Editorial
Chinese Loan: Need For Caution
The Minister of Transportation, Mr Chibuike Rotimi Amaechi, is expected to appear before the
House of Representatives Committee on Treaties on Monday, August 17, 2020, to provide detailed answers on the $500 million loan to be sourced from the Export-Import Bank of China for railway lines in the country among others. To appear alongside the Minister are his Communications and Finance counterparts, Dr Ali Isa Pantami and Mrs Zainab Ahmed respectively, including the Director-General of the Debt Management Office (DMO), Ms Patience Oniha.
Issuing the invitation order on Tuesday, July 28, 2020, the House Committee on Treaties under the Chairmanship of Rep. Nicholas Ossai raised the alarm over alleged waiver of Nigeria’s Sovereignty in the Federal Government’s concessions loan agreement on Nigeria National Information and Communications Technology Infrastructure Backbone Phase II project between the government of Nigeria, represented by the Federal Ministry of Finance (borrower) and the Export – Import Bank of China (lender) dated September 5, 2018.
The Committee specifically cited Article 8 (1) of the agreement which states that “the borrower hereby irrevocably waives any immunity on the ground of sovereign or otherwise for itself or its property in connection with any arbitration proceeding pursuant to Article 8 (5), thereof with the enforcement of any arbitral award pursuant thereto, except for the military assets and diplomatic assets”.
As the nation waits to get clarification on the issues from the federal authorities under legislative scrutiny, not a few strategic stakeholders and other well-meaning groups and individuals have volunteered critical opinions and informed views on the matter.
The main opposition political party in the country, the Peoples Democratic Party (PDP), has berated the Federal Government and the ruling All Progressives Congress (APC) for the development, describing it as offensive and a “reprehensible pawning of our sovereignty to a foreign interest”, adding that “the gambling with our sovereignty amounts to unpardonable treachery against our nation and the future of our generations yet unborn”.
While expressing the view that such stringent conditions in a contractual agreement indicated a loss of confidence on the President Muhammadu Buhari-led administration by the international community, the PDP insisted that the nation cannot afford to cede our sovereignty or mortgage any part of the country under any guise as condition for accessing any loan.
The Socio-Economic Rights and Accountability Project (SERAP) took its reaction a notch further by instituting a legal action in suit number FHC/ABJ/CS/785/2020, seeking “an order of mandamus to direct and compel President Muhammadu Buhari to tell Nigerians the names of countries and bodies that have given the loans, specific repayment conditions, and whether any public officers solicited and/or received bribes in the negotiations for any of the loans and if there is plan to audit the spending of the loans, to resolve any allegations of mismanagement and corruption”.
While SERAP acknowledged that access to loans could provide badly needed resources, the body expressed worry that “the massive and growing national debts have continued to have negative impacts on socio-economic development and on Nigerians’ access to public goods and services, including quality education, adequate healthcare, clean water, and regular electricity supply”.
Accordingly, the view has been expressed in many quarters that Nigerians have, over time, lost confidence in government when it comes to international agreements as exemplified in the on-going case between Nigeria and Process and Industrial Development (P&ID) in which the sum of $9.6 billion is still pending against the country due to an agreement signed by government officials.
According to Dr Reuben Abati, a veteran journalist and former Chief Press Secretary to former President Goodluck Jonathan, “in the case of China, the aforementioned Article 8 (1) refers to such words as “arbitration”, “property”, “enforcement of arbitral award”. These are the same key words in the P&ID case”.
He pointed out that “China helped Sri Lanka to build the port of Hambantota. Both countries signed an agreement similar to the one Nigeria signed with the Export-Import Bank of China. Today, China runs that port with Chinese personnel. “In Djibouti, the Chinese are in charge of the ports too, just because Djibouti borrowed money it could not pay back.
“In Zambia, for similar reasons, China is now controlling the Zambia National Broadcasting Corporation. China is also planning to take over the Zambia National Electricity Corporation. “There have been issues as well with China’s relations with Kenya, Democratic Republic of Congo and other African countries”.
While The Tide acknowledges the huge deficit in critical infrastructure in the country, the lack of desperately needed resources to address the situation and the acquisition of loans from willing creditors as a veritable source of finance, concession agreements with clauses that could further encumber our already distressed economy and put the socio-economic wellbeing of present and future generations of Nigerians in jeopardy should be outrightly rejected.
This is why we agree with well-meaning Nigerians that the explanations by the Federal Government through the Attorney General of the Federation and the Minister of Transportation that Nigeria’s existence as an independent nation with full authority of self-determination is not at risk in the country’s loan agreement with China gives very little comfort, consolation and confidence.
The Tide insists that the China loan agreement, and indeed every other loan agreement entered into on behalf of the Nigerian people by the Federal Government and other international bodies, should be critically reviewed with a view to identifying and expunging clauses and articles that could hurt the country, even as we urge the central administration to ensure that only competent and patriotic hands are engaged to sign international agreements on behalf of the country.
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INEC’s Threat Alert Deserves Urgent Attention
The Independent National Electoral Commission’s (INEC) disclosure of an alleged plot to target its ad hoc personnel ahead of the 2027 general elections demand urgent national attention. The reported arrest of suspects, with intelligence support from the Department of State Services (DSS), is encouraging, but must not breed complacency. Any attack on electoral workers threatens not only human lives but also Nigerians’ constitutional right to choose their leaders through credible elections. The alleged conspiracy must be thoroughly investigated, its sponsors identified and all those found culpable prosecuted.
Particularly troubling is the reported targeting of National Youth Service Corps (NYSC) members, who play a vital role in Nigeria’s electoral process. Many serve far from home and undertake sensitive assignments at polling units and other electoral locations. As civilians, they should not be exposed to intimidation, abduction or violence without adequate protection. If election workers are vulnerable, the safety of other officials, observers and voters cannot be guaranteed.
Nigeria’s electoral history offers painful lessons. Human Rights Watch reported in Nigeria’s Post-Election Violence, published in May 2011, that more than 800 people died in the violence following the 2011 general elections. NYSC members serving as electoral officials were among the victims. This tragedy underscores the deadly consequences of political tension, incitement and disputed outcomes. Nigeria must act on the latest warning before another preventable disaster occurs.
INEC deserves recognition for uncovering the alleged plot, while the DSS and other security agencies merit commendation for their reported assistance. However, arrests are only the beginning. Investigators must establish the suspects’ identities, motives, networks and intended targets, ensuring that evidence is admissible in court. The process must remain impartial and free from political interference. Credible public updates are also necessary, provided they do not compromise investigations or operational security.
The authorities must adopt a comprehensive, intelligence-led security strategy for 2027. INEC’s proposed security conference should produce practical measures developed in collaboration with the Inter-Agency Consultative Committee on Election Security (ICCES), the police, the DSS and other relevant agencies. Threat assessments should guide personnel deployment, secure transportation, emergency communications, evacuation procedures and rapid response. Protection must extend beyond polling day to the distribution of sensitive materials, collation centres and the safe return of ad hoc personnel.
Those who provide intelligence must also be protected from retaliation. Confidential reporting channels and appropriate safeguards should be established for informants and others assisting investigations. Equally, security deployments must not intimidate voters or facilitate political repression. Personnel should act professionally, impartially and proportionately, within the law. Clear mechanisms for reporting misconduct and investigating abuses are essential to maintaining public confidence.
The threat also highlights broader concerns about trust in the electoral system. The European Union Election Observation Mission’s June 2023 final report identified shortcomings in transparency and operational implementation during Nigeria’s 2023 general elections, alongside concerns about the legal framework and electoral dispute resolution. Credible elections require more than security; they depend on transparent procedures, accountable officials and consistent enforcement of electoral laws. INEC must demonstrate measurable progress in addressing previously identified weaknesses.
Voter apathy presents another challenge. INEC’s published figures indicate that approximately 25 million people voted in the 2023 presidential election, out of about 93.5 million registered voters, a turnout of roughly 26.7 per cent. Although insecurity is not the sole cause of low participation, threats against electoral personnel can heighten public anxiety and discourage voters from exercising their franchise. INEC should strengthen civic education, improve polling accessibility and communicate procedures clearly. Political parties, civil society and the media must promote peaceful participation and reject electoral intimidation.
Misinformation and manipulated digital content pose additional risks. False reports, fabricated announcements and deepfake videos can inflame tensions, impersonate officials and mislead voters. INEC should establish a well-resourced, rapid-response communication system supported by verified digital channels and timely public statements. Collaboration with credible media organisations and fact-checkers would help counter falsehoods without suppressing legitimate criticism. Clear, consistent communication is indispensable, as administrative confusion and delayed explanations often allow rumours to spread.
Electoral integrity must also begin within INEC itself. The chairman’s warning against partisanship, negligence, extortion and ethical misconduct deserves serious attention. Security measures cannot compensate for officials who abuse their positions or disregard established procedures. INEC should strengthen staff training, ensure transparent recruitment and deployment, provide secure channels for reporting misconduct and enforce disciplinary rules consistently. Allegations of bribery and political interference must be investigated regardless of rank, while ad hoc personnel should receive adequate briefing, support and prompt payment.
The legal framework also requires clarity and consistent enforcement. INEC should explain the precise provisions and applicability of Section 26 of the Electoral Act 2026, including the obligations of electoral officials and security personnel, and publish authoritative guidance on neutrality and professional conduct. Complaints by opposition parties that they have been prevented from campaigning in certain states must likewise be investigated impartially. Any established violations should attract appropriate corrective action. Electoral fairness requires not only impartial polling officials but also lawful campaigning, access to competing viewpoints and freedom from intimidation.
The alleged plot against INEC’s ad hoc personnel is a warning against complacency ahead of the 2027 general election. Governments, security agencies, INEC, political parties and civil society must work together to prevent violence, punish misconduct and protect citizens’ participation. The commission should communicate its security priorities, maintain accessible threat-reporting channels and provide periodic updates on preparedness. Nigeria’s democracy cannot be safeguarded by assurances alone; it requires demonstrable preparation, impartial law enforcement and an unwavering commitment to free, fair and credible elections.
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