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Withdrawal Of Abacha’s Case Right Or Wrong?

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The Attorney-General of the Federation, and Minister of Justice, Mohammed Bello Adoke, (SAN), last Wednesday withdrew the money laundry charges preferred against Mohammed Abacha, the eldest son of late military dictator, Sani Abacha.
Some Port Harcourt residents joined other citizens in other parts of the country to react to the federal government’s decision. They spoke  to our chief correspondent, Calista Ezeaku. Our photographer, Dele Obinna captured their images.
Bar Bariyima Kokpan
Legally speaking, there is nothing wrong with the withdraw of that allegation. The government has the power to do that. But when you look at the action morally, it is wrong. It is a set back in the fight against corruption in the country and it will encourage other people to indulge in corrupt practices. I learnt the money involved runs into billions of naira and for the federal government to just suddenly withdraw the case without any reason, no condition. It’s somehow. I don’t know weather there are other consideration but in the best of my knowledge and what I read in the newspapers, no cogent reason was given for the decision.
The government is the persecutor, they have the facts, they have the evidence. So if at the end of the day they find out that if they proceed with the prosecution the likelihood of them getting a conviction is not there, government can go ahead to drop the charges.
You have to bear in mind that if the government continues with the charge and eventually he is discharged and acquitted he has a right against the government to sue for malicious prosecution. So, subject to the facts available to the federal government, I know, as a lawyer, that the Attorney General of the federation, even of the state has the right to withdraw a charge.
But as I said earlier, the considerations for the withdrawal of this allegation is not clear. If you are talking about plea bargaining, can we really say that was what transpired in this case. If there was plea bargain, I’m sure we will be aware. For instance there was plea bargain in Tafa Balogun’s case. There was plea bargain in Cecilia Iburu’s case. When there is plea bargain the accuser says, Ï am ready to forfeit so, so amount out of the money you are accusing me that I allegedly stole, while I keep the other one. And the government says if you can give us maybe 70% or 80%, we will forgive you.
In this case how much was he alleged to have laundered, how much is he refunding to the government? How much is he keeping? In the absence of all these explanations it is difficult to just come up to say they have refunded some money to the government. I just pray that it is not all about political consideration.
It gives an impression  that the federal government is not determined to fight corruption. Even though the federal government may have her reasons, but the general impression is that government is not really serious to fight corruption. The effect is that people continue to think that you can do anything and get away with it.
Look at it from another angle. Look at the amount involved, consider that there are so many people languishing in our prisons perhaps for stealing handsets of N2,000.00. So the higher you go, the freeier you become. That’s why I started by saying that morally speaking the withdraw is wrong.

Mr Olubwayo Alex Olanrewaju (Banker)
For me I think it shows that we are not ready to fight corruption. In the  first instance somebody is being charged for corruption and the same people that found him wanton are discharging that same person of that allegation. How did they come about it? For me I strongly feel we are not serious. We are not ready to take the bull by the horn. Both the ICPC, EFCC and all that are just joking. Our courts are in shambles. The verdicts they have these days, I don’t know how they come about them.
For me, that shouldn’t be. The guy has to face the music. There are serious allegations against him and he should not just be discharged like that. It doesn’t make sense. The judiciary really needs to sit up. They say judiciary is the last hope of the common man but right now, I don’t see any hope there. As a country, does it mean we cannot address this problem of corruption? Is corruption bigger than Nigeria? I don’t think so. I think the withdrawal of the money laundry case is not right at all. Human Right Organisations, National Orientation Agency really have to sensitise Nigerians on the evils of corruption, starting from the primary schools, Nigerians really need to be re-orientated.

Mr Nixon Madume(Public servant)
In my own view, the withdrawal of the case is wrong because he committed an offence and under normal circumstances, where the judiciary is working very well he should be prosecuted for it but because of one thing or the other, maybe because of the powers from the north or for political reasons they decided to pardon him. But I think it is a very wrong approach to our war against corruption. Most times people who were involved in crimes like that were set free and tomorrow we say we are fighting corruption while we cannot set example with the cases we have already. Sometimes I wonder how justifiable it is to punish people in the lower cadre in the society  who commit one crime or the other while the people up there who commit greater offences are set free.
I don’t think other countries will take us serious when we say we are wagging war against corruption, in this country. I will advise that justice should always prevail, no matter who is involved.

Mr Beemene Tanee (journalist)
Well, the truth is that Nigeria is becoming very reluctant to respond to the imperatives of justice. For political reasons, this allegation has been withdrawn but there are fundamental issues that need to be addressed so that we cannot relapse into the insensitivities of the past. If we say that we are trying to review the country on the part of democracy, then there is need for people to be answerable for their misdeeds against people. And that draws us to the fact that at a time Abacha’s family was frontal in the Nigeria management and they misused it. But now they have given them political concession and they are trying to give them a soft landing when there are a lot of issues to be addressed. It’s like you are giving a blank cheque to public servants to loot that at the end of the day, nothing will happen.
Justice should not be selective. Any person that has been found wanton should be brought to book. At a point in time, Mohammed Abacha was more draconian than his father because of unfertile access to state resources. That was very wrong. And I want to call on the federal government to ensure that the fight against corruption is not selective and that every person that is found wanton should be properly investigated and brought to book according to the law.
This withdraw of money laundry case against Abacha’s son gives the impression that the fight against corruption in Nigeria is dismal. It is not a vibrant fight. The federal government is soft peddling but they say he who comes to equity must come with clean hands. You don’t expect to give some people soft landing while you direct your fight against maybe those you consider to be against the powers that be.
So, it is wrong. The federal government must be proactive in the fight against corruption by ensuring that every sector of the economy is sanitised.
Meanwhile, Abacha’s family should not be the only people in focus maybe because the patriarch is no longer there. All  past leaders, Generals should be investigated. And all excesses in terms of mismanagement of funds should be properly addressed.

Mr Iheanyi Ezinwo (Publisher)
As a behavioral scientist, I don’t run into conclusions. It is only people who have some hidden agenda that will run into conclusions. Before a case is withdrawn, it presupposes that some discussions or agreements have taken place. You remember that even before Jonathan’s administration, we have had some cases of plea bargaining where somebody pleads guilty, returns some amount of money and he is allowed to go. I also read that Abacha’s family refunded millions of dollars to the federal government. It is possible that there have been some discussions, some agreements that if they refunded certain amount, he would be allowed to go, and some out of court settlements and decisions like that. So it is not just enough for somebody to say öh federal government has let this people go” and this and that. There must have been a reason. I read where federal government explained that Abacha’s family has refunded some money and that was the reason for withdrawing the case.
You see, a lot of people who are raising eye brows and shouting to the hilltops over whatever may have transpired, forget that Abacha was not the first and last head of state this country has had. There have been both civilian and military heads of state before Abacha and after him. And all of them took more than their fair share of our resources and many of them are still parading around and even condemning this decision. An situation where some will want to be talking about Abacha’s family because the man is late, I don’t think it is right. Abacha was not the only person who stole Nigeria’s money. Other former heads of state stole. They should go and  recover it from them. Even some people who are in government today are busy stealing and they will be the first to raise alarm.
So I believe that is not the best way to move forward in this country. If we want to make progress the fight against corruption must be holistic weather you are dead or alive.

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Cautious Optimism As Naira Rebounds

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It has been good news since the past three weeks as our national currency, the Naira, continues to regain its lost value. The recovery follows frantic efforts by a government whose ill-advised, inaugural policies had set the legal tender, and the whole economy, tumbling.
The naira took an unprecedented plunge from last June and hit bottoms by the middle of March, 2024, following a hasty decision by President Ahmed Tinubu’s administration, to let it float freely on the market forces of demand and supply, in addition to removing petroleum subsidy, in disregard of the handicap of Nigeria’s import-dependence.
Without provisions to boost productions that satisfy domestic demands, or prime export capacities to balance import pressures on the local currency, a floating naira depreciated by 25 per cent in a single day in June, 2023, dropping to N1,950 per dollar in March, 2024, from about N750 per dollar earlier in May, 2023, while the price of petrol jumped overnight to 295 per cent, from N189 to N557. By December, 2023 overall inflation, according to official estimates, reached 28.92 per cent and food inflation shot beyond 33.33 per cent.
According to a World Bank report, whereas about 24 million Nigerians crossed the poverty line during the first half of 2023, in the twilight of the Buhari administration, situations got worse by the end of 2023, when accelerating inflations ushered-in by Tinubu’s hasty policies, pushed 63 per cent of Nigerians (about 133 million) into multi-dimensional poverty.
By the first quarter of 2024 hardships drove restive youths to near-uprising, which forced government into another haste – a concoction of palliatives – ironically, a form of subsidy, which it had earlier denounced as government wastefulness.
With the naira regaining its losses, it appears a panicky government has finally groped unto a solution. But if Mr President’s men are remorseful for the havoc done to Nigerians, they should be more sober this time in their computations to avoid distressing the country further.
The Federal Government has resorted to offloading dollar raised from sovereign bonds (in essence, loans), petroleum export proceeds and drawdowns from the external reserves, into the economy to reduce Foreign Exchange (FX) supply pressures, and to help it buy time in the hope of finding solutions to the wider unfavourable economic fundamentals bedevilling the economy.
On the dollar demand side, government has freed-up official restrictions that it believes created artificial scarcities that favour the black market. The Central Bank of Nigeria (CBN) has also cleared-off a backlog of FX obligations to assure investors, lifted the ban on sale of dollar to Bureau De Change Operators (BDCs), clamped down on currency speculators, closed down Binance, a crypto platform government accused of opaque dealings with money launderers, and borrowed dollar through short-term, sovereign bonds to ‘defend’ the naira.
Ever since, the CBN has offloaded dollar to BDCs at progressively reduced rates in the hope of prompting currency hoarders to cut losses and release supposed stockpiles. But in a clime where looted funds are desperately exchanged and exported, not much may be squeezed from hoarders, if surveillance is not stepped up. However, as at April 8, 2024, the CBN has offloaded a second tranche of $10,000 per BDC operator at N1,101 per dollar with a charge not to sell above 1.5 per cent margin. Many predict the CBN would offer the dollar below N1,000 in the coming weeks.
But for how long can the CBN go on with its bonanza to ‘defend the Naira’?  And what has been the cost of that defence? While the impact of strengthening naira is yet to reflect on commodity prices in Nigeria, the nation’s foreign reserve has dropped within 18 days by $0.95billion, down from $34.45billion on March 18, 2024, to N33.50billion on April 3, which represents a daily average depletion rate of $52.78 million. This is despite the $3billion loan from the AFREXIMBANK and petro-dollar revenues also thrown into the fray. To sustain its strengths, reports say the federal government plans to take stabilisation loans by June, 2024, speculated at a tune of $15billion, through the issuance of domestic bonds denominated in foreign currency. FG seeks the loans within the window of short-term, volatile Foreign Portfolio Investment (FPI) bonds which may disappoint the country in times of crises, as against Foreign Direct Investments which are more reliable. According to Bloomberg reports, FG has contacted investment banks, JPMorgan Chase & Co, Goldman Sachs and Citibank NA, for advice on Eurobonds, but Nigeria’s Debt Management Office denies Federal Executive Council’s approvals for such.
Certainly, a stronger currency is beneficial to an import-dependent nation like Nigeria, but without strengthening national productivity to generate surpluses for trade-balancing exports, the pursuit of merely high currency valuation becomes a vain strategy. While the naira strengthens, the reality of the adverse economic fundamentals that erode its worth remain unchanged, implying that its buoyancy rides merely on costly FX floods being pumped by the CBN. It is easy to guess the result, should the CBN halt supply.
For years Nigeria relied on its petroleum sector which at present provides about 78 per cent of FX earnings, but constitutes far less than 10 per cent of its real Gross Domestic Product (GDP), implying that to stabilise, Nigeria needs to grow its non-oil sector of over 90 per cent of GDP. Even the petroleum revenue is endangered by sabotage, illegal bunkering, dwindling investments and insecurity.
The FG may have taken the bet that sustaining the naira could buy it time from hard-pressed Nigerians, in the hope that a number of tangible local productions might kick-off. Notable among the expectations is the Dangote Refinery which, with its 650,000 barrels per day refining capacity, is expected to satisfy local demands of petroleum products to ease the huge FX demand in that front, and may hopefully earn FX through exports. Already, Dangote’s recent release of 100 million litres of diesel crashed the price of the product from N1,700 to N1,350, with another batch of 100 million litres expected to crash prices further, while the company plans to supply petrol by next month, but government-owned refineries which have drained so much resources remain dysfunctional. Again, the recent break through against reprocity flight barriers between the UK and Nigeria by Airpeace, reportedly crashed ticket prices to UK by 60 per cent.
FG may also see reliefs in the successful take-off in Aba, of 24-hour power supply by the Geometric Group and the recent commissioning of 700 Megawatt Zungeru hydro-electricity station, a tomatoe processing plant in Nassarawa, and a steel mill in Kaduna. However, agricultural, petroleum and manufacturing sectors remain at  their lowest and beseiged by insecurity, while the financial services sector appears to be strong but has incommensurate impact on industrialisation. If government does not encourage productivity in the real economy, its efforts in buoying the naira would be hopeless, while Nigeria falls deeper in debts. Already, as at December 31, 2023, Nigeria’s total debt stood at $106billion, while the 2024 budget of N28.7 trillion projects a deficit of N9.8 trillion to be debt-financed.
When public debt grows fast ahead of GDP growth rate, mounting debt service costs under-cut funds required for investment. That became the plight of Nigeria from Buhari’s era, when from 2016 to 2022 public debt grew by yearly average of 52.4 per cent, and GDP below 2 per cent. In that fateful 2022, debt service cost exceeded government revenue, which is why we are where we are.
The International Monetary Fund projects that Nigeria’s reserve would plummet to $24billion by end of 2024. Meanwhile, a nation’s FX reserve reflects the country’s balance of payments and its ability to settle international obligations. Severe declines in reserve may erode investor confidence and lead to downgrading of its credit ratings, which further worsens the nation’s borrowing costs.
Therefore the current approach towards buoying the Naira through loans can not be any other thing, but a gamble.

By: Joseph Nwankwo

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Agriculture: Solution To Hunger, Inflation, Food Insecurity

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In recent times, Nigerians have voiced their concerns about the persistent challenges of hunger, inflation, and the general increase in prices of goods and services. These issues not only affect the livelihoods of individuals and families but also pose significant threats to food security and economic stability in the country. In response to these pressing challenges, an educationist who is also an agricultural expert, Kazeem Akande, has shared insightful solutions aimed at tackling the root causes of these problems and fostering sustainable development in Nigeria.
In January, the UN estimated that more than 25 million people in Nigeria could face food insecurity this year—a 47 per cent increase from the 17 million people already at risk of going hungry, mainly due to ongoing insecurity, protracted conflicts, and rising food prices. An estimated two million children under five were estimated to be pushed into acute malnutrition in 2023. (Relief web, 2023). In response, Nigeria declared a state of emergency on food insecurity, recognising the urgent need to tackle food shortages, stabilise rising prices, and protect farmers facing violence from armed groups. However, without addressing the insecurity challenges, farmers will continue to struggle to feed their families and boost food production.
In addition, parts of northwest and northeast Nigeria have experienced changes in rainfall patterns making less water available for crop production. These climate change events have resulted in droughts and land degradations; presenting challenges for local communities and leading to significant impact on food security.  In light of these daunting challenges, it is imperative to address the intricate interplay between insecurity and agricultural productivity in Nigeria comprehensively. This necessitates a multifaceted approach that encompasses enhanced security measures, conflict resolution mechanisms, infrastructure development, climate-resilient agriculture, improved access to finance, and capacity building for farmers. By adopting such an integrated strategy, Nigeria can work toward ensuring food security, reducing poverty, and fostering sustainable economic growth in its vital agricultural sector. In this article, I  suggest solutions that could enhance agricultural production and ensure that every state scales its agricultural production to a level where it can cater to 60 per cent of the population.  I commend the efforts of the Oyo State Government under the leadership of Governor Seyi Makinde, who has paid due attention to developing agriculture in the state.  The governor has implemented brilliant initiative to boost agriculture such as the construction of Oyo-Iseyin road, suspending revenue collection on farm produce, and providing funds for tractors and fertilizers.  These solutions include:
Partnerships with tertiary tnstitutions: There is a need to emphasise the importance of collaborating with tertiary institutions to harness the potential of innovation and technology in boosting agricultural productivity. By partnering with these institutions, the government can leverage research findings and expertise to improve farming practices, develop high-yielding crop varieties, and enhance agricultural techniques. Additionally, providing access to farmlands for farming activities enables farmers to increase their production capacity and contribute to food security in the country.
Enhanced security for farmers: One of the critical barriers to agricultural productivity in Nigeria is the lack of security for farmers, particularly in rural areas. While I suggest ensuring safety and protection of farmers and their crops is essential for promoting food security and stimulating economic growth. By deploying security forces to agricultural regions and implementing proactive measures to combat rural insecurity, the government can create a conducive environment for farmers to cultivate their lands without fear of theft, vandalism, or attacks.
Engagement with research institutes: while there is also need to partner with research institutes; IITA, CRIN, NIHORT, IAR&T, FRIN, NCRI, NACGRAB, to drive innovation and knowledge exchange in the agricultural sector. By collaborating with these institutions, policymakers and stakeholders can access valuable insights, data, and expertise to inform evidence-based decision-making and policy formulation. Additionally, investing in agricultural research and development initiatives can lead to the discovery of novel solutions to pressing challenges, such as improving crop resilience to climate change and enhancing soil fertility.
Investment in mechanised farming and arable land allocation: State and local governments play a pivotal role in promoting mechanised farming and providing arable land for farming in communities. Additionally, allocating arable land enables smallholder farmers to expand their operations and contribute to food security at the grassroots level. Nigeria can unlock the potential of its agricultural sector to address the pressing need of its population and achieve sustainable development. Policymakers and stakeholders must heed Akande’s recommendations and take decisive action to ensure a food-secure future for all Nigerians.
Akande, a public affairs analyst, wrote in from Abuja.

By: Kazeem Akande

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Opinion

Folly Of Leaping Before  Looking

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Look before you leap”, is one of the wise sayings that over the years I have been emotionally attached to. It means so much to me.  It teaches me to  be thoughtful,  articulate, dissective, dispassionate and solicit for advice of the experienced and reasonable people where necessary. I have seen people  reveal their stark ignorance because they took decisions rashly and without  considering the implications of their actions or inactions. It has therefore, become  necessary to “look before you leap”. Rehoboam, son of Bible’s King Solomon lost 10 tribes of Israel to Jeroboam. The negative consequences of lack of conscientious and enlightened  guide before taking action has landed many in avoidable regrets.
The recent judgment of a Federal High Court, Abuja sacking 20 Cross River State House of Assembly members should serve as an object lesson for thoughtless lawmakers’ and elected representatives who want to defect from the party on whose platform they were elected to a preferred political party whether the choice was based on sound judgment, ignorance or pecuniary gains, to learn the wisdom of looking before leaping.
The Electoral Act is unambiguous and crystal clear so does not make judicial interpretation necessary, on the ground for an elected representative to leave his or her political party for a preferred one either by inducement, anticipated pecuniary benefits or blind loyalty.
And the sublime reason must be premised on irreconcilable crisis in the  political party of  those elected who want to decamp or cross-carpet.
Recall that on Monday,  March 18, 2024, a Federal High Court in Abuja  sacked 20 members of the Cross River State House of Assembly.
The Peoples Democratic Party (PDP) had instituted a suit against the lawmakers over their defection to the All Progressives Congress (APC).
The judgment in the suit marked FHC/ABJ/CS/975/2021 was delivered on Monday. Ruling on the case, Taiwo Taiwo, the presiding judge, held that the lawmakers should vacate their seats, having abandoned the political party that sponsored them to power.
The affected lawmakers are Michael Etaba; Legor Idagbor; Eteng Jonah William; Joseph A. Bassey; Odey Peter Agbe; Okon E. Ephraim; Regina L. Anyogo; Matthew S. Olory; Ekpo Ekpo Bassey; Ogbor Ogbor Udop; and Ekpe Charles Okon.
Others are Hillary Ekpang Bisong, Francis B. Asuquo; Elvert Ayambem; Davis Etta; Sunday U. Achunekan; Cynthia Nkasi; Edward Ajang; Chris Nja-Mbu Ogar; and Maria Akwaji.
The Independent National Electoral Commission (INEC), Speaker of the House of Representatives, National Assembly, Clerk of the National Assembly, Cross River State House of Assembly, Clerk of the Cross River State House of Assembly and the All Progrssives Congress (APC), were also joined as defendants in the suit.
Though, in their defence, the lawmakers argued that there was rancour in the Peoples Democratic Party  (PDP),which led to their expulsion from the party, the judge held that the defendants had intentions to mislead the court. He said he found gaps and loopholes in their defence as they tried to twist events to suit their own narratives.
“They wined and dined under the umbrella of the plaintiff who also gave them shelter,” he said.
Taiwo noted that they not only defected loudly, “they took pictures of their defection and were received by the officials of the 26th defendant”.
“There is no doubt that the defendants can belong to or join any political association and assembly as they are free to do so,” he ruled.
“I consider the attempts of the 6th – 25th defendants to justify their defection, feeble in the circumstances of this case.”
Taiwo said the public voted for the lawmakers through the plaintiff who sponsored them and they were not elected as independent candidates.
“They had a vehicle which conveyed them and that vehicle belongs to the plaintiff. They cannot abandon the vehicle,” he held.
Justice Taiwo’s judgment remains a landmark and precedent to determine whether the 27 Rivers State House of Assembly members elected on the platform of the Peoples Democratic Party (PDP), have the locus to publicly decamp to the All  Progressives Congress (APC) and still retain their seats in the House as elected and honourable  members of the House.
Though concerned groups are challenging the legality of the 27 decampee legislators to constitute a legitimate House of Assembly with the  affected members having the  capacity  and audacity to still hold legislative functions, it baffles  me that they constitute themselves into what seems like a parallel administration and a distraction to Sir Siminalayi Fubara-led Rivers State Government, instead of thinking about how they would get nominations on the platform of their new political party and win the bye-election for their seats that will be declared vacant by the Independent  National  Electoral Commission (INEC), if the judgment and the dictates of electoral law and Constitution can find expression in the Rivers 27.
If it is true that the aroma of the fart tells the substance of the poor, then, the judgment of the Federal High Court, Abuja should send a warning to the defectors in the Rivers State House of Assembly to swallow their vomit or start packing to vacate the reins of legislative functions in the House.
The wise man learns from the experiences of others and  history. History repeats itself because people have refused to come to understanding. They are close-ended in learning. The essence of history is to avoid a reinvent of the negative past, use the ugly past to reconstruct the future.
Legislators are elected to represent constituency consisting of people of all walks of life. They should rather strive to serve the people, solicit the consent of popular opinions on critical issues rather than thinking for the people and serving their selfish interests. Those elected should see themselves as stewards and as stewards, they are accountable to the people and God, not their political godfather with attendant characteristics to mislead and self-serving.
It is high time our political leaders knew that the legitimacy of their positions is derived from the magnanimity of the people. They should therefore not take decisions without taking into cognisance the interest of the people they are representing,  through intentional consultation.

By: Igbiki Benibo

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