The inevitability of death dawned on so many Nigerians on Saturday, 5th September when Barr. Mohammed Fawehinmi, the eldest son of Chief Gani Oyesola Fawehinmi, announced the demise of his father. Though many knew he was down with cancer of the lungs they still believed that Gani’s legendary posture had clothed him with immortality.
About 40 years ago the Gani phenomenon hit our national consciousness when he took up a case against a military officer in Jos who took over the wife of a poor civil servant. Since then he adopted different legal means of ensuring that justice was done. He did so many pro bono cases for the poor and oppressed. His unrelenting stance on human rights earned him the title “Senior Advocate of the Masses” (SAM) even before he was made a Senior Advocate of Nigeria (SAN).
I believe it was his propensity for ensuring that justice is done even at the risk being branded an extremist that informed his secondary school principal, late Rev’d Akinrele, to advise that Gani be encouraged by his parents to study law. The result of this counsel was his study of law in England and subsequent call to the Nigeria Bar on 15th Janary, 1965.
Gani Fawehinmi’s dogged determination led him to practice solely when he was barely three months post-call. From then he did not look back in his fight for justice and good governance.
He handled many landmark cases and opened new vistas in the administration of justice in Nigeria. It was in Fawehinmi Vs Abacha that the Supreme Court decided, for the first time, that the African Human Rights Charter is enforceable in Nigeria. Also, in Fawehinmi Vs. Inspector General of Police the Supreme Court decided that in spite of the immunity enjoyed by the President, Vice President, Governors and their deputies under Section 308 of the 1999 Constitution, they can be investigated though not tried.
Fawehinmi did not only litigate, he also published the Nigerian Weekly Law Reports (NWLR); “must have” for every serious legal practitioner in Nigeria. Today NWLR has over 780 parts with each part having over 300 pages weekly. The NWLR has been consistently published for 21 years. He also had 20 other books on different aspects of law to his credit.
In the dark years of military dictatorship when many receded, Gani Fawwhinmi was one of the few that stuck out their necks to seek justice, protest reckless use of power and abuse of human rights. Irrespective of the dire consequences, he frequently sought judicial review of governmental policies and actions. This landed him in prison several times that it became a way of life for him. But in his characteristic doggedness he remained undaunted. In fact, he was reputed to have kept a bag packed in case he was unexpectedly hauled off to jail.
His hard stance on Human Right issues is incontrovertible. This attracted accolades even beyond the borders of Nigeria. In 1998, he was awarded the Bernard Simons Memorial Award of the International Bar Association (IBA). The award is one of the highest distinctions that may be conferred on a lawyer across borders. The award was instituted in June, 1995 in honour of late London solicitor, Barnard Simon to reward outstanding achievements in Criminal Law Practice which promote, protect and advance human rights, especially the right to live in a fair and just society under the rule of law. By this he became the first Black African to be so honoured.
Gain, no doubt, lived a fulfilled and remarkable life devouted to the fight for good governance and justice. The tributes paid to him by Nigerians eloquently testify to this. But, as stated by the president of the Nigerian Bar Association, Mr. Oluwarotimi Akeredolu (SAN). “We are consoled by the quality of his consistent and persistent input to national development, Fawehinmi, a legal icon and public interest litigator par excellence, fought a good fight. His life is an enduring lesson”. Also, Gani’s like, Lagos lawyer, Femi Falana said “Indubitably, Nigeria has lost a dogged fighter par excellence, a social crusader of extra-ordinary moral fibre and public interest litigator of unequal dimension who consistently confronted the menace of institutionalised injustice, wanton official corruption and excruciating poverty unleashed on helpless Nigerians by a tiny rapacious ruling. Elite.”
After being imprisoned 32 times between 1969 and 1996 and detained in 12 jails with the accompanying brutality by security operatives; incessant searches and seizure of international passport Gani still ordered, on his sick bed, the filing of an appeal at the Court of Appeal, Abuja to challenge the ruling of a Federal High Court, Abuja over his suit in which he contended that the appointment of Mrs. Farida Waziri as chairman of the Economic and Financial Crimes Commission (EFCC) was invalid as Nuhu Ribadu, the former EFCC boss has not been removed from office.
With the death of this legendary political activist and human rights crusader, it is obvious that we are “only remembered by what we have done” and that for positive change to occur we all have contributions to make. Change does not just happen, neither is it thrust or foisted on a people; it has to be made to happen. Gain did not just wait for it to happen, he did something to engender positive change. Let us quit the ignoble role of armchair criticism and impact on our society. We might not have the privilege or opportunity of doing it in large scale like Chief Gani Fawehinmi but we can do something to make a difference.
Nigeria And Echoes Of Socrates On Democracy
Socrates (469-399BC), the Greek philosopher and political sage of Athenian descent, was critical of the ways in which his fellow Athenians operated under the then novel concept, ‘democracy’. Though Socrates was not necessarily critical of democracy itself, he was worried about its likely outcomes in the future. His criticism indicated that he wanted this mode of decision making and governance to be operated with utmost care. Addressing his audience on the then novel concept, Socrates said thus inter alia: “Thieves and fraudsters will want important government functions, and democracy will give it to them, when thieves and fraudsters finally democratically take authority because criminals and evil doers want power, there will be worse dictatorship than in the time of any monarchy or oligarchy”.
The above brief deposition on democracy is segmented into four parts that yield to critical analysis. The segments are (1) “Thieves and fraudsters will want important government functions”; (2) “democracy will give it to them”. (3) “When they finally democratically take authority because criminals and evil doers want power”; (4) “There will be worse dictatorship than in the time of any monarchy and oligarchy”. This piece interrogates contemporary Nigeria with special reference to the essence of democracy and power politics from the prism of these segments of Socrates’ perception of democracy. It is with trepidation that one reflects on the above centuries’ old saying vis-a-vis the reality of contemporary Nigeria with special reference to the Fourth Republic. With the prophetic exactitude of the averment for Nigeria, one could have sworn that Socrates looked into a giant celestial crystal ball for the then non-existent most populous nation in negrodom, perched on the coast of the Gulf of Guinea.
Five months into office as President of the Senate of the Federal Republic of Nigeria, Evan Enwerem was removed from office as a result of duplicity of names, fraudulent educational records, concealment of criminal records, etc. It was also during the same period that “Toronto” entered the lexicon of Nigerian politics, not as the name of a major city in a country in North America but as euphemism for certificate forgery. Incidentally and interestingly, the political head of Salisu Buhari rolled in that episode. He was later pardoned and reintegrated into the political fold through a political appointment. Today, public office holders who can, with every sense of responsibility, be justifiably referred to as “thieves and fraudsters” have finally taken authority. How else do we describe those with forged educational and birth certificates other than “thieves”?
Or how else do we describe those who deliberately manipulated the democratic process by hacking into voting machines and altering voting figures other than “fraudsters”? And how do you describe those who brazenly and audaciously grabbed, snatched and ran away with ballot papers and boxes into the “bush” other than “criminals and evil doers”? Socrates’ crystal ball certainly zeroed in on the futuristic Nigeria and we are all living in that future because all of the above have happened in Nigeria during the 25 years of the Fourth Republic. Hitherto esteemed eggheads have tainted the Ivory Tower by their inordinate quest for ignominious pecks; the judge’s gavel has morphed into auctioneer’s hammer thereby enfeebling the justice delivery system, the last bastion of hope of the citizen against the Leviathan. The moral fabric of the nation has been swept under the carpet and stench of technicalities.
Sprouting at the heels of the Hobbesian state of nature, when “life was nasty, brutish and short”, monarchies and oligarchies were characterised with unbridled use of power that degenerated into dictatorship. It is, therefore, very worrisome to note that Socrates envisaged that “there will be worse dictatorship than in the time of any monarchy or oligarchy”. This is where the Socrates’ averment under reference becomes ominous. The trending phrase of defiance “Go to court”, is reflective of a compromised judiciary and the hopelessness of the concept of rule of law in the Nigerian social milieu. How this will pan out regarding social order vis-a-vis lawlessness remains a subject of serious concern for social critiques. Given the proliferation of assault rifles in every nook and cranny of Nigeria, what is very likely in the not-too-distant future is that when the seed of disregard for law and order, which we have sown, germinates, government will depart from the democratic ideals of governance.
They will, inevitably, degenerate into dictatorship that may be worse than what obtained during the immediate post-Hobbesian monarchies and oligarchies; this will be necessitated by the need for government to use sufficient force to contain the lawlessness in the land and the resultant threat to peace. Political Science 101 teaches that “Power corrupts and absolute power corrupts absolutely”. At this point, there will be justification for the utilisation of extreme force to deal with the dire realities of the extreme situation. There and then, there will be absolute power that will birth dictatorship worse than what obtained “in the time of any monarchy or oligarchy”. No wonder it is said that since Socrates, no one has said anything new. At the point of the groundswell crises implied above and with powers reminiscent of the absolute powers associated with post-Hobbesian monarchies and oligarchies, Nigerian political leaders are acting like drunken captains of a sinking ship.
With the judicial delivery system sweeping the moral fabric of the nation under the filthy and nauseating carpets of technicalities, Nigeria is consistently and insidiously slipping down a slippery economic slope; and will speedily slide down the precipice of disintegration, if care is not taken. Socrates was right: democracy has given “thieves and fraudsters important government functions” in Nigeria because “criminals and evil doers” adorned in tainted wigs and gowns “want (financial) power”; and now, “dictatorship worse than in the time of any monarchy or oligarchy” is afoot. The tragedy is that, dazed in the hoodwink of religious bigotry, regionalism and ethnocentrism, Nigerians are stupefied and confused; and they are watching helplessly while morally stinking and sticky-fingered scoundrels in every sector of the economy are sinking the ship of the state. God help us all.
Prof. Osai is of Rivers State University, Port Harcourt.
On The Downward Spiral?
The removal of fuel subsidy by the President of Nigeria, Bola Ahmed Tinubu no sooner he was sworn into office as President of the Federal Republic of Nigeria, on May 29, 2023, was a bad omen for Nigerians.
President Tinubu had pleaded with Nigerians to bear with his administration on the removal of the subsidy and lulled gullible Nigerians into believing that with his decision to remove subsidy from fuel, Nigeria was on the speed lane to economic recovery from the stranglehold of “saboteurs” who he said are ripping off the country through fuel subsidy payment.
In a 25-page-paragraph ‘Democracy Day broadcast’ aired on television and radio stations, Tinubu said, “I admit that the decision to remove fuel subsidy will impose extra burden on the masses of our people. I feel your pain. This is one decision we must bear to save our country from going under and take our resources away from the stranglehold of a few unpatriotic elements.
“Painfully, I have asked you my compatriots to sacrifice a little more for the survival of our country. For your trust and belief, your sacrifice shall not be in vain.
“The Government I lead will repay through massive investment in transportation, infrastructure, education, regular power supply, healthcare and other public utilities that will improve the quality of lives…”
Unfortunately, 10 months after President Tinubu’s bogus and mouth-watering promises, nothing has happened to ameliorate the excruciating pains of fuel subsidy removal. Nigeria and Nigerians are worse than when the present administration came in. Resources have been removed from the stranglehold of few unpatriotic enemy elements and given to friendly-looters. What Nigerians have gained so far in return for fuel subsidy removal sacrifice, is compound suffering and hardship. The economy today is worse than when President Tinubu took over. The inflation rate, according to the National Bureau of Statistics, is above 29 percent. The exchange rate of dollar to Naira currency of Nigeria is one Dollar to about N1,600. Nigeria is going through hyperinflation: a bag of rice that was N48,000 when the present administration came in, is today about N80,000; a basin of garri is between N10,000 and N12,000 against N4,800, pump price of premium motor spirit is over N700 in some dispensing stations as against N180 when Tinubu came to power. A bag of cement is between N10,000 and N12,000, pushing up the cost of rent to an unbearable point, transportation has increased astronomically, negatively affecting economic activities. School fees have been increased like a phoenix, even in government-owned schools, unemployment is astronomically high and poverty and corruption are the second nature of the country. Yet, workers salaries are the same. Pensioners are like guinea pigs. Nigerians are dying, they need a respite.
Recently, there were protests in some States of Northern Nigeria to express displeasure over worsening economic situation in Nigeria.
The two central labour bodies in Nigeria- the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) last week gave the Federal Government under President Tinubu a 14 – day ultimatum to implement the agreement reached in October last year or face a total shut down of the wheel of industry and economy.
In fact, the world’s monetary organisation, the International Monetary Fund (IMF) has revealed that the stalled per capita growth, poverty and high food insecurity in Nigeria have worsened the ongoing cost-of-living crisis in Nigeria. This is as a result of rising inflation, exchange crisis, weak economic growth and business closures that have bedeviled the country’s economy. According to the International Monetary Fund, headline inflation reached 27 percent year-on-year in October, flood inflation 32 percent, reflecting the effect of fuel subsidy removal, exchange rate depreciation and poor agricultural production in Nigeria.
Repeal Contributory Pension In Rivers
To say the Contributory Pension Scheme (CPS) leaves much to be desired by public servants in Rivers State, is a mild expression of an exceedingly ugly situation. Retirees under the Contributory Pension Act are suffering because they are denied several years of benefits following non contribution of counterpart fund by employers for the period preceding the implementation of the amended 2014 Act. In 2004, retirees were compulsorily asked to join Annuity operated by Insurance company or programmed withdrawal under the Contributory Pension Scheme operated by Pension Fund Administrators under the control of PENCOM. By virtue of 2014 amended Act, the ugly narrative of retirees has not changed.
The obnoxious Contributory Pension Scheme denies retirees having greater share of lump sum after retirement and dispenses a paltry monthly pension to retirees across board under this scheme. Mr. John Paago (not his real names) served the Federal Government of Nigeria from July 15, 1981 and retired on July 15, 2016 on salary Grade Level 14, having worked for a mandatory period of 35 years and attained the maximum age of 60 years. For all the years he put in, the total balance standing to his credit was N6,745,823.34. Of this amount, he was paid a meagre 25 per cent which amounted to N1,686,455.84 while the balance of 75 per cent was retained by his Pension Fund Administrators for their investment in capital market and other large institutions with high returns which is never added to retirees’ paltry monthly pension payment while still alive. Paago receives N26,703.15 every month as Pension since 2016 till now, despite the huge profits declared every year under Contributory Pension Scheme. No doubt, the monthly pension given to Mr. Paago cannot buy a loaf of bread at the price of N1,000 currently per day for 30 days.
Unfortunately, every day prices of goods and services are on the increase unprecedentedly, while workers and retirees under the old scheme – Defined Benefit Scheme had their salaries and pension increased across all levels, the Contributory Pension Scheme retirees are abandoned to their fate. It is pertinent to say that retirees under the Contributory Pension Scheme face the same adverse socio-economic challenges like their counterparts under the Defined Benefit Scheme (DBS). Though the contributory pension scheme was designed to remedy the alleged deficiencies and inadequate funding of the DBS by pooling funds from employers and employees’ contributions to Pension Funds Custodians, retirees under the scheme, have not fared better than those who retired under the DBS. Conversely, the implementation of the contributory pension is a far cry from what its proponents lulled employees to believe. Complaints ranging from under payment of retirees under the scheme, despite several years of service (some of whom served for 35 mandatory years), corruption, non-compliance of State governments and other employers to provisions of the Reform Act, 2014, characterise implementation of the Scheme, which Labour leaders in the country describe as anti-workers and retirees welfare.
Dissatisfied with the scheme, the Association of Senior Civil Servants of Nigeria appealed to the Federal Government to scrap the scheme, describing it as a “huge fraud”.”The Present contributory pension policy of the federal government should be scrapped. We discovered lately that the pension policy is a fraud on workers”, posited Yusuf Emmanuel, Chairman-General Ministry of Defence Unit 2, Lagos Outstations. In the same vein, the Rivers State Chairman of Nigeria’s Mother Labour Unions – Nigerian Civil Service Union, also appealed to the Rivers State Governor, Sir Simirilayi Fubara to “outrightly repeal” the contributory pension scheme in Rivers State, because “It is not in the interest of civil servants”. Comrade Chuks Osummah, the Rivers State Chairman of the Nigeria Civil Service Union, who made the appeal at the event to mark the Union’s 111 years of existence in Nigeria, expressed worry over the fate of workers who will retire under the contributory pension scheme.
“We are calling on the Executive Governor of Rivers State to abolish the contributory pension act as it is not in the interest of Rivers State civil servants”, a worried Osummah said. The fears of public/civil servants are not unfounded because though over 25 States of the Federation have adopted the scheme in principle by enacting relevant legislation, only six States of the Federation and the Federal Capital Territory — Abuja, have fully complied with the provisions of the extant laws on the pension reform act. Full compliance and implementation of the scheme has remained an uphill task denting the integrity of the scheme and its purported benefits for workers in the public, private and informal sectors the scheme was designed to cover. It is also evident that while some State governments deduct and remit workers’ contribution, the states have failed to contribute their counterpart fund to the scheme; This violates provision of contributors’ right as enshrined in section 4(1) the Pension Reform Act 2014. The section provides that as an employee’s right, the employer shall contribute a minimum of 10 percent of the employee’s monthly emolument to his/her pension fund administrator. The employer will also deduct at source a minimum of eight percent of the worker’s emoluments and pay to their fund administrator.
By the deficiency of State governments and other employers to make their counterpart contributions, the scheme can not guarantee security for the welfare of the workers on retirement. The fate of employees, especially those working before the enactment and implementation, seems to hang on the balance; an aura and premonition of uncertainty on the seamless disbursement of what is legitimately their entitlement remains a puzzle, since they are likely to lose financial benefits for all the years they have served before the implementation of the Act in the State. The Scheme is intended to enable employees “Seamlessly transfer their accumulated funds when changing jobs, ensuring continuous growth and uninterrupted savings accumulator.” This mobility is aimed at empowering workers to “Pursue new opportunities without sacrificing their retirement security”.
The CPS covers: Public Servants working for the Federal Government of Nigeria, the Federal Capital Territory (FCT), each of the 36 States of the Federation, all the local government councils in Nigeria, employees in Private sector organisations where there are three or more employees, and those in the informal sector which covers any economic activity or source of income that is not fully regulated by the government and other public authorities. But the CPS which is supposed to improve on the old defined benefit scheme is fraught with several hydra-headed and multi-dimensional problems that negate the welfare of workers and retirees. It is sound to argue that since the Pension Reforms Act was enacted in 2014, it should have excluded workers already employed in the public sector before 2014, when the law was enacted.
The effective date should not have been retrospective, or backdated because the effective date of implementation can shortchange workers employed before 2014. Workers still in active service should rise against the retrogressive scheme’s servitude . The Rivers State Government under the humane, compassionate and empathetic Governor Siminalayi Fubara should abrogate the contributory pension act as applicable in Rivers State or defer the effective date of implementation to affect only workers who were employed into the Public Service after 2014. Those employed before 2014 should remain under the defined benefit scheme. If the contributory pension scheme was not without flaws, Former President Muhammadu Buhari would not have assented to National Assembly Workers Pension Scheme few days before he left office, thus removing National Assembly Workers from the contributory pension scheme. Governor Fubara can do same for public servants in Rivers State.
Nation5 days ago
Aiyedatiwa Declares Public Holidays In Ondo To Honour Late Akeredolu
Health5 days ago
Ogun Seals College’s Nursing Department Over Illegal Operations
Business5 days ago
NCS Consolidates Modernisation Project For Trade Facilitation
News5 days ago
Edo Deputy Gov, Nine Others Jostle For PDP Guber Ticket, ‘Morrow
Niger Delta5 days ago
Akwa Ibom Gov Tasks Corps Members Against Social Vices
News5 days ago
Substance Abuse Becoming Thing Of Concern -Odu
Nation5 days ago
Disconnection Notice: Tinubu Directs Payment Of Presidential Villa’s Outstanding Electricity Bill
Ict/Telecom5 days ago
‘No Going Back On Plans Against Passport Racketeers’