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 The Riddle Of The “And”

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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

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Opinion

Other Sides In Junior Pope’s Death

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The tragic boat mishap of Wednesday, April 10, 2024, which claimed the lives of popular Nollywood actor, Mr John Paul Obumneme Odonwodo, popularly known as Junior Pope, and four others, has sent shock-waves across the Nigerian movie industry, and set the social media buzzing with reactions.
A contingent of 12 movie crew members had set out for a boat journey from the River Niger Cable point, a waterside jetty at Asaba in Delta State, to cross to the other side of River Niger, into Anam, a riverine community in Anambra State, for the shooting of a movie set titled ‘Another side of Life’ produced by Adanma Luke. Unfortunately, a series of avoidable events culminated the journey into an ill-fated expedition that sent fives lives to ‘the other side of life.’ The incident made the movie’s eventual ban a nullity, having played-out its symbolic meanings in real life while in the making, rather than on envisaged screens.
An avoidable incident, it exposed our society’s casual attitudes towards marine and general safety, as well as our endemic superstitions, while telling, on several flaps, other side tales of reality in the accounts of what transpired during the production, or rather, play of Adanma’s ‘Another side of Life.’
While veteran actor and Senior Adviser on Military Relations to the President of Actors’ Guild of Nigeria, Mr Steve Eboh, claimed he missed joining the ill-fated boat because he arrived too early before the crew, and had to go back, the producer, Adanma Luke, claimed she missed it because she came too late.
A journey’s jolly take-off from Asaba, Delta state, which ended tragically in its return from the other side in Anambra State, proved to be a rascally journey that showed the other side of rascality, even as T. C. Okoye claimed that pre-performing of obeisance to some marine spirits saved his life. But it was T. C. Okoye who had to hang unto a boat’s anchor in the face of death, rather than rely on the powers of the spirits he had appeased with Fanta, to await rescue from mortal men – sensible men, whose advise that one needs wear life jack during marine journeys – he had forsook, yet gave glory to his rituals after rescue.
Conversely, one may flip the flap to consider the other side of T. C. Okoye’s rituals to ruminate on other possibilities. Could the ringing of bells, spraying of money and snacks, and pouring of Fanta, have evoked the anger of the ‘marine spirits’ as rumoured, or distracted the boat driver, to the point of accident? And as reported by The Punch, what’s the significance of T. C. Okoye ‘dashing’ ritual money to innocent children whom circumstance made to be by the riverside?
Also, the argument by Mr Steve Eboh, that “If the star actors in that boat had wanted to wear life jackets, they would have been given the jackets” holds no ground, because the guild, as well as all the marine transport stakeholders, should have enforced strict safety compliance by all voyagers. It is therefore commendable that the Anambra State Commissioner of Police, Aderemi Adeoye, has ordered exhaustive investigations into the matter to determine criminal liability of all persons involved.
However, in the melee of pandemonium that accompanied rescue efforts, Nollywood celebrities, our society’s supposed role models, prioritized superstitious rescusitation over sure medical practice, rushing victims between spiritualists and hospitals, until a ‘pope’ whose work and journey had bound with the superstitious, died amidst superstition. Indeed, it’s during crises, when people care less about ‘packaging,’ that truth and the real personality of humans stand bare and naked.
While medical personnel who got their chance late had certified Jnr Pope dead, our star-persons held unto their spiritual advisers who claimed his spirit coming back to life, up until reality finally dawned that pope’s spirit has permanently crossed to the other side of life.
Regrettably, the reality has not fully dawned, otherwise three corpses shouldn’t have been buried by the riverside as dictated by spiritualists, and Jnr Pope’s family shouldn’t be worried about what would happen, as rumoured threatened of his three children, if his corpse is not buried by the riverside. However, it appears that having encountered the influence of a frontline celebrity, the spirits have turned capricious by bending divinely demands to accepting two cows, as rumoured, in exchange for Jnr Pope’s corpse being buried elsewhere.
According to the Anambra State Police Public Relations Officer, SP Tochukwu Ikenga, a team of rescuers comprising men of the Anambra State Marine Police Command, the National Inland Waterways Authority (NIWA) and the Maritime Workers Union of Nigeria, with the aid of fisher men, rescued seven persons alive to the Anambra side, while two retrieved corpses were sent across the other side, to the Delta State Marine Police Command jetty where Nollywood officials stood waiting. Of other three victims, two corpses were rescued next day, while a third was thrown out by river tides, all of whom; Abigail Fredrick (Vice Chairman of Costumer Designers Guild of Nigeria, and Akwa-Ibom State-born make-up artist), Precious Oforum (Sound engineer) and Joseph Anointing (Gaffer), have since been buried by the riverside, according to local belief.
However, what the police PRO’s statement didn’t reveal is if Jnr Pope’s corpse was sent to the other side in Delta after all the back and forth between spiritualists and medical personnel within Anambra, or if it was sent straight upon rescue to Delta state, but mysteriously found its way back to Anam, on the Anambra side.
It’s unfortunate that Nollywood which set out in its early days to expose superstitious beliefs and practices in our societies, in the hopes of enlightening the minds of the masses, and to curb the manace, has made many believe it’s rather reinforcing superstition in the ways it condicts the movie industry business.
Members of the showbiz in general, now appear to be key protagonists of superstition to the point that, being perceived as role models, so many youths have been drawn to lives of unrealistic dreams and materialism, which often get pursued through ritualism, with its attendant crimes.
Joseph Nwankwo
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Opinion

The Value Of Books And Reading

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The quality, quantity and diversity of books produced by a society are important indicators of that society’s level of development. . . .”–Valdehusa (1985).
April 23 of every year is marked around the world as ‘World Book and Copyright Day.’ Also known as ‘International Day of The Book,’ it is a Day set aside by the United Nations Educational, Scientific and Cultural Organisation (UNESCO), to promote reading, publishing and copyright. The Day aims to change lives through a love of books and shared reading.  The theme for the 2024 ‘World Book Day’ is: “Read Your Way.” This year’s theme calls on everyone to let go of pressure and expectations, giving children a choice – and a chance to enjoy reading.
According to Audrey Azoulay, Director-General of UNESCO: “Books have the unique ability to entertain and to teach. They are at once a means of exploring realms beyond our personal experience through exposure to different authors, universes and cultures, and a means of accessing the deepest recesses of our inner selves.”  Therefore, the power of books should be leveraged to combat isolation, reinforce ties between people, and expand our horizons, while stimulating our minds and creativity. It is critical to take the time to read on our own, or with our children.
Did you know that The Bible stands out as the most widely translated and distributed book worldwide? Yes, the Bible is by far the most widely translated and distributed book! Its wisdom has reached and helped more people than any other book or publication. 96.5 percent of the world’s population has access to the Bible. The Bible is available (in whole or in part) in over 3,300 languages, and the estimated number of copies of the Bible produced is 5billion, far more than any other book in history.  Which other book(s) do you enjoy or have you enjoyed reading? As for me, one book I am currently enjoying reading is a 400 – 500 page healthcare handbook titled, Where there is no doctor, authored by David Werner. It is a very valuable healthcare handbook that I have found to be very very beneficial! In fact, this healthcare handbook has been fondly described by some as “the ‘Bible’ of health education,” and I strongly recommend that every family should have a copy of this book at home. Apart from this book, I also enjoy reading for pleasure children’s books, such as those I have found on booksmart.worldreader.org and www.africanstorybook.org. What about you? What books have you enjoyed or do you enjoy reading? Do you know about the book industry? There are three major sectors of the book industry. They are: publishers, booksellers and libraries.
Book publishing is channelled towards promoting learning and expanding knowledge.  In a strict sense, book publishing starts from the point of conceptualisation of the ideas for the book by the author, and ends at the very last stage – the end-user (the reader). The history of book publishing in Nigeria can be traced to the establishment of the very first publishing press in Calabar, in 1846, by Rev. Hope Waddel of the Presbyterian Church of Scotland Mission. The press was used to print Bible lessons and later arithmetic books for schools.
In 1854, another Missionary based in Abeokuta, Rev. Henry Townsend of the Church Missionary Society (CMS), established a Press. Five years later (1859), he used it to print the very first newspaper in Nigeria – ‘Iwe Irohin.’ Thereafter, notable Nigerians like Herbert Macaulay established the first indigenous newspaper in 1926, called Lagos Daily News. Also, in the same year, Daily Times made its debut.  In 1949, Oxford University Press (OUP) floated a sales outlet in Nigeria. This action attracted many foreign-based publishing firms to Nigeria, such as Macmillan, Longman and others. The first published book in Nigeria by OUP was released in 1963, when its local branch published ‘Ijala Ere Ode’, a Yoruba poetry genre by Oladiipo Yemitan. Aside from the foreign companies, many other home-based publishing houses were architected by indigenous entrepreneurs. The book publishing industry in Nigeria has continued to enjoy drastic growth ever since.
However, in the last few decades, the Nigerian indigenous book publishing industry has experienced a downturn due to numerous challenges facing the industry, including: book piracy, proliferation of unqualified author -.publishers, lack of capital, and inability to provide adequate numbers of high-quality books.
Other challenges include: poor reading culture, infrastructural decay, dearth of expertise, incessant rancour among the major stakeholders, and so forth.
Therefore, here are some suggestions for developing our book publishing industry in Nigeria: Stakeholders such as government, publishers, authors, regulators, booksellers, libraries, and readers should cooperate among themselves and contribute their quota immensely towards the development of a virile book publishing industry.  Private investors such as banks, finance houses and influential individuals should participate, especially in terms of massive capital injection.
Ighakpe writes in from FESTAC Town, Lagos.
 Daniel Ighakpe
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Opinion

Let The Poor Breathe

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In  the history of our nation, only petroleum products have suffered more incessant increments in prices than electricity supply in all public products and services. Unfortunately, those are the two main things that impact mostly on our lives and national economy. While the increment in petroleum products’ prices is always attributed to the price of crude oil at the international market and the need to curb the scarcity by encouraging the supply, the increment in the electricity tariff has never had any justifiable reason and no service improvement afterwards. In fact, the electricity supply has gone far worse now that the tariff has gone up by over 300 percent. One of the underlying reasons for the planned electricity subsidy removal as unconsciously relayed by the Minister of Power on TVC News is the sabotage of the system by those collecting the subsidy money to maintain the assets. He said: “These are assets that we spend the country’s money on, and our brothers deliberately sabotage them. So, you can see that some people are hiding somewhere that do not want this sector to work”.
Just as the petroleum subsidy must go because the government is too impotent to handle the petroleum subsidy racketeers, the electricity subsidy has to also go at the expense of the poor masses and no one has been prosecuted for it.
When the oligarchs rob us blind, the poor masses are made to pay. The only tool that seems to be at the disposal of this government for the combat of economic challenges brought by the corruption of the political elites is to make the poor masses suffer deprivations.
No doubt, stopping the monkeys from the banana plantation is a Herculean task. But those with their thinking caps on will not need to destroy the banana plantation to ward off the monkeys. The Federal Government has taken several decisions in the last one year that are akin to milking the debilitated cow to feed the virile buffalo. The electricity tariff now has to go up to make more money for the oligarchs that sold our collective heritage to themselves and have been taking money from us for next-to-nothing service delivery.In order to win the supports of the poor masses of Nigeria, the tariff was classified and made to seem like it isn’t going to affect the poor, while the poor will invariably be the worse for it. Most of those on Band A electricity tariff, who are to be paying very exorbitantly for electricity are companies producing most of our consumables and utility items. With the high cost of electricity, the production cost will go high and consequently, the cost of the products.  By the time the effects of the new electricity tariffs take full manifestation, almost everything that can make life meaningful will be beyond the purchasing powers of most Nigerians.
I can not help but to wonder what exactly is left for us to benefit as citizens of this country. Nigeria is rapidly moving towards a capitalist nation, where everything is commercialised and profit at the expense of the citizens is the priority. Medicare and even public education are now being run for profit. The government goes about with the shenanigans of education for all, while it is making education unaffordable to most Nigerians. Even the students’ loan, as badly conceived as it is, is also with interest. Those who have been in power since our democratic dispensation belong to that generation of Nigerians that the nation had been very benevolent to. They were educated for free, got paid salaries as students and given jobs on a platter after graduation. This generation of people got everything from Nigeria and unfortunately have refused to give anything back. They have not only been ungrateful to Nigeria; they have also systematically run the country aground. What a waste of investment Nigeria has made in them! While some countries in this same Africa hardly experience power outage in a year, our own B and A category would at best experience four hours of power outage in a day. These are the ruins they have led our country to in 21st century.
The timing and manner that these anti-welfare policies were introduced are indicative of lack of concern for the citizens of this country. A lot of Nigerians have lost their lives in choking circumstances. Please, let the poor breathe! While trying to rebuild Nigeria, the poor masses should not be made to feel like the eggs in the preparation of omelette. It is very obvious that you do not care about how many eggs are broken, so long as you can have the  hen.

Abdulrasheed   Rabana

Rabana, is a public affairs analyst .

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