Opinion

Rule Of Law Versus Presidential Directive

Published

3 years ago

January 10, 2024

The former Editor of Manchester Guardian, Charles Prestwich Scott (20th October 1864 to first January 1932), is widely quoted as saying, “Comment is free but facts are Sacred”.This maxim is not only realistic but also in tandem with the remarks of Jesus Christ when He, said, It is written, in Matthew Chapter 4, verse 4 in the story of temptation as written in the Bible. As if that is not enough, Pan Africanist and Ghanaian Leader, Kwame Nkrumah, is quoted as saying, “A principle is either wholly kept or wholly abandoned and that any slightest compromise means the total abandonment of the principle. From the fore going, the remarks of Jesus Christ, Charles Prestwich Scott, and Kwame Nkrumah are all needed to build an egalitarian society, including operating constitutional democracy and Rule of Law.
It is for this reason a textual analysis of the recent Presidential Directive is needed to evaluate the order by President Ahmed Bola Tinubu with regard to recent political crisis in Rivers State. President Tinubu not long ago summoned a meeting in the Presidential Villa to broker peace between Governor Siminalayi Fubara, FCT Minister, Nyesom Wike and other stakeholders comprising the Deputy Governor, Professor Ngozi Odu, defected former Speaker, Rivers State House of Assembly, Martin Amaewhule, Chief Security Adviser, Nuhu Ribadu, Chief of Staff, Femi Gbajabiamila, Chief Adokiye Amesimaka, David Briggs, among others.The truce emanating from the all-important meeting states an 8-point guidelines and they are as follows: All matters instituted in the courts by warring parties should be withdrawn immediately, all impeachment proceedings initiated against Governor Fubara by Rivers State House of Assembly be dropped immediately, to recognise the leadership of Martin Amaewhule of the Rivers State House of Assembly and not that of Edison Ehie and by implication recognise the 26 Legislators who had voluntarily defected to the APC.
The resolution include payment of the remuneration and benefits of all 26 legislators and their staff must be re-instated and Governor Fubara henceforth should not interfere with the full funding of the state Legislature while the Rivers State House of Assembly shall choose where they want to sit, the Governor of Rivers State shall re-present the state budget proposal to a properly constituted Rivers State House of Assembly.

The names of all commissioners of the state executive council who had resigned their appointments should be resubmitted to the House of Assembly for approval and lastly there should not be a caretaker committee for the LGAs in the state. It is worthy of note that the political crisis in Rivers State deepened when the Martin Amaewhule-led faction launched impeachment moves against Governor Siminalayi Fubara, suspended the majority leader, Edison Ehie, after which the hallowed chamber was burnt, accompanied by defection of 26 members to APC and demolition of the whole Rivers State House of Assembly Complex.
A scatting evaluation of the 8-point truce suggests a lopsided or one-sided truce in favour of former Governor Nyesom Wike and President Bola Ahmed Tinubu for which Governor Siminalayi Fubara just signed. It is on record that the lopsided truce has attracted mixed reactions, outright and widespread condemnations for about two weeks..Ijaw Leader and Elder Statesman, Chief Edwin Clark, Former Commissioner for Works, Rivers State, David Briggs, Ann Ann-kio Briggs, Amabipi Martin and some environmentalists in Ogoni tribe have all condemned the one-sided truce. Besides, the 8-point truce has opened up serious legal and constitutional matters in Nigerian polity few months after legal tussles that characterised Election Petitions Appeal that ended in the Supreme Court as well as off season elections in Imo, Kogi and Bayelsa States.
It remains a puzzle that the 26 State Legislators who resigned were asked to return to their seats with full financial benefits and remunerations to be indemnified, but nothing was said to them to return to their former party, the PDP. Worse still, Governor Fubara was also asked to re-present 2024 budget proposal to the House of Assembly and the Commissioners who voluntarily resigned should be reconsidered by Governor Fubara to be re-represented to the Rivers State House of Assembly. At this juncture, one may ask, is Nigeria running a constitution democracy based on Rule of Law or Rule of Man or Presidential Directive as exhibited by the government of President Ahmed Bola Tinubu.
The recent development of President Tinubu has called to memory the song of legendry singer, Sunny Oko-Sun, when he sang “which way Nigeria”This is because president Tinubu on the day of swearing in or inauguration swore an oath to govern, and rule by the constitution of the Federal Republic of Nigeria. For instance, section 109 sub section 1 (g) states that:(1) A member of a House of Assembly shall vacate his seat in the House if-(g) being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected:Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored.Truly, comment is free but facts are sacred.
It is also on record that the Edison Ehie-led group obtained an exparte order restraining Martin Amaewhule and Dumle Maol as Speaker and Deputy Speaker, respectively while Amaewhule and Moal on the other hand went to another High Court of same jurisdiction to obtain another exparte order when the court orders have not been vacated.This is where the lamentation of American Essayists, Sylvia Pratt, who wrote in the famous poem, “Conversation Among the Ruined,” comes to mind, “which such blight wrought on our bankrupt estate, what ceremony of words can patch the havoc”. It is in-fact, appauling that Nigeria is declining from bad election, to courtocracy and rule of man in place of constitutional democracy.
The attention of President Bola Ahmed Tinubu should be drawn to the fact that he is not only taciturn but also evasive on Rale of Law but to build a virile society where the political class and leadership should not trivialise constitutional orders.I am glad that senior Advocate of Nigeria, Femi Falana, had drawn the attention of President Tinubu to this fact. Surprisingly, the PDP has not been vocal enough.The fact that Independent National Electoral Commission should go ahead and conduct election into the Vacant 26 seats of Rivers State House of Assembly is not strong enough but to test the efficacy of the constitution in court. No PDP Governor has visited Governor Fubara; whereas opposition party.Former Vice President Atiku Abubaka has also not visited and identified with Governor Fubara even as Governor Fubara has not opened-up enough to meet his party–the PDP.
The gap in the truce brokered by President Tinubu has left many with the mindset that the drama gives an impression that the scenario is tending towards forcing Governor Fubara and the entire State to be APC State before 2027 elections. It is therefore pertinent to appeal to well-meaning individuals, Christian Association of Nigeria (CAN) to intervene more than ever, now that the political impasse has not resulted in bloodbath. One thing is necessary; Rivers People should not gravitate towards ethnic lines but avoid ethnic bias. It may be necessary for the FCT Minister and his supporters to remember that crisis does no’ one any good but people,.no one, be it President Tinubu or FCT Minister, Nyesom Wike should not constitute themselves as an appellate court while Governor Fubara must talk out so that Rivers people can know their prayer points to present to God. It is welcoming that Governor Siminalayi Fubara has indicated to pay any price for peace even as both sides need to sacrifice pride and personal aggrandisement to engender peaceful co-existence.
Sika is a social/political analyst

Opinion

Checking Voter Apathy In Nigeria’s Electoral Process

Published

2 days ago

October 26, 2026

The Tide

Quote:“Apathy may express frustration, but surrendering our votes only gives others greater power to determine our future. Nigeria needs credible elections, accountable leaders and citizens who refuse to abandon their democratic rights.”

“I actually don’t know what is wrong with this country called Nigeria. Nothing will ever make me go out under the scorching sun to vote for anybody again. After all, my vote doesn’t count. “We go out and vote, but in the end, they announce whatever result they want and tell the opponents to go to court. Is this the Nigeria we all want?” These are the frustrations of many Nigerians who have lost faith in the electoral process. For them, elections have become a cycle of high expectations, alleged irregularities and disappointing outcomes. Consequently, many are becoming indifferent to how political leaders emerge and what they do after assuming office. This growing voter apathy poses a serious threat to Nigeria’s democracy and must be addressed before the 2027 general election.

Some politicians, including councillors, local government chairmen, members of the House of Representatives, senators and governors, have disappointed the people they were elected to represent. Constituents who expect their representatives to address pressing community needs often complain of neglect, poor performance and limited engagement after elections.bAs Chinua Achebe’s celebrated novel, “Things Fall Apart”, suggests, things appear to be falling apart in Nigeria’s electoral system. Yet, withdrawing from the electoral process is not the solution. Rather, it could worsen the situation by allowing a relatively small proportion of voters to determine the country’s political future. Recently, the National Orientation Agency (NOA) launched a nationwide grassroots mobilisation campaign to address voter apathy, vote buying and electoral violence ahead of the 2027 general election.

The campaign, themed “Your Vote, Your Voice, Our Future: Say No to Apathy, Vote Buying and Violence. Let’s Build a United Nigeria in 2027,” was inaugurated in Abuja. Speaking at the event, the Minister of Information and National Orientation, Mohammed Idris, commended the agency for the initiative, emphasizing that citizens must recognize the importance of their votes in determining the country’s political leadership and future. He warned that voter apathy, vote buying and electoral violence threatened democratic development, calling for stronger collaboration among government institutions, electoral authorities, security agencies, community leaders and citizens. The Director-General of the NOA, Mallam Lanre Issa-Onilu, explained that the agency would deploy its state directorates across the 36 states and the Federal Capital Territory to promote responsible electoral participation.

The campaign will use local languages, radio programmes, town hall meetings, community dialogues, drama and digital platforms to reach Nigerians in both urban and rural communities. The Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Ojo Amupitan, also reaffirmed the commission’s commitment to conducting free, fair, transparent, inclusive and credible elections in 2027. He stressed the importance of early preparation, stakeholder collaboration and active citizen participation. These initiatives are commendable. However, their success will depend on sustained implementation rather than public announcements alone. Voter education must continue beyond election periods, while electoral institutions must demonstrate through their conduct that citizens’ votes deserve protection.

The government, political parties, electoral authorities and civil society organisations (CSOs) all have important roles to play. First, governments must demonstrate genuine commitment to credible elections by rejecting electoral manipulation, vote buying and the use of thugs to intimidate voters. Electoral offences must be investigated and prosecuted in accordance with the law. Security agencies must also remain professional and impartial throughout the electoral process. Beyond elections, elected officials must deliver the dividends of democracy. Reliable electricity, accessible healthcare, quality education, good roads and employment opportunities can help restore public confidence in governance. Citizens are more likely to participate when they see that democracy can improve their lives.

Political officeholders must also change their attitude towards their constituencies. Representatives should maintain regular contact with their constituents, explain their activities and demonstrate how they address local concerns. Representation should not end with election campaigns, nor should elected officials remember their constituents only when another election approaches. CSOs and political parties must intensify voter education, helping citizens understand that voting is a fundamental democratic right and an important means of holding leaders accountable. Voters should also learn to verify electoral information, report irregularities through appropriate channels and reject inducements that compromise their choices.

The electorate, too, has responsibilities. Voters must resist the temptation to sell their votes for money, food or other temporary benefits. Although economic hardship makes such inducements attractive to some, selling a vote undermines the opportunity to demand accountable leadership. Equally important is the rejection of electoral violence and misinformation. Nigerians must learn to disagree politically without becoming enemies. Citizens should verify claims before sharing them, particularly on social media, and report suspected electoral malpractice to the appropriate authorities. Participation also extends beyond voting. Citizens can attend community meetings, question elected representatives, monitor public projects and demand transparency between elections.

Nevertheless, citizens cannot be expected to sustain enthusiasm when credible complaints are ignored or electoral processes lack public confidence. INEC must therefore strengthen transparency, improve election logistics, communicate promptly and ensure that electoral complaints are handled in accordance with the law. Where disputes arise, the courts must provide lawful remedies. Nigeria’s democracy cannot thrive when eligible voters surrender their voices out of frustration. Restoring participation requires more than urging people to turn out on election day. It demands credible elections, responsible leadership, effective civic education and accountability. The 2027 general election presents an opportunity to rebuild public trust.

The NOA campaign is a welcome step, but all stakeholders must translate its message into action. Every eligible Nigerian should understand that a vote is not merely a mark on a ballot paper; it is an opportunity to influence the country’s future. Apathy may express frustration, but active and responsible participation offers a better chance of achieving change. The time to restore confidence in Nigeria’s electoral process is now. The earlier we act, the better for our democracy and future generations.

By: Calista Ezeaku

Opinion

Oil Exploration Mustn’t Cost Lives

Published

2 days ago

October 26, 2026

The Tide

Quote: “No oil vessel, commercial contract or operational deadline is worth the loss of innocent lives; where environmental grievances are ignored and dialogue gives way to confrontation, the entire society pays a price that no compensation can adequately erase.”

The recent boat tragedy in Kula Kingdom, Akuku-Toru Local Government Area of Rivers State, has highlighted the troubling relationship between petroleum operations, environmental grievances and the safety of oil-producing communities. The reported loss of lives during a confrontation over an oil vessel is a painful reminder that commercial interests must never overshadow human life. The incident occurred on October 20, 2026, along the Robertkiri waterways of Kula, when a community boat capsized amid tensions surrounding the movement of the ANAMBRA BASIN Floating Storage and Offloading (FSO) vessel. Community members were reportedly protesting unresolved concerns over an alleged oil spill, environmental remediation and other outstanding obligations. Reports initially indicated that 10 people were feared dead. However, TheCable reported on October 23 that seven people had died, with five bodies recovered and two others missing. Investigations are needed to establish the circumstances surrounding the incident.

The tragedy raises fundamental questions about how disputes between oil-related businesses and host communities are managed. Why should disagreements over environmental concerns and contractual obligations escalate into situations involving loss of lives? What mechanisms exist to address grievances before they develop into dangerous confrontations? These questions demand urgent and impartial answers. For decades, communities across the Niger Delta have complained about oil pollution, damaged fishing grounds, declining livelihoods and inadequate environmental remediation. In riverine settlements such as Kula, fishing sustains many households. Pollution therefore threatens not only the environment but also food security, family income and children’s welfare.

Allegations of oil spills must not be dismissed as routine complaints or obstacles to petroleum operations. They require prompt investigation, independent environmental assessment and appropriate remediation wherever pollution is established. Disputes over compensation or contractual obligations should be resolved transparently, using verifiable records rather than confrontation. The incident also highlights the need to clarify responsibilities among vessel owners, contractors, petroleum operators and other parties. Max Shipping Services Limited, owner of the ANAMBRA BASIN vessel, has denied responsibility for the underlying oilfield operations and explained that the vessel was hired to Menal Technical Services Limited. These claims must be examined alongside community allegations and available evidence. No company should be condemned without proof, but contractual arrangements must not shield anyone from established responsibility.

Equally important is the reported involvement of armed security personnel in the confrontation. Security agencies have a legitimate duty to maintain law and order and protect lives. However, their operations require professionalism, restraint and sound judgement, especially in tense communities. Armed personnel deployed to manage disputes should help de-escalate tensions, protect civilians and facilitate peaceful resolution. Investigators must establish the circumstances surrounding their deployment, the sequence of events leading to the boat’s capsizing and whether reasonable precautions were taken. All parties deserve a fair hearing, and anyone found culpable should face appropriate legal consequences. The Rivers State Government must not treat the incident merely as a marine accident without examining its underlying grievances.

Beyond expressing sympathy, government should support a credible investigation, assist affected families and facilitate engagement among the community, companies and regulatory agencies. Every necessary effort should also be made to locate the missing persons. Environmental and petroleum regulators must independently investigate the alleged spill and determine whether remediation is necessary. Where pollution is confirmed, responsible parties must fulfil their legal obligations. The Petroleum Industry Act provides a framework for host-community development and environmental responsibilities; these provisions must deliver practical protection for affected communities. Community leaders and youths must equally pursue legitimate demands through peaceful and lawful channels. This does not require silence in the face of pollution or alleged breaches of agreements. Rather, petitions, negotiations, peaceful protests and legal remedies can advance accountability without exposing residents to avoidable danger.

Companies and contractors must maintain effective communication with host communities and address complaints promptly, rather than engage only when disputes threaten operations. Government must intervene early, not wait until tensions erupt. Transparent agreements, independent assessments and accessible grievance mechanisms can prevent misunderstandings from escalating into deadly confrontations. The Niger Delta has endured decades of environmental concerns and disputes over the benefits and burdens of petroleum extraction. Its people should not have to risk their lives to secure attention to legitimate grievances. Oil revenue cannot justify preventable deaths or the neglect of communities where extraction takes place.

The Kula tragedy must become a turning point. Authorities must establish the truth, determine responsibility based on evidence, support bereaved families and ensure legitimate environmental concerns receive attention. Ultimately, petroleum operations should be judged not only by revenue generated or crude oil transported, but also by whether host communities enjoy environmental protection, economic opportunity and personal safety. Oil profits must never cost lives. Kula deserves justice, transparency and lasting solutions. The deaths on its waterways must not become another statistic in the Niger Delta’s troubled history. They must remind every responsible institution that no commercial interest is more valuable than human life.

By: Sylvia ThankGod-Amadi

Opinion

Gift Or Will: Why Wait Until Death To Give?

Published

1 week ago

October 19, 2026

The Tide

Quote:”The value of wealth is measured not only by what a person leaves behind but also by the good it accomplishes during that person’s lifetime. Why wait until death to give when we can make a meaningful difference in the lives of those we love today?”

Will and gifts are subjects that many people, particularly in this part of the world, are reluctant to discuss. This may be due to the misconception that they are matters reserved for the dying and that talking about them could somehow invite death. Yet, both are important subjects that everyone, young and old alike, should understand. Every property owner should ask a fundamental question: Why wait until death before allowing the people we love to enjoy the fruits of our labour? Many parents spend their productive years acquiring houses, land, businesses and other valuable assets, yet postpone sharing these blessings with their children and loved ones until they are no longer alive. They prepare Wills, appoint executors and hope their wishes will eventually be fulfilled. But is there a case for giving more generously during one’s lifetime?

A Will is an important legal instrument, and nobody should be discouraged from making one. However, lifetime gifts deserve greater attention because they allow property owners to witness the benefits of their generosity and, where properly completed, transfer ownership before death. One practical difficulty with inheritance is that writing a Will does not automatically make the property available to beneficiaries upon the testator’s death. Ordinarily, executors must obtain a grant of probate from the appropriate Probate Registry before administering the estate under the Will. The process may involve producing the original Will and death certificate, identifying executors and beneficiaries, preparing an inventory and valuation of assets, completing prescribed forms, paying applicable fees and satisfying other registry requirements. Procedures vary across jurisdictions in the country and depend on the circumstances of each estate.

Where documentation is incomplete, the estate is complex or questions arise about the Will, administration may be delayed. Matters become more difficult when a relative or beneficiary challenges the Will, enters a caveat or commences litigation. Legal expenses accumulate, family relationships deteriorate, and intended beneficiaries may wait for years before receiving their inheritance. A child expecting to inherit a house may be unable to deal freely with the property while administration remains outstanding. Similarly, a beneficiary hoping to use inherited funds to establish a business may be frustrated by delays. Across Nigeria, families have experienced difficulties accessing their late parents’ estates because of disputes over Wills and prolonged legal proceedings. See Dan Jumbo v Dan Jumbo. Where a court declares a Will invalid, those named as beneficiaries may lose their entitlement under that document, and the estate may instead be distributed under the applicable intestacy rules. Consequently, people the deceased deliberately intended to benefit may receive nothing under the disputed Will. Ajibaiye v Ajibaiye

This does not mean every challenge will succeed or that all beneficiaries will necessarily be excluded. It nevertheless highlights a risk in postponing every act of generosity until death: the intended beneficiaries may have to establish their entitlement through a process whose outcome is uncertain. A lifetime gift, commonly called a gift inter vivos, is a gift intended to take effect during the donor’s lifetime. Where validly completed, ownership of the transferred interest generally passes to the beneficiary, and the property ordinarily ceases to form part of the donor’s estate.This distinction is significant. A beneficiary who acquires valid ownership of property during the donor’s lifetime does not ordinarily have to establish entitlement to that property through the donor’s Will. The claim rests on the completed transfer rather than a testamentary promise. For instance, a parent with several properties may transfer a house to a child who needs accommodation or give land to another who wishes to build a home. A business owner may transfer an interest in a business to a child already involved in its management. These arrangements provide practical support while allowing the giver to witness the benefits.

Properly completed lifetime gifts may also reduce the assets that must subsequently pass through probate, potentially simplifying the administration of the remaining estate. However, such transfers must comply with applicable law. A mere declaration or unfulfilled promise to give land may not be sufficient. Depending on the circumstances, a gift may require an appropriate deed, acceptance, execution, registration and any necessary consent. Sections 21 and 22 of the Land Use Act 1978 regulate certain dealings involving statutory and customary rights of occupancy. Lifetime gifts are not immune from disputes though. Transfers may be challenged on grounds such as fraud, undue influence, incapacity or failure to comply with legal formalities. Proper legal advice and documentation are therefore essential. Encouraging lifetime gifts does not mean abandoning Wills. A Will remains useful for assets an owner wishes to retain throughout life, property acquired later and assets not transferred before death. It also allows the testator to appoint executors and give instructions for distributing the remaining estate.

Property owners must also avoid giving away assets indiscriminately. Adequate provision should be made for personal upkeep, accommodation, healthcare and other financial responsibilities. Parents should never be pressured into transferring their entire estates or surrendering their financial independence. Where a donor wishes to retain the right to occupy a gifted house, that arrangement should be properly structured and documented. Ultimately, the value of wealth is measured not only by what a person leaves behind but also by the good it accomplishes during that person’s lifetime. A gift of land may enable a child to build a home; financial assistance may help a young person establish a business; and a properly transferred property may provide security while the donor is still alive to share in the beneficiary’s joy. Probate is a necessary safeguard, not a reason to dismiss Wills. Nevertheless, where appropriate, lifetime gifts can reduce the property left for administration and help beneficiaries avoid waiting for assets that could have been transferred earlier.

My appeal is simple: let us cultivate a culture of thoughtful giving. Make a Will, but also consider what you can responsibly give today. Seek legal advice, document your intentions and ensure every transfer is properly completed. Why wait until death to give when we can make a meaningful difference in the lives of those we love today?

By: Calista Ezeaku