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Amaechi: Save Borikiri Residents

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I use this singular privilege to congratulate you on your meritorious service to the people of Rivers State. It is evident since your inception into office as governor of the State, the laudable developmental projects embarked upon by your administration. The security of lives and property in the state is commendable.

Your Excellency, it is a notorious fact that for over two years, the Harold Wilson – Police Road is blocked against road users between the hours of 6 pm to 6 am. Worse still, even pedestrians are stopped from using the road at some point of the night. I also share the experience at about 10. pm on a fateful day. It will be re-called that few years ago, specifically on the eve of the Christmas/New Year festivities; there was a shoot-out in the area which led to the death of some innocent citizens of the country. This ugly incident led to the building of walls at night by the Nigeria Police Force, Borikiri Division till date. Your Excellency, it is only on this basis that the fundamental rights of the residents of Borikiri was perpetually violated by the Nigeria Police Force. The conduct is condemnable.

Rt. Hon, the right of freedom of movement is an inalienable right of every citizen of the State safeguarded by the constitution of the Federal Republic of Nigeria. This right is not merely declaratory but mandatorily protected by the ground-num of the land. The Oxford Advanced Learner’s Dictionary, the sixth edition defines movement as “an act of moving from one place to another or of moving  something from one place to another”  Accordingly, Section 41 (1) of the constitution of the Federal Republic of Nigeria 1999 graciously couched that  “every citizen of Nigeria is entitled to move freely throughout Nigeria and reside in any part thereof …”  Nevertheless subsection (2) of the said constitution qualified the right guaranteed and state as follows “Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society…” Sir, the reasonable justifiability of any law or conduct violating the right of movement of any citizen is based on two facts – when a citizen has committed or reasonably suspected to have committed a criminal office and for public interest.

Our governor,  the fundamental right enshrined in our constitution is individualistic; hence the residents of Borikiri cannot suffer from an offence committed by one or group of persons assuming a crime is being committed. I humbly refer you to the case of Amachree v Newington (1952) 14 WACA 97  and advocate that subsection (2) does not apply to the residents of Borikiri as no criminal offence whatsoever is pronounced committed by a competent court of Justice. It is trite that the fundamental right of movement can not even be invaded by the legislature except for the sake of recognised public interest. Assuming but not acceding that there is a public interest, then, a public emergency shall be declared before any right is curtailed. In the instant violation and deprivation there is no recognised public interest, no public emergency, but a willful denial of our rights they ought to protect. The Western Nigeria crisis of 1962 adumbrates this fact. Movement of certain individuals were curtailed by the government as public emergency was declared under S. 70 (3) (b) of the then Federal Constitution and a set of 13 Regulations made under the Emergency Power Act 1961 and were approved by the Federal Parliament. The 1999 Constitution does not appear to have effected any change in this matter, thus, the procedure must be strictly adhered to. Consequently, in Alhaji O. S. Adegbenro V. A. G Federation and Ors (1962) WNLR 169, Taylor F. J. said, “in my judgment, the step which have been taken are reasonably justifiable as a preventive measure to attain peace and order …. “. The question is, is the end point of the barricade to attain peace and order or just a cowardice of the Police Force in discharging her duties? In Chief F. R. A Williams V. Majekodonmi (1962) All NLR 413 the Federal Supreme Court had no hesitation in declaring the restriction order violating the fundamental right of movement as ultra vires and therefore set­ aside.

Sir, for public emergency to be declared, it must be supported by not less than two-third majority of the House of Assembly. Can one abdicate the legislative powers of the legislature (House of Assembly) to Nigeria Police Force? Of curse, there is no such abdication, for the House of Assembly still takes charge as provided under Section 4 of the Constitution. It is my opinion, that, the violation is subversive of the right parliament enjoy notwithstanding the fact that the Government in council shall take decision necessary and expedient in the interest of the State. It is my argument that wherever anything is forbidden it is forbidden to do it directly or indirectly.

Your Excellency, it is burdensome, when persons or institutions established to protect and enforce the law willfully violate it. By the provision of Section 4 of the Police Act Cap P. 19 LFN, the law states categorically that, “ the Police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations … “ Can one run to the Borikiri Police in times of emergency when its doors are closed? Or could it be right that Section 4 of the said Act, exclusively protects  the Nigeria Police Force nay Borikiri Police station? Obviously, the answer is in the negative for it is not permitted to be wiser than the law, not even the Nigeria Police Force. The barricade is an insignia of depression, as depression is a state of mind, a loss of faith instability and security of Rivers State. The people of Rivers State have worked pass such era, presumably if it ever existed.

 The conduct  of the Police intended to help, but could not redress the constitutional issue raised rather it subjects the inhabitants of Borikiri into slavery and long suffering.

My position therefore, is that the barricade is not only ultra vires, it is indeed unconstitutional; an infringement of the most solemn constitutionally guaranteed right.

Asemebo is a Port Harcourt based legal practitioner.

 

Fortune Asemebo

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Opinion

 Electoral Bill: Why Buhari Withheld Assent

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On 21st December, 2021, President Muhammadu Buhari alarmingly declined assent to the long-awaited Electoral Act Amendment Bill through a letter to the President of the Senate, Dr Ahmad Lawan, and Speaker of the House of Representatives, Femi Gbajabiamila. From the tone of the memo, Buhari exuberantly, largely aligned with the Act amendments except the clauses that provided for mandatory direct primaries for all political parties.
Discernibly, the president amid the rebuff acknowledged the energies, nonetheless urged the lawmakers to review the objected clauses, and also requested it be transmitted back for his assent after review. Least expected, Buhari’s major critic, Dr Samuel Ortom, Benue State governor, overtly backed the president’s decline of assent over the direct primaries.
Irrepressibly, the president’s action has continued to generate controversies in the polity with the civil society organizations (CSOs) threatening fire and brimstone and many public commentators seething over perceived mischief and insensitivity. On the whole, three categories of thoughts exist.
Whilst one backs the president against mandatory direct primaries, the second group; mostly from opposition parties, endorsed it. Then, the third category which includes Chief Nyesom Wike, Rivers State governor, admitted the flaws but argued that the assent ought to have been given, notwithstanding the defects, for a review later as Buhari handled the Petroleum Industry Bill (now PIA).
This idea isn’t bad. However, the big question is; what will be the fate if after giving assent, the anticipated review hits the brick wall? It must be carefully noted that the Electoral Act, if flawed, can set the polity ablaze unlike the PIB due to vast interests.
In the legislative zone, the experience is not different. While some accepted the development in good faith and progressively prepared for a critical review, the other side seemingly insisted on a supremacy battle to override the president’s veto. However, the leadership of the two chambers so far, astutely arrested the situation, and opted for wider consultations. Be that as it may, Section 59(4) of the 1999 Constitution, Federal Republic of Nigeria as amended provides a window to override the president by the National Assembly where he withholds assent to a bill presented to him after 30 days.
Buhari’s divergence is the clause for mandatory direct primaries for political parties citing the financial implications on the Independent National Electoral Commission (INEC) to monitor primary elections across all the wards. There are 8,809 wards in the federation. Buhari also argued that political parties must be given a free hand to determine how to elect their flagbearers within their strength, and also, that security factor must be put into consideration underlining that security agencies could be overstretched in ensuring hitch-free primaries which may overheat the polity.
Ostensibly, many frowned at Buhari’s objection — having vetoed the Bill earlier in 2018 ahead of the 2019 General Elections principally on grounds of wrong timing. In fact, a lawmaker while reacting on Channels Television fumed that a bill, overwhelmingly passed by the two chambers after legislative processes which he participated in was ‘insensitively’ rejected by the president; just one man. Logically, his concern was an ego thing, widely far from objectivity. Incidentally, that’s the rule of the game – democracy.
Besides, the oversight of the lawmakers is glaring as the reasons adduced by the president against adopting mandatory direct primary are compelling.
Possibly, the lawmakers didn’t look at it broadmindedly. For instance, if signed into law, it will require INEC to seek a larger budget on logistics and allowances to monitor primary elections across the 8,809 wards in the country for each political party to validly choose a presidential candidate. Let’s say 20 political parties plan to field presidential candidates respectively, it will require INEC’s workforce to go round all the wards for each of the registered political parties to ably elect a valid candidate which has a heavy financial implication. To conduct the 2023 General Elections alone, INEC demands a whopping N305 billion from the treasury.
Sensibly, for INEC to monitor the primaries of all the political parties across all the wards in the country, the task could push the commission’s budget up to many trillions of naira. Then, where there are security challenges that discourage public gatherings, people must notwithstanding embrace direct primaries at the risk of their lives or end up in an inconclusive primary election. In other words, failure to conduct direct primaries across all the wards may deny a political party an opportunity to field a valid candidate in any election.
Deductively, these arguments strongly suggest that mandatory direct primaries could spontaneously force smaller political parties into extinction due to financial constraints and also create unmanageable logistics and security crises.
Another strong fear is beating the time frame for primaries by political parties. As known, primary elections follow INEC’s timetable, and it is rare to find any political party that produced its candidate without internal squabbles which, most times, resulted in late primary election leaving members to resort to any possible means; direct, indirect or consensus to be able to field a candidate within time. If the law should exclusively endorse mandatory direct primaries, practically, it will lead to inconclusive primaries in virtually all political parties. Government is a team work and that’s the strong reason laws must pass through the two arms – Executive and Legislature.
In fact, the bureaucracy for INEC to mobilise workforce alone including ad-hoc staff, managerially allocate tasks can frustrate many political parties due to time. It will also put a heavier burden on the Judiciary to entertain frivolous lawsuits from wards where direct primary perchance didn’t hold by circumstances beyond the control of political parties.
Thus, primary elections should logically, remain flexible and at the discretion of political parties. To be emphatic, the financial implications on the treasury, overstretching security agencies, operability to political parties and also, overstraining the Judiciary are cogent reasons to reconsider the Bill in overriding public interest.

By: Carl Umegboro
Umegboro is a public affairs analyst.

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Opinion

Stop This Begging Attitude

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Are Nigerians all turning to beggars? What is going on? At every institution, many public places, you see well-dressed men and women subtly begging for money. I went to a shopping mall for a business transaction recently and at the gate was a well-dressed, cheerful security guard who zealously ushered me into the compound. I wanted to park my car at one end of the compound but he insisted that I should go another direction which truly was more spacious. And in my mind I was like, “what a dutiful staff?”
He was not done yet. As soon as I switched off my car ignition and was about to open the door to come out, he rushed and did it, smiling from one side of his mouth to the other, offering unsolicited information and a guide on my whereabouts in the facility. I sincerely thanked him, hoping all the VIP treatment will not be a subtle way of begging for gratuity.
Behold, I was wrong. As I made to step into the building, he whispered “Madam, no forget the favour way l do you oo”. I had just encountered another corporate beggar. A day before, I had a bitter encounter with one, a pump attendant, at a petrol station who called me names for refusing to part with my hard-earned money. Having enquired about the well-being of my family, admired my car and showered all unasked encomium on me, he expected a monetary appreciation which was not forthcoming and the next thing I heard was “stingy woman”.
They are everywhere. At petrol stations, banks, offices, both public and private hotels, you see a lot of people begging while on duty. At the airport, train station and in practically all-important offices in the country, “anything for the boys, your boys dey loyal oo”, seems to have become part of the official language.
Of course, this shameful attitude did not start today but it has taken a more serious, disturbing dimension in recent times. Many people, particularly the security personnel, front desk officers, customer relations officers have turned their duty posts to begging offices. They would always blame the current economic downturn for their unbecoming attitude which cannot be totally true because, at least, they are working and earning salaries, no matter how little.
What about the millions of people who are jobless and have no means of livelihood? Have they all taken to the streets to beg?
One thinks it is a social malaise which has a lot to do with our ethical values. A lot of people in the country value money and other material things far and above integrity, self-respect and self-dignity. And so, they will do anything, no matter how shameful, to acquire them.
A teacher once made an analogy of two families, one has four members and the other was a family of 11 people. Both families were given N200,000 each to spend for a month. According to her, half way into the month, the family of four almost exhausted their money and could hardly pull through till the end while the other family of nine comfortably made do with the amount they had and even had some balance. What was their secret? Prioritisation and prudent management.
Therefore, it is not so much about how much we make through our salaries, begging and other means but how we manage the money. There is hardly anybody in the country today that is not feeling the economic bite and the only thing that will help everybody both the low- and high-income earners is to set their priorities right and learn how to live within their income instead of hoping on tips from some “big men and women” and doing all kinds of ridiculous things to attract their attention and the crumb. And we forget that the so-called big men most times also have loads of financial responsibilities.
On the national level, we also have to consider the damaging impact of official begging and do something about it. Obviously, taking little tips from people would make officials skimp on their responsibilities, thereby making some unscrupulous elements have their way, exposing the country to avoidable vulnerability.
It is, therefore, imperative we must begin to build a new ethos that places emphasis on self-respect and dignity of labour. As part of the country’s 60th Independence celebration, the National Ethics and Integrity Policy was launched. It contains the nation’s core values of Human Dignity, Voice and Participation, Patriotism, Personal Responsibilities, Integrity, National Unity and Professionalism. All these values and how they will be practised to make for a better country and more cordial relationship among the citizens are thoroughly spelt out.
For instance, section 4.5.2.5, talks about Honour under Integrity states, “We shall at all times maintain uprightness of character, personal integrity and pride in ourselves as individuals, as one community, and as one nation. Therefore, in all spheres of life, we shall do what is demanded by our common values and laws that we hold to be true, in accordance with our national identity and in accordance with the values enshrined in our national laws and practices as one country. As Nigerians, we shall stand up to challenge those vices that impede the pursuit of our existence with uprightness. We shall celebrate those Nigerians who are upright”.
But then the big questions are: how many Nigerians are aware of this policy? What efforts are being made to educate the citizens on these core values? We have the National Orientation Agency, the Ministry of Information at various tiers of government, what are they doing to educate people about this code of conduct so that the people internalise it and make it a true guide for the citizens,
It is not enough that time, energy and resources were spent in packaging the booklet, let adequate sensitisation be carried out, using the media, both conventional and social media and other means of communication to reach to people at every nook and cranny of the country because many Nigerians are losing it when it comes to integrity and the time to get them back on the right track is now.

By: Calista Ezeaku

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Opinion

Shape Of Things To Come

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In monitoring and surveillance activities, there are two abbreviations that are given priority attention, namely: STC and DEWS, which stand for Shape of Things to Come and Distant Early Warning Signs. From aviation, to health and security industries, shape of things to come and distant early warning system are taken seriously, with appropriate precautionary measures sought and put in place immediately such alert features. Whatever may be the nature of issues concerned, various activities and organisations put precautionary measures in place, and people given some orientation on how to respond to alert.
The Tide, Friday, January 7, 2022, Opinion: Page 9, “That Buhari’s Interview”, by Calista Ezeaku, contained more information than an average reader would grasp. A President’s interview with a television house is obviously not a domestic affair, hence there was a detection and comment about “a close-minded approach to serious national issues”. It was not enough also that someone would say: “From the economy, to insecurity, killings of innocent farmers by terrorists … and other sundry issues, President Buhari honoured his calling as a president who has nothing new to offer”.
It is needful to add that the task of managing affairs that affect millions of people demands that when such a manager has nothing new to offer, what would follow should be an honourable resignation from the task. With regards to the tenure and performance of Buhari, distant early warning signals had long been ignored, denied or distorted, such that one man’s interests can override and become more important than those of millions of people who must bear the brunts of political amnesia.
Management failures do not always arise from wrong decisions and policies, but more often from the intrigues and shenanigans hatched and padded into a management system by a cabal or sapiental authority are not answerable to the masses but always cause great harms for which they are rarely held accountable, nor would the big boss have the courage to dismiss or detach himself from such political parasites. The result of this system of political administration is the installation of weak institutions and structures.
This is why a public analyst would observe and say that “all the abuses of powers by the governors are possible because of the flawed electoral system in the country”. From the refusal to allow for a state police as a complement to the federal police, to the lethargy involved in introducing a fraud-free electoral process, there are parallel forces in government that would not allow leakages and flaws in the system to be closed or checked effectively.
When “administrative banditry” becomes institutionalised, the result would be the situation which we experience currently in Nigeria. Since this anomalous situation had been going on, long enough for more and more Nigerians to know the tricks, it would not be hard to predict the nature of mass reaction to the malpractices. Especially when each federating unit which should be independent and able to have state police and manage indigenous resources cannot be allowed to do so, it is easy to see the shape of things to come in the near future.
For the information of obtuse members of the Nigerian ruling elite and the groups or institutions that shield and protect them in their malpractices, there are glaring signals that the Nigerian masses are wiser now. Even if new tricks are introduced to create a semblance of change from the old system, that would not be enough to avert the shape of things to come. There was a distant early warning signal that the movement of cattle and herders Southwards was a ploy to pursue some hidden agenda.
To quote Mrs Ezeaku again: “It is also worrisome that in this age, the president still believes that establishment of grazing routes would solve the persistent problem of farmers-herders clashes in the country”. Rather than admit that there was a definite hostility against farming communities in Southern parts of Nigeria by herdsmen, President Buhari told American audience that the issue was a cultural one, rather than acts of terrorism. Check all the antics and shenanigans, from Ruga to the quest for allocation of land and huge donations to patrons of cattle business in Nigeria by the federal government, it is easy for anyone to see and read the “handwriting on the wall”.
To have a mindset that all Nigerians can be fooled and bamboozled all the time, would be to cultivate “a close-minded approach to serious national issues. The worsening state of insecurity in Nigeria requires a more broad-minded approach to address the challenge. Not a few Nigerians suspect a possible re-enactment of the Afghan/Taliban experience in Nigeria, whereby a section of our security forces can be described as complicit. General T. Y. Danjuma raised such alarm long ago.
Recently, a Nigerian professor was quoted as picking holes with the observance of New Year on the ground that it is associated with Christian calendar. The idea is that since Islam has a different calendar and new year, the Julian Calendar introduced in 46 B.C. by Julius Caesar, with 365 days in the year, should cease to be. The other alternative would be to recognise and observe the Islamic calendar alongside. Already, there is a similar move to make Friday a work-free day, like Sunday.
There are a few zealots and fanatics carrying these issues too far, to the extent of sponsoring terrorism as an act of proselytism, with recognition and implementation of Sharia law as a mission. This is where the influence of the Organisation of Islamic Conference (OIC) needs to be examined, to ensure that democracy and secularism are not placed in jeopardy.
There are glaring pitfalls which Nigeria must strive to avoid, if the nation must survive current challenges. There is a need to re-organise the security and intelligence organs of the nation, revisit the issue of the true federalism and ensure that no ethnic group or power bloc boasts of being Born to Rule. There is more to the glib talks about corruption than what we put emphasis on. To allow current imbalances and inequities to continue would be chaotic!

By: Bright Amirize

Dr Amirize is a retired lecturer from the Rivers State University, Port Harcourt.

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