Opinion

The Riddle Of The “And”

Published

3 years ago

April 3, 2023

It is now more than a month since the 2023 presidential election.
The election has been won and lost, and the certificate of return has been given to the winner, Bola Armed Tinubu of the All Progressives Congress (APC). The date of inauguration of the new government has already been fixed for May 29, 2023, in line with the nation’s evolving democratic tradition. In preparation for this epoch- making event, the victor of February 25, 2023, jetted off to France for a well deserved rest after spending time in the political trench. It won’t be out of place to also assume that Nigeria’s president- elect spent the time to drink deep from the fountain of wisdom in order to lead the largest black nation on earth, with its numerous ethnic groups, gapping religious and tribal fault lines, and intractable security situation.

The pulse of the nation indicates an uneasy calm, but it is certain, at least from the utterances of the Peoples Democratic Party (PDP) flag bearer, Atiku Abubarkar, and his Labour Party counterpart, Peter Obi, that there won’t be any major protest in the likes of the 2020 #EndSARS protest that brought the nation to its knees. Nevertheless, the unusual calm is a prelude to imminent legal fireworks, the likes the nation has never witnessed before. Already, the first runner up, Atiku Abubarkar of the PDP, and third place Peter Obi of the Labour Party have set the stage by filing their petitions at the presidential elections tribunal sitting in Abuja.The petition of the Labour Party and its candidate has five prayers; however, the second prayer is of particular interest in this discuss, and it reads as follows: “That it be determined that the 2nd Respondent having failed to score one-quarter of the votes cast at the Presidential election in the Federal Capital Territory, Abuja, was not entitled to be declared and returned as the winner of the Presidential election held on 25th February 2023.”

It is clear that the impetus for this second prayer derives from Section 134(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and particularly sub-paragraph (b) which provides that: “ A candidate for an election to the office of the President shall be deemed to have been duly elected where, there being more than two candidates for the election – (a) he has the highest number of votes cast at the election; and (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.”It is very surprising, but in any case, very interesting that the conjunction ‘and’ has been at the centre of the argument even before the President -elect was announced. In a very funny way, the ‘and’ puzzle reminds me of the case of the blind men and the elephant. For one, the animal was a long tail, for another it was a tux, yet for another, it was a very large ear, and so on. However, the elephant in this case is the constitution, and there are no blind men, rather learned men who go by the highly exalted title: Senior Advocate of Nigeria (SAN) – and they are poised to put multifarious explanations to flight.

The law has no emotions, but we can be rest assured that the legal luminaries on both sides of the isle are set to make the elephant dance. But before the real fireworks begin, some of the renowned legal minds of our time are already thrilling anxious Nigerians with their own interpretation of Section 134(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), particularly sub-paragraph (b) which is the bone of contention. Most of them have been on TV and other platforms recently to help unlearned men like me make sense of the import of the conjunction ‘and’ as it is used in this particular statement: “he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.”In their argument regarding this portion of the constitution, there is a point of convergence; however, there is also a sticky point of departure where the mathematics of the Constitution pitched them in diametrically opposed positions.

They are all in agreement, that Section 299(1) of the Constitution, which provides that the provisions of the Constitution shall apply to the Federal Capital Territory (FCT), as if it were one of the States of the Federation, with the implication that even though the FCT is not a state in the real sense, it is regarded as the 37th state.
For instance, Femi Falana, SAN, argues that by the combined effect of Sections 134 and 299 of the Constitution, a candidate shall be deemed to have won the Presidential election if he scores the highest number of lawful votes cast at the election, and 25% of lawful votes in 37 States or 36 States plus the FCT – stating that it is not compulsory, for a Presidential candidate to win the FCT. In fact, he went further to state that the FCT, is not the Electoral College of the Federal Republic of Nigeria. In support of this position, Professor Taiwo Osipitan, SAN, inferring from myriad legal precedence averred that that the FCT is part of the two-third spread contemplated in Section 134 of the 1999 Constitution.

With the intent that a candidate who has the highest number of votes and satisfies the 25% spread in not less than two-thirds of the States including FCT, is entitled to be declared the winner of the election, irrespective of the percentage of votes scored in the total votes cast in FCT.
Interestingly, and in line with the position that it is not compulsory for a presidential candidate to Win 25% of the votes at the FCT, Aikhunegbe Anthony Malik, SAN, argued that those who are offering an alternative interpretation of Section 132 (2) of the constitution to the effect that acquiring 25% of votes in the FCT is a compulsory requirement to be declared winner seem to overlook the essence, or significance of the conjunctive word ‘and’ employed therein. According to him, whenever the word ‘and’ is employed in law, “it denotes a conjunctive, and never a disjunctive meaning.”

Unfortunately, the above arguments are not caste and dry, because legal heavy weights like the former President of the Nigerian Bar Association, Dr. Olisa Agbakogba, SAN and Chief Mike Ozekhome CON, SAN, contend that, for a candidate to be declared winner of the presidential election it is imperative that he or she must acquire at least 25% of the votes cast in the FCT.
In his argument, Dr. Agbakogba opined that the literal interpretation of this section of the constitution is that a candidate must secure 25% of votes cast in 2/3rd of the entire 36 States of Nigeria and 1/4th (25%) of votes cast in FCT. According to him, the provision is clear, direct and unambiguous, such that you don’t need a Professor of Constitutional Law to comprehend.

He further maintained that the use of the word “and” had been held by the Supreme Court to be conjunctive, which implies that the conditions in Section 134(2)(b) are conjunctive and mandatory. Therein lay the riddle, because, Aikhunegbe Anthony Malik, SAN supported his argument with the conjunctive use of ‘and’ when employed in the constitution, as opposed to being disjunctive, but he arrived at a different conclusion. Similarly, even though Section 299 of the constitution formed a critical part of both arguments (which states that the FCT is to be treated as a State in Nigeria), Dr. Agbakogba posits that it is a general provision that has no bearing on Section 134. Hence, he concludes therefore that A general provision cannot override a specific provision – implying that since Section 134(2)(b) is a specific provision on the conditions for declaration of a candidate and the presidential winner at the polls, with the result of the general elections as published by INEC, the contest is still open, as none of the candidates has satisfied the legal threshold in Section 134.

Lastly, Chief Ozekhome has also asserted that by a judicial mathematical analysis, 2/3 of 36 States is equal to 24 States, and in addition, the FCT, Abuja. To buttress his position, he gave this analogy: “if I request to see 24 Corpers in my law firm And Okon, it means I want to see 25 persons in all; but Okon must be one of the 25 persons. So, if 25 persons in my law firm show up, without Okon, have I had all the persons I want to see? The answer is No. To satisfy my request, Okon must show up in addition to the 24, thus, making the 25 persons I desire to see. According to him, the jurisprudence behind this provision is to ensure that the President as the number one citizen of the Nation enjoys a widespread acceptance by majority of the people he seeks to govern, including those inhabiting the seat of power where he would govern from. Evidently, the letter of the law is the same, and available all, some interpretations are the same, yet renown legal pundits have arrived at different conclusion, thereby setting the stage for an interesting legal fireworks that promises to put this matter to rest once and for all when the Supreme court makes its pronouncement.

Nigerians are eagerly waiting for the legal fireworks to begin; the petitioners, namely Atiku Abubarka and the PDP, and Peter Obi and the Labour Party are ready. The President Elect and APC should be getting ready, we believe; but while Nigerians are unaware of the size of the war chest the President Elect and his party are putting together to defend their mandate, the Independent National Electoral Commission (INEC) has come out to tell Nigerians that after spending more than N300 billion to conduct the 2023 general elections, it has now allotted another N3 billion to defends its declared results. As you can imagine, the Nigerians are about to witness a legal clash of the Titans. Let it begin.

By: Raphael Pepple

Opinion

Monthly Environmental Sanitation Imperative

Published

15 hours ago

May 18, 2026

The Tide

Quote: “A clean environment is not a government gift; it is a civic duty that protects our health, preserves our cities, and reflects our national character.”

For many Nigerians who grew up in the 1980s, 1990s, and early 2000s, the last Saturday of every month followed a familiar pattern. Roads were deserted, markets closed, and residents swept compounds, cleared gutters, cut overgrown weeds, and disposed off refuse. The monthly environmental sanitation exercise became a national ritual that promoted cleanliness, discipline, and civic responsibility. As an environment correspondent about two decades ago, I joined officials of the Rivers State Ministry of Environment on sanitation monitoring tours across Port Harcourt and surrounding communities. Although enforcement officers were sometimes accused of excesses, the exercise succeeded in creating public awareness about the importance of keeping our surroundings clean. Over time, however, the practice faded away in many states.

In its absence, indiscriminate dumping of refuse, blocked drainages and environmental neglect became increasingly common. Today, heaps of waste line roads, markets and motor parks, while gutters clogged with plastics contribute to perennial flooding. Given the mounting environmental challenges facing Nigerian cities, there is no better time to revive environmental sanitation. Its return is no longer a matter of nostalgia; it is a practical necessity for public health, environmental safety, and sustainable development. Poor sanitation remains a major cause of disease. Stagnant water and uncollected waste create breeding grounds for mosquitoes, flies and rodents, increasing the risk of malaria, cholera, typhoid and other infections. Floodwaters contaminated by refuse also expose communities to serious health hazards.

Rapid urbanisation has worsened the situation. Cities such as Lagos, Port Harcourt and Abuja are expanding faster than their waste management systems can cope. As populations grow, so does the volume of waste generated daily. Monthly sanitation exercises can help rebuild environmental consciousness. Beyond cleaning streets, they remind citizens that environmental cleanliness is a shared responsibility. They also offer an opportunity to educate children and young people about hygiene, public health and community participation. Critics argue that the old sanitation policy restricted movement and was sometimes abused by security personnel. Those concerns were valid, but they do not invalidate the concept itself. Rather than abandon it, governments should reform the programme to make it more humane, participatory and transparent.

That is why the recent decision by the Lagos State Government to reintroduce monthly sanitation deserves commendation. Even if participation is largely voluntary, the move sends a strong signal that environmental responsibility must be taken seriously. Other states should emulate this initiative. In Rivers State, the Rivers State Waste Management Agency has intensified efforts to improve waste collection and restore Port Harcourt’s reputation as the Garden City. Reintroducing monthly sanitation would complement these efforts and deepen public involvement. At the federal level, policies such as the Digital Waste Marketplace, the Plastic Waste Policy and the National Waste Management Network are commendable. However, environmental sanitation remains one of the most direct and visible ways to mobilise citizens toward cleaner communities.

The exercise, however, must be supported by efficient waste management infrastructure. Citizens cannot be expected to maintain clean surroundings if there are inadequate waste bins, irregular refuse collection, and limited recycling facilities. Governments at all levels should invest in modern waste management systems, properly fund sanitation agencies, and promote recycling programmes. Waste sorting should become standard practice to reduce the volume of refuse ending up in landfills and drainage channels. Countries such as Singapore, Sweden and South Korea have demonstrated that waste can become a valuable economic resource. Recycling industries in these countries create jobs while protecting the environment. Nigeria can adopt similar strategies and turn waste into wealth.

Environmental laws must also be enforced consistently. Regulations against illegal dumping exist in many states but are rarely implemented. Offenders should face penalties, but enforcement must be fair and free from extortion. Urban planning is another critical factor. Poor drainage systems, overcrowding and inadequate sewage infrastructure worsen sanitation problems. Governments must prioritise road construction, drainage maintenance and orderly urban development. Markets deserve particular attention. They generate enormous quantities of waste every day, yet many lack organised disposal systems. Local councils and market associations should work together to establish effective waste collection arrangements in commercial centres. Religious institutions, schools, traditional rulers and civil society groups also have important roles to play.

Environmental responsibility should be taught and reinforced as a social value. Community leaders can help change attitudes by consistently promoting cleaner habits. This issue is even more urgent in an era of climate change. Flooding, erosion and extreme weather events are already threatening many Nigerian communities. Poor waste disposal worsens these challenges by blocking waterways and reducing urban resilience. A clean environment also offers economic benefits. Well-maintained cities attract investors, tourists and businesses. Reduced disease outbreaks lower healthcare costs and improve productivity among workers and students. More importantly, cleanliness reflects national values. A nation that allows public spaces to deteriorate projects an image of disorder and neglect. Nigerians deserve cleaner streets, healthier neighbourhoods and safer communities.

Reviving environmental sanitation will not solve all environmental problems overnight, but it can serve as a powerful starting point. Combined with effective waste management, public education and stronger infrastructure, it can restore environmental consciousness across the country. Ultimately, environmental cleanliness is a shared responsibility. Government must provide leadership, infrastructure and enforcement, while citizens must demonstrate discipline and civic commitment. From disposing of household waste properly to keeping drains free of obstruction, every Nigerian has a role to play. If Nigeria is serious about protecting public health, reducing flooding and building livable cities, the return of monthly environmental sanitation is a step whose time has come.

By: Calista Ezeaku

Opinion

God’s Intentionality in Ecological System

Published

15 hours ago

May 18, 2026

The Tide

Quote:”Every component of creation is interdependent, demonstrating that God designed nature as a balanced system in which each part contributes to the wellbeing of the whole”.

From the very first chapter of Scripture, the Bible presents a profound truth: creation was not accidental, random, or without meaning. The universe emerged from the deliberate counsel of an all-wise God who fashioned every aspect of life with purpose and precision. The heavens were stretched out by His command, the earth was carefully positioned, the seas were bounded, and every living creature was assigned a distinct role within a perfectly coordinated ecological system. When God surveyed His completed work, He pronounced it “very good,” affirming that creation was whole, harmonious, and exactly as He intended. The natural world remains a visible testimony to God’s intentionality. The sun provides warmth and energy at the right intensity to sustain life. The moon governs tides and seasons. Trees absorb carbon dioxide and release oxygen.

Rivers irrigate the land and quench thirst. Bees and butterflies pollinate crops. Birds disperse seeds. Animals maintain biodiversity. Every component of creation is interdependent, demonstrating that God designed nature as a balanced system in which each part contributes to the wellbeing of the whole. Nothing was made without significance, and nothing was left to chance. Among all created beings, humanity occupies a unique and privileged position. Unlike plants and animals, man was created in the image and likeness of God. This divine imprint endowed human beings with intelligence, moral consciousness, creativity, and the capacity for relationship with their maker. It also established mankind as the steward of creation. God granted humanity dominion over the earth, not as a license for reckless exploitation, but as a sacred trust to cultivate, protect, and preserve the world He had declared good.

Dominion, in God’s original intention, was to be exercised with wisdom, compassion, and responsibility. Human beings were meant to care for the land, use natural resources judiciously, and ensure that all forms of life flourished in accordance with divine order. The earth was to be managed as a trust from God, not plundered for selfish gain. Unfortunately, this divine mandate has been grossly misunderstood and widely abused. It is deeply regrettable that man has deviated so drastically from God’s original intention. Instead of stewardship, humanity has too often embraced greed. Instead of preservation, there has been exploitation. Instead of gratitude to the Creator, there has been reckless consumption and abuse of the environment. Across the world, forests are felled indiscriminately, rivers are contaminated, and fertile lands are stripped of their productivity.

Species disappear as habitats are destroyed. Air pollution threatens public health, and climate change disrupts weather patterns and livelihoods. What God created as a life-supporting ecosystem is increasingly treated as a disposable commodity. In Nigeria, the consequences are especially painful. Oil spills in the Niger Delta have devastated farmlands, poisoned rivers, and destroyed fishing communities. Poor waste management clogs drains and contributes to flooding. Erosion eats away homes and roads. Illegal mining and logging scar the landscape. In many cases, communities suffer while those responsible evade justice. At the root of much of this destruction is corruption. Funds earmarked for environmental protection, sanitation, and erosion control are often diverted for personal enrichment. Regulatory agencies are compromised through bribery.

Powerful individuals and corporations place profit above human welfare. Corruption thus becomes not only a moral failure but an assault on God’s creation. This environmental abuse is also a tragic expression of man’s inhumanity to man. When water is polluted, children fall sick. When farmlands are destroyed, farmers lose their means of survival. When rivers are contaminated, fishermen are plunged into poverty. When floods and erosion displace families, communities are torn apart. The burden of environmental degradation falls most heavily on the poor and vulnerable, while future generations inherit a diminished world. Yet, despite humanity’s failures, there remains hope for restoration. God’s purpose for creation has not changed. He still calls His people to responsible stewardship and righteous living. When individuals and nations return to God’s principles, they begin to view the earth not as an object to exploit, but as a sacred trust to preserve.

Responsible stewardship means protecting natural resources, planting trees, reducing pollution, disposing of waste properly, enforcing environmental laws, rejecting corruption, and treating others with justice and compassion. It requires governments to act with integrity, businesses to operate ethically, faith communities to teach creation care, and citizens to take personal responsibility for the environment. Creation care is therefore more than an environmental concern; it is a spiritual obligation. Our treatment of the earth and of one another reflects the sincerity of our reverence for God. To exploit nature, oppress the vulnerable, and enrich ourselves through corruption is to rebel against His purpose. To protect creation and uphold justice is to honor the Creator and participate in His original design. The world God made was declared “very good.” It is our solemn duty to ensure that our actions preserve rather than destroy that goodness.

By: Sylvia ThankGod-Amadi

Opinion

Confronting National Development In Chinese Style

Published

6 days ago

May 13, 2026

The Tide

Quote: “China’s rise was not a miracle. It was the result of deliberate planning, disciplined execution, and a national determination to make poverty reduction the foundation of national development.”

A short TikTok video by @ancientchinaforever recently offered a compelling summary of China’s remarkable transformation from one of the world’s poorest nations to a global economic powerhouse. In just a few minutes, it captured a lesson that developing countries like Nigeria cannot afford to ignore: meaningful development does not happen by chance. It is the product of vision, consistency, and a deliberate commitment to confronting poverty. In 1981, according to the World Bank, nearly 88 percent of China’s population lived in extreme poverty. The country was overwhelmingly rural, industrially weak, and lacking in modern infrastructure. Millions of people had limited access to quality healthcare, education, and basic social services. Yet China refused to accept poverty as its destiny. Its leaders made a strategic decision to treat poverty reduction as the starting point of national development.

Rather than relying on slogans or isolated welfare programmes, they created a coordinated system that mobilised government institutions at every level toward one overriding goal: improving the living conditions of ordinary citizens.

This was the turning point in China’s history. Poverty alleviation became a national mission. Clear targets were established, responsibilities were assigned to provincial and local governments, and officials were evaluated based on measurable results. Data was used to identify poor households, monitor progress, and adjust strategies where necessary.In effect, China built what may be described as a national development machine.The first major reforms focused on agriculture. Through the household responsibility system, farmers were given greater control over their land and allowed to sell surplus produce after meeting government quotas.

This policy created incentives for productivity and innovation. The results were dramatic. Agricultural output rose significantly, rural incomes increased, and millions were lifted out of poverty.With food security improving, China turned to industrialisation. The government established Special Economic Zones, most notably in Shenzhen, to attract foreign investment and promote export-driven manufacturing. What was once a small fishing community quickly transformed into one of the world’s leading industrial and technology hubs. Factories created millions of jobs, drawing workers from rural areas into expanding urban centres. China soon became the manufacturing capital of the world, producing electronics, textiles, machinery, and consumer goods for global markets.The revenue generated from industrial growth was reinvested in infrastructure and human development.

China understood that development requires more than factories. It demands modern infrastructure that connects people, goods, and markets. Massive investments were made in roads, railways, airports, seaports, electricity, and telecommunications.

Today, China’s high-speed rail system, modern cities, and efficient logistics networks stand as visible proof of decades of purposeful investment. Equally important was China’s commitment to education and healthcare.Schools were expanded, literacy improved, and vocational training equipped workers with the skills needed in a modern economy. Healthcare reforms reduced preventable diseases and protected families from being pushed deeper into poverty by medical costs.These investments ensured that economic growth translated into tangible improvements in living standards.

Another defining feature of China’s development model was policy continuity. Through successive Five-Year Plans, national priorities were clearly outlined and pursued over decades. While leaders changed, the core development agenda remained consistent. This stability encouraged investment, strengthened institutions, and allowed long-term projects to be completed. Unlike countries where each administration abandons the policies of its predecessor, China sustained a clear sense of direction.The results have been extraordinary. According to the World Bank, China has lifted more than 800 million people out of extreme poverty—the largest poverty reduction effort in human history. A broad middle class has emerged, and the country has become the world’s second-largest economy. Chinese companies such as Huawei Technologies and Alibaba Group now compete at the forefront of global innovation.

China’s journey has not been without challenges. Rapid industrialisation has contributed to environmental degradation, regional disparities, and demographic pressures. However, these challenges do not diminish the scale of its achievement. They underscore the complexity of transforming a nation of over one billion people. For Nigeria, China’s experience offers valuable lessons. First, poverty reduction must be treated as a strategic national priority rather than a campaign promise. Second, development requires long-term planning and policy continuity. Third, sustained investment in agriculture, infrastructure, education, and healthcare is essential. Fourth, institutions must be strengthened to ensure accountability and measurable outcomes. Finally, leadership must combine vision with disciplined execution. Nigeria is richly endowed with natural resources, entrepreneurial talent, and a youthful population.

What remains missing is a coherent and consistent development strategy that places national interest above politics. China’s transformation demonstrates that development is not a matter of luck. It is the outcome of clear priorities, effective institutions, and unwavering commitment. For countries still grappling with poverty and underdevelopment, China stands as compelling proof that when a nation confronts its challenges with strategic intent and collective discipline, extraordinary progress is possible.

Sylvia ThankGod-Amadi