It is my pleasure to welcome back all my colleagues and dutiful readers of this Column from a well deserved annual vacation. It is hoped that having properly rested from serious professional practice we are all eager to go full blast for the 2008/2009 legal year.
While we were all away on holiday a lot of things happened on the legal cum political scene and this welcome article will be devoted to highlighting some of the more eventual occurrences although in no particular order.
Dave Ajetomobi Executive Swings into action in Ikeja NBA
Having secured an emphatic victory at the June 2008 Nigerian Bar Association Ikeja Branch executive elections the Dave Ajetomobi led Exco immediately swung into action-calling up vacant executive posts, giving the Ikeja NBA Secretariat a face lift, replacing the old generator which performance has been epileptic with a newer and better performing generator, commencing building operations on the abandoned Ikeja Bar Secretariat project even facilitating the smooth attendance of Branch members at the 2008 Annual General and Delegate Bar Conference in Abuja. However the high point of the Dave Ajetomobi led Exco's impressive start is the hand of fellowship extended to former opponents by the Dave Ajetomobi led Exco to the Dele Oloke Group facilitated by Barrister Debo Oduguwa. It is certainly hoped that this early inertia which reflects focus and serious mindedness will be sustained in the overall interest of NBA Ikeja Branch.
A tale of two electoral tribunals decisions in Osun and Ondo States. The decisions of the Gubernatorial Election Petitions Tribunals in Osun and Ondo States generated controversy and heated public debate- In Osun State the Election petition of the Action Congress AC candidate Rauf Aregbesola was thrown out while the incumbent Governor Olagunsoye Oyinlola of the Peoples Democratic Party PDP was declared as being properly returned. The contrast was the case in Ondo State where the incumbent Governor Olusegun Agagu was declared as being wrongly elected as governor not having secured the majority of lawful votes cast at the April 2007 Gubernatorial Election. Dr. Olusegun Mimiko of the Labour Party was then declared as being the lawful winner of the said election.
The dissatisfied parties have since appealed against these verdicts.
However it is not these verdicts perse that have generated much public reactions but certain collateral matters. In Osun State, a few days to the tribunal's decision a leading news magazine THE NEWS published an earth shaking report of an unholy series of inter actions and even telephone conversations between certain members of the Osun State Election Petitions Tribunal and a leading member of the Governor Oyinlola's legal team who is in fact a Senior Advocate of Nigeria SAN. The magazine in fact published what were alleged to be excerpts of regular routine conversations between these persons. The magazine claimed it got the excerpts from the log of a leading GSM Company MTN. The publication stirred great public reaction with many calling not only for the disbandment of the Tribunal but severe punishment for the judge(s) involved and the lawyer including prosecution, dismissal and removal of rank. The AC based on the allegations made a formal application for the "arrest of the judgment".
The application was however dismissed as being unknown to law and brought to rubbish die proceedings at the Tribunal. The Tribunal then proceeded to enter judgment in favour of die incumbent Governor dismissing the Petitioner's petition in its entirety. It must be said with every sense of objectivity the treatment of these grievous allegations by the appropriate authority leaves much to be desired. The excuse given for the non-interference of the National Judicial Council (NJC) in the episode at the critical point in time; the traveling abroad of both the Chief Justice of
Nigeria and me President of the Court of Appeal appears unconvincing. It is submitted that in the light of the very serious allegations involved in the case the least that should have been done was to stay/suspend the delivery of the judgment pending a thorough but prompt investigation of these earth- shaking allegations which go to the root of the administration of justice in Nigeria. This is without prejudice to the truth or otherwise of these allegations. After these allegations might have been investigated and found to be true all those involved should receive the severest punishments known to our law; the judge(s) dismissed, the lawyer disbarred and in the case of the SAN the coveted title withdrawn and all culprits prosecuted and jailed without an option of fine. On the other hand if the allegations are untrue as some believe but mark the extent of desperation which the Nigerian political class will resort to in collusion with certain sections of the media to have their way, there can be no better opportunity to nip this spirit of desperation in the bud by the prosecution of all die characters involved in this wicked seditions libel for the appropriate offences and giving the accused persons the maximum jail terms allowed by law with no option of fine. Alas! This
was not done and if it is ever done the necessary momentum for deterrence lost.
Mallam Nuhu Ribadu and the bitter lessons of life
Time was when Mallam Nuhu Ribadu bestrode the nation's public space like a colossus, threatening fire and brimstone, accusing and convicting public officers in the media and court of public opinion, arresting Gestapo-style public officers and securing convictions in me shortest possible times, engineering the removal of governors, he in fact almost succeeded in the removal of the vice-president. Then he was untouchable. But not any more, Mallam Nuhu Ribadu's decline started almost immediately. The present administration came into office when he became involved in a war of attrition with the present Attorney-General of me Federation over the battle of supremacy between the Federal Attorney-General and the Economic and
Financial Crimes Commission EFCC in the prosecution of fraud and corruption matters. He was to learn quickly how fast times have changed when he came out of the contest almost literally with a bloody nose, he was tacitly removed from the position of the EFCC Chairman and sent to the Nigerian Institute for Policy and Strategic Studies (NIPSS) Kuru to update his anti-corruption skills. Except that by the time he was close to completing his study leave it suddenly occurred to the authorities of the Nigeria Police Force his original employers mat he was not such a brilliant student in the manner of the students of old who got double or triple promotion. So the Police Service Commission remembered that Ribadu's double or is it triple promotion-Assistant Commissioner of Police, ACP-February 01-2003.
Deputy Commissioner of Police DCP- October 2005, Commissioner of Police C. P.- December 18-2006,and Assistant Inspector General of Police AIG April 9th 2007 did not follow due process as set out in the Police
Service Commission (Establishment) Act 2001 which required that an officer spends at least 3 years at a position before promotion to an higher rank and even then only after having a good Annual Performance Evaluation Report APER before the next promotion. So Mallam Ribadu was promptly demoted to DCP and having been so demoted his continued stay at NIPSS Kuru was under serious threat as he did not qualify as a DCP to undertake the course of study at NIPSS. This was almost a fatal blow to Mallam Ribadu and his horde of admirers particularly in the influential human rights community, indeed Chief Gani Fawehinmi SAN arguably the nation's most respected lawyer and social critic called the demotion "absolute bizarre" and punishment for honesty and patriotism. The fact that almost 140 other police officers were affected by the demotion did not impress this class of Nigerians. On the other hand the anti-Ribadu elements were ready to go for the jugular and were insisting on his being pushed out from the NIPSS even less than 3 months to the completion of his course of study. But wise counsel seems to have prevailed at least for now as the police authorities maintain that since Ribadu was not personally responsible for his extra-ordinary promotions that led to his admission to the NIPSS he cannot be blamed for his predicament and will most likely be allowed to complete his course.
Lessons for Mallam Ribadu and indeed all of us including his present detractors: No condition is permanent and power is transient.
The Bakassi Debacle
In the year 2002 after a court dispute that began in 1994 during Gen Sani Abacha regime in the International Court of Justice (ICJ), the 'Oil-rich' Bakassi region was awarded to Cameroon. This judgment was of course roundly condemned by a cross section of the Nigerian society and die Obasanjo's administration whose lot it was to be on the receiving end of this unfavourable judgment, sensing public outrage against the judgment made all the right political comment about not ceding an inch of me nation's territory to any one. But fully aware of the quagmire it had got itself into and the attendant responsibilities in consequence of its voluntary submission to the ICJ jurisdiction it continued negotiation with Cameroon and relevant International bodies including the UN which agreement resulted in the Green Tree Agreement of June 12, 2006 which set out the modalities for the implementation of the ICJ judgment of 2002. Even after the agreement, the Nigeria government continued to stall for time edged on by its citizens many of whom did not understand why any part of the nation's territory should be ceded to another country. As happens with any public debate in Nigeria every one from fish trader, market woman, bus driver and conductor, bricklayer became an expert on a complex matter of international law and diplomacy. As for the aggrieved indigenes of Bakassi they actually approached the Court which granted them an order restraining the Federal Government from carrying out the ICJ judgment. However, all these opposition was not enough to prevent the government from concluding the formal handover of Bakassi to Peninsular on the 14th August 2008. But the debate on the property of the handover still rages and at a later time this column will turn its searchlight on the full ramifications of the Bakassi issue.
Obamamania or Obama-Scam?
Since the appointment of American trained Prof. Ndi Okereke-Onyiuke as the Director General of the Nigerian Stock Exchange NSE the Stock Exchange and indeed the nation's capital market has been revolutionized:" die nation's stock market has grown in leaps and bounds; many Nigerians including those who are not literate or barely literate now routinely buy and sell shares, most corporate organizations now readily raise capital though the capital market rather than financial institutions, even most banks were only able to make the consolidation exercise deadline through the capital market, the stock market has become automated, the conclusion period for all capital market transactions which was long and indefinite has been radically reduced, the statutory period is now T+ 3, that is the date of the transaction plus 3 days, Nigerian stocks have now been listed at elite stocks in the world like the London Times Stock Exchange, the New York Stock Exchange and the Jo'burg (Johannesburg) Stock Exchange, correspondingly stocks from other cities like Jo'burg and London are now listed on the Nigerian Stock Exchange, many more floors have since been opened in Ibadan, Benin, Ilorin, Onitsha and Kaduna, in fact due to the exponential growth of the Stock Exchange and Capital market, the stock broking profession is fast becoming the profession of choice amongst educated Nigerians rivaling the older legal and accountancy professions. All these due to the revolutionary zeal of Prof. Ndi Okereke-Onyiuke.
But in typical Americana style-local description for Nigerians who have stayed several years in the U.S., she has several American ideas which might not go down well with Nigerians given the nation's state of economic and political development, level Of poverty and culture of democracy or lack of it. This Americana trait routinely shows. In 2003 for instance she set up an organization in the fashion of Corporate America, styled Corporate Nigeria which donated a whopping sum of N1 billion to the reelection bid of President Olusegun Obasanjo. Soon after when President Obasanjo set up the Transcorp Plc as a Nigerian Mega Corporation in the fashion of IBM, Unilever, Microsoft etc. Prof. Okereke-Onyiuke showed her American love for big business and money again by becoming a major subscriber and Director of American-type Mega Corporation. But all the negative re-actions her action generated in these earlier instances pale into insignificance in comparison to the controversy her recent action of setting up an organization called "Africans for Obama" which raised N100 million at a recently organized luncheon/dinner to, is it raise money for the Obama for president campaign or to create awareness among Africans who are also American citizens to vote for Obama? Dinner tickets at the elitist lunch/dinner fund raising went for as high as N325,000.00. The point must be made that such a dinner within the U.S by Americans of voting age who have the right to vote as long as the donations do not exceed the prescribed limits will not raise any eye brows even from opponents who will only think of more ingenious though legal ways of outdoing their opponents, in fact in the on-going rate for the White House, the Obama Campaign Organization has created all kinds of record in raising funds from all sections of the American population.
But the Ndi Okereke-Onyiuke initiative coming from outside America from people most of whom have no right to vote in the forthcoming American Presidential election directly offends the provision of the U.S. Foreign Election Campaign Act (FECA) 1974 which "prohibits any foreign nationals from contributing donating or spending funds in connection with any....... elections in the United States directly or indirectly".
In addition to this American legal restraint, how does one justify the raising of N100 million for an American political event which has no direct bearing on Nigerians, when several thousands live in abject poverty and whose lives can be positively changed by a fraction of that amount, so this "American wonder" idea generated much resentment which mood was seized upon by one of the nations most prominent social crusader who petitioned the Economic and Financial Crimes Commission (EFCC) on allegations of receiving money by false pretences against Prof. Okereke-Onyiuke.
The matter is still under investigation but it will be interesting to know whether the voluntary donation by die donors to the "African for Obama" initiative either for Campaign purposes or voter mobilization is an offence under Nigerian law particularly in the absence of a claim by any of the donors that he was not given his money when he requested for a refund.
However, without prejudice to the outcome of EFCC's investigation and whether or not a charge is eventually brought against the embattled N.S.E helmsman, she should learn to keep her American ideas to her self; the circumstances and conditions between the U.S and Nigeria are worlds apart.
The Ekiti Gubernatorial Elections Petition Tribunal judgment.
The long awaited Ekiti State Gubernatorial Elections Petition Tribunal judgment was finally delivered after months of eager anticipation. Right from the inception of this administration in May 2007, the two political gladiators in Ekiti State, the Peoples Democratic Party (PDP) the Action Congress (AC) have fought every inch of the way for the soul of the people of Ekiti State- the nation's fountain of knowledge. First there was a tie in the membership of the State House of Assembly which made the emergence of a Speaker problematic and when one eventually emerged, one whole half of the state legislators stayed away from the House proceedings for months. When the absentee law-makers returned it was to continue the war of attrition of me parties; appointing state commissioners was difficult, same with members of the State Electoral Commission and other public agencies. Given the bitterness and acrimony that has characterized the relationship of the two dominant parties in the state, it is a miracle that there has been any form of governance in the state.
Anyway, relief, even if temporary, came the way of the embattled Governor of Ekiti-State in late August (2008) when the Ekiti State Gubernatorial Elections Petition Tribunal upheld the election of Gov. Segun Oni though voiding large amounts of his electoral votes yet he still had almost double the votes of his challenger Dr. Kayode Fayemi of the AC. Given the antecedents of the State since the legislative stalemate of May 2007 the decision was not altogether surprising as the two parties had tended to share honours. Only the day before the election of Senator Ayo Arise of the PDP had been annulled in favour of his AC rival. In the early hours of the 28th August 2008 when the judgment of the Gubernatorial elections was to be
announced some of us had joked aloud that we expected the PDP to even the scores by getting judgment in the Gubernatorial elections, our expectation seem not to have been misplaced, at least for now.
As is common with Nigerians, the winners and their supporters have praised the judgment to high heavens as a victory for democracy and the rule of law and commended the judiciary for its courage. The losers have been unsparing in their condemnation of the court describing the verdict as a travesty of justice and a threat to democracy. Nigerians by now are used to this alternate praise and condemnation of the judiciary by all and sundry including media and legal practitioners who should otherwise be objective and have learnt to ignore "this sound and fury which signifies nothing" about the court.
N.B.A Annual General and Delegates Conference.
Fittingly for legal practitioners, vacation, the annual legal vacation was rounded up by the Nigerian Bar Association's N.B.A. Annual General and Delegates Conference in Abuja, the Federal Capital Territory. The highpoint of this annual (elections are bi-annual) professional routine for lawyers is the change of leadership through elections into the various elective posts particularly the coveted post of presidency. However, there was a major difference this year, elections still held alright but it was for the smaller posts" of 1st, 2nd and 3 Vice Presidents, Secretary-General and others down the line but for the number one post of NBA President there was no election, the winner having emerged by consensus or is it adoption months earlier.
The reason for this partial-democracy; the need to prevent presidential candidates from spending so much money in the process of campaign, to this excuse was added the familiar Nigerian debacle of federal character or zoning of political posts. So rather than providing the necessary leadership for the nation at a most critical time in the development of our democracy when lawyers per force will be resorted to in times of recurring democratic and unconstitutional crises, the NBA has joined the national band wagon of consensus candidates and zoning of political offices. Already there is talk of applying the "successful" formula to all the executive posts. Imagine an
NBA without internal democracy. Wherein lies our duty to be in the vanguard of democracy in the nation and do we still retain any moral grounds to criticize government and political leaders for undemocratic practices?
In fact our present undemocratic outlook takes a lot away from the otherwise unassailable credentials of our new President Chief Rotimi Akeredolu SAN, a foremost legal practitioner, courageous advocate and Bar man extra- ordinary, who it must be said would most likely have emerged winner in the best field of candidates made up of the best lawyers of our time. The present situation is far from ideal and should be promptly re-visited if we wish to save our noble profession from avoidable regrets and embarrassment in future.
Conclusion
It has been quite an eventful long vacation but having rested from the stress of litigation this last six weeks it is hoped that we are all sufficiently refreshed and raring to go this 2008 /2009 legal year.
Welcome gentlemen (and ladies?)!
Ademola A. Adewale
Legal Practitioner.
While we were all away on holiday a lot of things happened on the legal cum political scene and this welcome article will be devoted to highlighting some of the more eventual occurrences although in no particular order.
Dave Ajetomobi Executive Swings into action in Ikeja NBA
Having secured an emphatic victory at the June 2008 Nigerian Bar Association Ikeja Branch executive elections the Dave Ajetomobi led Exco immediately swung into action-calling up vacant executive posts, giving the Ikeja NBA Secretariat a face lift, replacing the old generator which performance has been epileptic with a newer and better performing generator, commencing building operations on the abandoned Ikeja Bar Secretariat project even facilitating the smooth attendance of Branch members at the 2008 Annual General and Delegate Bar Conference in Abuja. However the high point of the Dave Ajetomobi led Exco's impressive start is the hand of fellowship extended to former opponents by the Dave Ajetomobi led Exco to the Dele Oloke Group facilitated by Barrister Debo Oduguwa. It is certainly hoped that this early inertia which reflects focus and serious mindedness will be sustained in the overall interest of NBA Ikeja Branch.
A tale of two electoral tribunals decisions in Osun and Ondo States. The decisions of the Gubernatorial Election Petitions Tribunals in Osun and Ondo States generated controversy and heated public debate- In Osun State the Election petition of the Action Congress AC candidate Rauf Aregbesola was thrown out while the incumbent Governor Olagunsoye Oyinlola of the Peoples Democratic Party PDP was declared as being properly returned. The contrast was the case in Ondo State where the incumbent Governor Olusegun Agagu was declared as being wrongly elected as governor not having secured the majority of lawful votes cast at the April 2007 Gubernatorial Election. Dr. Olusegun Mimiko of the Labour Party was then declared as being the lawful winner of the said election.
The dissatisfied parties have since appealed against these verdicts.
However it is not these verdicts perse that have generated much public reactions but certain collateral matters. In Osun State, a few days to the tribunal's decision a leading news magazine THE NEWS published an earth shaking report of an unholy series of inter actions and even telephone conversations between certain members of the Osun State Election Petitions Tribunal and a leading member of the Governor Oyinlola's legal team who is in fact a Senior Advocate of Nigeria SAN. The magazine in fact published what were alleged to be excerpts of regular routine conversations between these persons. The magazine claimed it got the excerpts from the log of a leading GSM Company MTN. The publication stirred great public reaction with many calling not only for the disbandment of the Tribunal but severe punishment for the judge(s) involved and the lawyer including prosecution, dismissal and removal of rank. The AC based on the allegations made a formal application for the "arrest of the judgment".
The application was however dismissed as being unknown to law and brought to rubbish die proceedings at the Tribunal. The Tribunal then proceeded to enter judgment in favour of die incumbent Governor dismissing the Petitioner's petition in its entirety. It must be said with every sense of objectivity the treatment of these grievous allegations by the appropriate authority leaves much to be desired. The excuse given for the non-interference of the National Judicial Council (NJC) in the episode at the critical point in time; the traveling abroad of both the Chief Justice of
Nigeria and me President of the Court of Appeal appears unconvincing. It is submitted that in the light of the very serious allegations involved in the case the least that should have been done was to stay/suspend the delivery of the judgment pending a thorough but prompt investigation of these earth- shaking allegations which go to the root of the administration of justice in Nigeria. This is without prejudice to the truth or otherwise of these allegations. After these allegations might have been investigated and found to be true all those involved should receive the severest punishments known to our law; the judge(s) dismissed, the lawyer disbarred and in the case of the SAN the coveted title withdrawn and all culprits prosecuted and jailed without an option of fine. On the other hand if the allegations are untrue as some believe but mark the extent of desperation which the Nigerian political class will resort to in collusion with certain sections of the media to have their way, there can be no better opportunity to nip this spirit of desperation in the bud by the prosecution of all die characters involved in this wicked seditions libel for the appropriate offences and giving the accused persons the maximum jail terms allowed by law with no option of fine. Alas! This
was not done and if it is ever done the necessary momentum for deterrence lost.
Mallam Nuhu Ribadu and the bitter lessons of life
Time was when Mallam Nuhu Ribadu bestrode the nation's public space like a colossus, threatening fire and brimstone, accusing and convicting public officers in the media and court of public opinion, arresting Gestapo-style public officers and securing convictions in me shortest possible times, engineering the removal of governors, he in fact almost succeeded in the removal of the vice-president. Then he was untouchable. But not any more, Mallam Nuhu Ribadu's decline started almost immediately. The present administration came into office when he became involved in a war of attrition with the present Attorney-General of me Federation over the battle of supremacy between the Federal Attorney-General and the Economic and
Financial Crimes Commission EFCC in the prosecution of fraud and corruption matters. He was to learn quickly how fast times have changed when he came out of the contest almost literally with a bloody nose, he was tacitly removed from the position of the EFCC Chairman and sent to the Nigerian Institute for Policy and Strategic Studies (NIPSS) Kuru to update his anti-corruption skills. Except that by the time he was close to completing his study leave it suddenly occurred to the authorities of the Nigeria Police Force his original employers mat he was not such a brilliant student in the manner of the students of old who got double or triple promotion. So the Police Service Commission remembered that Ribadu's double or is it triple promotion-Assistant Commissioner of Police, ACP-February 01-2003.
Deputy Commissioner of Police DCP- October 2005, Commissioner of Police C. P.- December 18-2006,and Assistant Inspector General of Police AIG April 9th 2007 did not follow due process as set out in the Police
Service Commission (Establishment) Act 2001 which required that an officer spends at least 3 years at a position before promotion to an higher rank and even then only after having a good Annual Performance Evaluation Report APER before the next promotion. So Mallam Ribadu was promptly demoted to DCP and having been so demoted his continued stay at NIPSS Kuru was under serious threat as he did not qualify as a DCP to undertake the course of study at NIPSS. This was almost a fatal blow to Mallam Ribadu and his horde of admirers particularly in the influential human rights community, indeed Chief Gani Fawehinmi SAN arguably the nation's most respected lawyer and social critic called the demotion "absolute bizarre" and punishment for honesty and patriotism. The fact that almost 140 other police officers were affected by the demotion did not impress this class of Nigerians. On the other hand the anti-Ribadu elements were ready to go for the jugular and were insisting on his being pushed out from the NIPSS even less than 3 months to the completion of his course of study. But wise counsel seems to have prevailed at least for now as the police authorities maintain that since Ribadu was not personally responsible for his extra-ordinary promotions that led to his admission to the NIPSS he cannot be blamed for his predicament and will most likely be allowed to complete his course.
Lessons for Mallam Ribadu and indeed all of us including his present detractors: No condition is permanent and power is transient.
The Bakassi Debacle
In the year 2002 after a court dispute that began in 1994 during Gen Sani Abacha regime in the International Court of Justice (ICJ), the 'Oil-rich' Bakassi region was awarded to Cameroon. This judgment was of course roundly condemned by a cross section of the Nigerian society and die Obasanjo's administration whose lot it was to be on the receiving end of this unfavourable judgment, sensing public outrage against the judgment made all the right political comment about not ceding an inch of me nation's territory to any one. But fully aware of the quagmire it had got itself into and the attendant responsibilities in consequence of its voluntary submission to the ICJ jurisdiction it continued negotiation with Cameroon and relevant International bodies including the UN which agreement resulted in the Green Tree Agreement of June 12, 2006 which set out the modalities for the implementation of the ICJ judgment of 2002. Even after the agreement, the Nigeria government continued to stall for time edged on by its citizens many of whom did not understand why any part of the nation's territory should be ceded to another country. As happens with any public debate in Nigeria every one from fish trader, market woman, bus driver and conductor, bricklayer became an expert on a complex matter of international law and diplomacy. As for the aggrieved indigenes of Bakassi they actually approached the Court which granted them an order restraining the Federal Government from carrying out the ICJ judgment. However, all these opposition was not enough to prevent the government from concluding the formal handover of Bakassi to Peninsular on the 14th August 2008. But the debate on the property of the handover still rages and at a later time this column will turn its searchlight on the full ramifications of the Bakassi issue.
Obamamania or Obama-Scam?
Since the appointment of American trained Prof. Ndi Okereke-Onyiuke as the Director General of the Nigerian Stock Exchange NSE the Stock Exchange and indeed the nation's capital market has been revolutionized:" die nation's stock market has grown in leaps and bounds; many Nigerians including those who are not literate or barely literate now routinely buy and sell shares, most corporate organizations now readily raise capital though the capital market rather than financial institutions, even most banks were only able to make the consolidation exercise deadline through the capital market, the stock market has become automated, the conclusion period for all capital market transactions which was long and indefinite has been radically reduced, the statutory period is now T+ 3, that is the date of the transaction plus 3 days, Nigerian stocks have now been listed at elite stocks in the world like the London Times Stock Exchange, the New York Stock Exchange and the Jo'burg (Johannesburg) Stock Exchange, correspondingly stocks from other cities like Jo'burg and London are now listed on the Nigerian Stock Exchange, many more floors have since been opened in Ibadan, Benin, Ilorin, Onitsha and Kaduna, in fact due to the exponential growth of the Stock Exchange and Capital market, the stock broking profession is fast becoming the profession of choice amongst educated Nigerians rivaling the older legal and accountancy professions. All these due to the revolutionary zeal of Prof. Ndi Okereke-Onyiuke.
But in typical Americana style-local description for Nigerians who have stayed several years in the U.S., she has several American ideas which might not go down well with Nigerians given the nation's state of economic and political development, level Of poverty and culture of democracy or lack of it. This Americana trait routinely shows. In 2003 for instance she set up an organization in the fashion of Corporate America, styled Corporate Nigeria which donated a whopping sum of N1 billion to the reelection bid of President Olusegun Obasanjo. Soon after when President Obasanjo set up the Transcorp Plc as a Nigerian Mega Corporation in the fashion of IBM, Unilever, Microsoft etc. Prof. Okereke-Onyiuke showed her American love for big business and money again by becoming a major subscriber and Director of American-type Mega Corporation. But all the negative re-actions her action generated in these earlier instances pale into insignificance in comparison to the controversy her recent action of setting up an organization called "Africans for Obama" which raised N100 million at a recently organized luncheon/dinner to, is it raise money for the Obama for president campaign or to create awareness among Africans who are also American citizens to vote for Obama? Dinner tickets at the elitist lunch/dinner fund raising went for as high as N325,000.00. The point must be made that such a dinner within the U.S by Americans of voting age who have the right to vote as long as the donations do not exceed the prescribed limits will not raise any eye brows even from opponents who will only think of more ingenious though legal ways of outdoing their opponents, in fact in the on-going rate for the White House, the Obama Campaign Organization has created all kinds of record in raising funds from all sections of the American population.
But the Ndi Okereke-Onyiuke initiative coming from outside America from people most of whom have no right to vote in the forthcoming American Presidential election directly offends the provision of the U.S. Foreign Election Campaign Act (FECA) 1974 which "prohibits any foreign nationals from contributing donating or spending funds in connection with any....... elections in the United States directly or indirectly".
In addition to this American legal restraint, how does one justify the raising of N100 million for an American political event which has no direct bearing on Nigerians, when several thousands live in abject poverty and whose lives can be positively changed by a fraction of that amount, so this "American wonder" idea generated much resentment which mood was seized upon by one of the nations most prominent social crusader who petitioned the Economic and Financial Crimes Commission (EFCC) on allegations of receiving money by false pretences against Prof. Okereke-Onyiuke.
The matter is still under investigation but it will be interesting to know whether the voluntary donation by die donors to the "African for Obama" initiative either for Campaign purposes or voter mobilization is an offence under Nigerian law particularly in the absence of a claim by any of the donors that he was not given his money when he requested for a refund.
However, without prejudice to the outcome of EFCC's investigation and whether or not a charge is eventually brought against the embattled N.S.E helmsman, she should learn to keep her American ideas to her self; the circumstances and conditions between the U.S and Nigeria are worlds apart.
The Ekiti Gubernatorial Elections Petition Tribunal judgment.
The long awaited Ekiti State Gubernatorial Elections Petition Tribunal judgment was finally delivered after months of eager anticipation. Right from the inception of this administration in May 2007, the two political gladiators in Ekiti State, the Peoples Democratic Party (PDP) the Action Congress (AC) have fought every inch of the way for the soul of the people of Ekiti State- the nation's fountain of knowledge. First there was a tie in the membership of the State House of Assembly which made the emergence of a Speaker problematic and when one eventually emerged, one whole half of the state legislators stayed away from the House proceedings for months. When the absentee law-makers returned it was to continue the war of attrition of me parties; appointing state commissioners was difficult, same with members of the State Electoral Commission and other public agencies. Given the bitterness and acrimony that has characterized the relationship of the two dominant parties in the state, it is a miracle that there has been any form of governance in the state.
Anyway, relief, even if temporary, came the way of the embattled Governor of Ekiti-State in late August (2008) when the Ekiti State Gubernatorial Elections Petition Tribunal upheld the election of Gov. Segun Oni though voiding large amounts of his electoral votes yet he still had almost double the votes of his challenger Dr. Kayode Fayemi of the AC. Given the antecedents of the State since the legislative stalemate of May 2007 the decision was not altogether surprising as the two parties had tended to share honours. Only the day before the election of Senator Ayo Arise of the PDP had been annulled in favour of his AC rival. In the early hours of the 28th August 2008 when the judgment of the Gubernatorial elections was to be
announced some of us had joked aloud that we expected the PDP to even the scores by getting judgment in the Gubernatorial elections, our expectation seem not to have been misplaced, at least for now.
As is common with Nigerians, the winners and their supporters have praised the judgment to high heavens as a victory for democracy and the rule of law and commended the judiciary for its courage. The losers have been unsparing in their condemnation of the court describing the verdict as a travesty of justice and a threat to democracy. Nigerians by now are used to this alternate praise and condemnation of the judiciary by all and sundry including media and legal practitioners who should otherwise be objective and have learnt to ignore "this sound and fury which signifies nothing" about the court.
N.B.A Annual General and Delegates Conference.
Fittingly for legal practitioners, vacation, the annual legal vacation was rounded up by the Nigerian Bar Association's N.B.A. Annual General and Delegates Conference in Abuja, the Federal Capital Territory. The highpoint of this annual (elections are bi-annual) professional routine for lawyers is the change of leadership through elections into the various elective posts particularly the coveted post of presidency. However, there was a major difference this year, elections still held alright but it was for the smaller posts" of 1st, 2nd and 3 Vice Presidents, Secretary-General and others down the line but for the number one post of NBA President there was no election, the winner having emerged by consensus or is it adoption months earlier.
The reason for this partial-democracy; the need to prevent presidential candidates from spending so much money in the process of campaign, to this excuse was added the familiar Nigerian debacle of federal character or zoning of political posts. So rather than providing the necessary leadership for the nation at a most critical time in the development of our democracy when lawyers per force will be resorted to in times of recurring democratic and unconstitutional crises, the NBA has joined the national band wagon of consensus candidates and zoning of political offices. Already there is talk of applying the "successful" formula to all the executive posts. Imagine an
NBA without internal democracy. Wherein lies our duty to be in the vanguard of democracy in the nation and do we still retain any moral grounds to criticize government and political leaders for undemocratic practices?
In fact our present undemocratic outlook takes a lot away from the otherwise unassailable credentials of our new President Chief Rotimi Akeredolu SAN, a foremost legal practitioner, courageous advocate and Bar man extra- ordinary, who it must be said would most likely have emerged winner in the best field of candidates made up of the best lawyers of our time. The present situation is far from ideal and should be promptly re-visited if we wish to save our noble profession from avoidable regrets and embarrassment in future.
Conclusion
It has been quite an eventful long vacation but having rested from the stress of litigation this last six weeks it is hoped that we are all sufficiently refreshed and raring to go this 2008 /2009 legal year.
Welcome gentlemen (and ladies?)!
Ademola A. Adewale
Legal Practitioner.
