry.

Let’s always ask questions; let us ask the right and relevant questions. We are not zombies that someone can maneuver at his whims, please. Enough of this orchestrated madness!

Reuben Abati Does Not Like Mangoes, He Prefers Water Melons, By Pius Adesanmi

Posted on by The Elites

When Reuben Abati got pregnant after a year in the villa, a photo of him went viral. I believe he was in buba and sokoto and he looked like he was in the third trimester of his pregnancy. The size of his belly was the subject of national discourse for weeks.

I put up an update here to speculate on his possible delivery date. I wanted to know if he was expecting a boy or a girl.

Abati’s belly was fair game because he put it out there for visual contemplation.

If a girl puts her boobs on display on national and international TV, I can’t exactly say that I blame Abati for his comments.

However, I do have one issue with Abati. Now we know that he does not like mangoes. Going by his analysis, he prefers water melons. He is currently on trial for getting N50 million from Dasuki’s largesse.

Did he spend money meant to fight terrorism on water melons?

Celebrating Aliko Dangote, The African Industrializer At 60

Posted on by The Elites

Alhaji Aliko Dangote, GCON turns 60 today, born on 10 April 1957. It is an open knowledge he is a global billionaire, who owns the Dangote Group, which operates in Nigeria and other African countries, including Benin, Ethiopia, Senegal, Cameroon, Ghana, South Africa, Togo, Tanzania, and Zambia with estimated net worth of US$12.5 billion. As a tribute to the African Industrializer and investment patriot I hereby reproduce an article yours comradely wrote in praise of Alhaji Aliko after he commissioned the Ndola Cement plant at Ndola District of Zambia on the 2nd of August, 2015. The article published in this column entittled “ Reindustrializing Africa: In Praise of Aliko Dangote. Happy birthday to the African Industrializer still standing! Happy reading;

“As if “labour” and “capital” are mutually exclusive factors of production, and non-complimentary, some of my media/business-compatriots blushed on sighting yours comradely on a chartered Arik air flight as a member of Nigerian delegation to Ndola District of Zambia on the 2nd of August, 2015. Many thanks to the Chairman, Dangote Cement, Alhaji Aliko Dangote (a worthy “labouring Capitalist”!) who had humbly invited a comrade to the historic commissioning of the $420 million 1.5 million metric tonnes per annum cement plant and 35 megawatts of coal-fired plant plants in Ndola District of Zambia. I bear witness to a Pan African investor courageously re-Industrializing Africa. The legendary African development historian Walter Rodney would have been excited about “How An African is Developing Africa”, through industrialization a radical departure from “How Europe Underdeveloped” the continent through slavery and colonialism (in-that-order). Ndola plant is the group’s sixth integrated cement plant commissioned outside Nigeria. Dangote had announced plans by the group to create 16 cement plants across Africa to produce at least 80 million tons of cement and address the infrastructure needs of the continent. Half of these plants for transforming limestones into cement production are in Nigeria underscoring the fact that for Aliko, investment charity begins at home as well.His Excellency, Mr Edgar Lungu, President of Republic of Zambia saluted the courage of Dangote Group for its courage to invest in his country and for being the most diversified African investor. In two months’ time, (precisely November 20th!) Africa marks Africa Industrialization Day (AID). Africa Industrialization Day is celebrated on November 20 each year. It is a day dedicated by governments and other organizations in many African countries to examine ways to stimulate Africa’s industrialization process. It is also an occasion to draw worldwide media attention to the problems and challenges of industrialization in Africa. Where African governments endlessly launch “policy documents”, “visioning” and volumes of “plans” about diversification, and globe trotting for aid and credit, it was remarkable that Aliko Dangote group almost turns every day to Industrialization Day in words and practical actions through opening of scores of plants that are adding value to Africa’s raw materials. Undoubtedly the richest man in the continent, but what increasingly marks Aliko out is his commitment to value addition and beneficiation to the abundant raw materials in the continent and creation of much needed mass employment for African workers. Dangote Group of industries is changing the narrative of the continent from that of ‘resource curse’ and corruption to resource beneficiation, value addition and mass employment through industrialisation. African labour movement is excited about the bold corporate decision of the Dangote Group to open new plants in Cameroon, South Africa, Zambia and Congo, Ethiopia and Tanzania. We are certainly witnessing a new pan African investment which the founding fathers of Africa envisioned but was wrongly abandoned for the discredited IMF/ World Bank’s inspired adjustment that in a decade of the 80s de-industrialized and returned the continent the colonial consumers of imported (read; sumuggled) goods and exporters of raw materials. The point cannot be overstated; the future of Africa lies in Industrialization which means the process of transforming raw materials, with the aid of labour and capital goods, into consumer goods and capital new capital goods. Industrialization delineates between growth and development of nations. The advantages of industrialization include, creation of sustainable mass decent jobs, lessening of dependency on imports, thus saving scarce foreign exchange and enhanced government revenue through company taxes.

Nigeria’s Vice President Yemi Osinbajo commendably led the Nigerian delegation to the Ndola cement project commissioning. While the Vice President identified “one of the key challenges to rapid growth” in Africa as “extreme poverty”; Aliko sees opportunity for investment, wealth generation and corporate social responsibility that promises some $500,000 support for the host Ndola community development for schools, hospitals, and scholarships. In addition, Dangote group promised to inaugurate 400 trucks to be used in transporting the cement that will be produced in Ndola with multiplier effect of some thousands of decent jobs for Africans. President Lungu who commisioned the plant stressed the importance of industrialized Africa when he revealed that 7,000 jobs, “of which 1,000 will be direct”, would be created when the plant becomes fully operational. The President also directed Masaiti District Council to reserve more land to create an industrial cluster with the opening of the cement-manufacturing plant. President Lungu noted that for years, Zambians have been subjected to high monopolistic pricing structure for cement but was glad that since Dangote came on the market, the prices of the product had been dropping adding the principles of the Patriotic Front (PF) Government are to achieve pro-poor inclusive growth aimed at creating real wealth and jobs for the people. Rob Davis, one time Minister of trade and industry of South Africa in 2013 commendably observed that ; “We ( read; Africans) can’t be any longer just participating in global value chains as producers and exporters of primary products and importers of finished products”- Aliko Dangote is commendably turning African limestones into cement. What is good for limestones, is good for oil and gas, cotton, gold, diamonds, that Africa has in abundance”.

This Kemi Olunloyo Story Is Heartbreaking, By Akin Adeoya

Posted on by The Elites

This Kemi Olunloyo story is heartbreaking. The spineless and helpless response by the journalist community is even more heart rending. Yorubas say you don’t feed a bad child to a hungry lion. The fact is that the evil pastor doing this is not doing it simply because KOO is a bad journalist, or blogger if you like. It is a naked and unchallenged exercise of power which he will one day visit on other “good” journalists even when the story is genuinely investigated as long as it stains his “saintly robe”. People of power in Nigeria: Robbers, Politicians, Pastors, Child molesters and Drug barons who have detained the powers of state in their babanrigas because they are able to influence the apparatus of justice with the instrumentality of cash and evil influence, are observing what is going on and how easy it is to oppress, detain, punish or even kill a journalist while other journalists are busy debating the morality or professionalism of their colleague’s work. The evil
Empire that will deal ruthlessly with the media in the years to come, which is only showing its fangs now, testing the waters, is not swayed by your moralizing or your professional ethics or whether practitioners are adhering to it or not. They are only interested in their selfish personal interest. Our first duty therefore, should be to establish the fact that not one aberrant child of this kingdom will be allowed to be subjected to punishment and humiliation without a loud response from the kingdom. If that becomes the norm, the powerful will
Become careful before they begin to exploit the illegally acquired powers of state to deal with journalists. While it is important to discuss the issue of professionalism, you don’t do that when your colleagues are facing the assault. The other kingdom is creating obnoxious laws and setting precedents that will
Make the proper practice of journalism a hell in the years to come, while we, instead of organizing to oppose, to defend, are debating our friends’ professionalism. Before KOO, though in different circumstances, we have had totally unnecessary detentions of good or bad(choose) journalists/bloggers. There was Chris, there was Seun and many others. Many have gone unreported. Everybody moralizes. Many of our colleagues even argue that they(while been detained o) deserve to be punished for bending the rules. How come powerful
People have turned libel into murder, into a crime that allows law enforcement to arrest and detain, in effect, exacting a great punishment for a “crime” yet to be proven? Does that happen in a ANY civilized country? So now that we have decided to allow our adversaries to help us punish the “aberrant” among us, who is safe? One day, should FAJ or Bob Dee write a revealing story against the government or an individual, they will come after them and subject them to the same humiliation, despite the veracity of such reports(because, trust me, those guys are not interested in all that as long as you hurt their interests). Don’t laugh. They are currently testing the waters, they are perfecting the laws. They are tightening the screws. They got our balls, please allow that, in their palms, or they soon will, so when the day of judgement comes, the innuendos, the jokes, the arguments, the moralisms will end and we will
Know that we are in trouble.
I think many of our colleagues take the rather cavalier or unserious attitude they adopt to matters affecting journalists because they fail to appreciate the role of the 4th estate. The media is special. The media has a specific and functional role in governance and the management of the society. It is not the job of a journalist to worry about the impact of exposure of evil committed by men of power. Media must be aggressive. They must take the gauntlet and expose evil. How do we manage the bad eggs?
Self regulation is it. It is important that the NUJ and the associated bodies address this matter and should be the ones with the power to deal with errant writers to the point of arresting and punishing journalists who stubbornly refuse to fall in line. I would have no problem if it was a body of journalists that is carrying out this internal cleaning instead of this outsourcing of that job to evil men of power.
Journalists, fight for your own. Defend them, know your enemies and do not compromise. Two wrongs do not, and Connor make a right. If a journalist makes an error it is wrong to exploit the law to destroy him and his professional confidence. Every writer has a role. Even the KOOs of this world. If she has met all her bail
Conditions how can she be re arrested? Is she planning a civil war? Let us Fight against the obnoxious laws that allow all these crazy detentions. Let us fight against laws that allow ordinary police to become the terror of journalists. It’s just annoying. If you joke about it today, it will be your turn, or your friends turn, or your child’s turn tomorrow.

Itse Sagay Stings Like A Bee, By Tatalo Alamu

Posted on by The Elites

What irks our elder brother and former teacher, Itse Sagay, so grievously these days? A day hardly passes without the former Law teacher releasing a fearsome bazooka at some luckless foes or enemies of the people. The fear in cowering circles is that the elegant and patrician looking Warri nobleman may unleash a grenade in what his bemused principal famously described as the other room one of these days thinking that the enemy is hiding under the duvet.

Not since the days of Gani Fawehinmi has Nigeria seen another feisty legal gladiator taking on all comers and crouching to deliver a lethal sucker punch. Gani took no hostages. No one was spared the sharp thrust of his nettling tongue, not even his Ondo kinsmen. It will be recalled that when Chief Alex Akinyele made some derogatory remarks about him, Gani came back like old Smoking Joe. “It shows the kind of fools Babangida would make minister”, he thundered. Exeunt the PR maharaja with his Ondo native multi-colored muffler in smoke.

With his permanent disobliging frown and moody brio, Sagay was a star Law lecturer at the then University of Ife and tantalisingly charismatic to boot. He went on to distinguish himself as an iconic professor and Dean of Law at the University of Benin crowning it all with a silk and distinguished practice. He has been able to combine all this with notable human rights advocacy as well as consistent progressive politics.

After decades of being spitefully ignored by evil governance in Nigeria, Sagay’s time finally came when President Buhari tapped him to chair the important PACAC. The Warri legal warrior immediately swung into action slaying legal fools after legal fools. No one could question his patriotic fervour even if you question the wisdom of committing his considerable political and social capital to the quixotic venture of seeking revolutionary justice in a non-revolutionary conjuncture.

Sagay’s legal carpet-bombing has brought him on a collision course with former students and colleagues alike who could not understand why he could not understand that the legal system could not be lifted clean off its material base and social provenance. In other words, the western legal system inherited by Nigerian can never be deployed as an instrument of fighting social oppression. It is actually there to protect entrenched privileges while throwing the occasional morsel of meat in the direction of radical whippersnappers.
Snooper hopes the chicken is not coming home to roost for his beloved former teacher. A phoney revolution can also consume its own children. After slamming the senate for daring to summon him, Sagay seemed to have drawn the considerable ire of the ranking grandees of the ruling APC who cautioned the legal titan not to make more enemies for his principal who is seeking an amicable resolution of the executive versus senate imbroglio from a position of weakness. Not to be outpointed by mealy-mouthed and meal-mouthing politicians, Sagay retorted with a withering dismissal of the APC echelons, harshly reminding them that he was not serving at their pleasure.

With the whole anti-corruption war suffering from deep structural flaws and lack of an integrative intellectual scaffolding, with the EFCC reeling from drastic reversals in the law court and with the presidency back heeling from frontal confrontation with the senate, Professor Itse Sagay may well be an endangered species. In a haunting premonition, the political compromise which he detests so much may see him quietly eased off or promoted to irrelevance.

That would be a national tragedy. Despite his choleric candour which rubs many the wrong way, despite his hectic hectoring which often comes close to psychological bullying, Sagay represents the best foot forward of the Buhari administration. Perhaps he should talk less and grant fewer interviews. That office requires an intellectual mystique and a protective aura which reassures everybody that justice is being done. The problem is that in old age, Sagay does not want to be seen as being used to rubberstamp or justify an elaborate chicanery, a ritual of deliberately aborted justice. Unfortunately his options are few and far between.