‘ARCON Act Section 54: A new threat to business growth in Nigeria’ in The Nation of Wednesday 23, October by one Saheed Akinola caught my attention and I immediately developed an urge to respond to some of the issues raised by the author.

To start with, I think it will be necessary to state that I’m not an advertising practitioner but a lawyer and a sociologist. Strangely, it wasn’t the legal interpretation of the referenced section of the ARCON Act that provoked my curiosity but my knowledge and experience as sociology lecturer for many years before veering into law. And as a Nigerian consumer, I’m equally affected by issues related to advertising and marketing. Many times, I or members of my family have fallen victims to deceitful campaigns.

One of the questions Sociology scholars battle to answer is question appurtenant to social order, and in this context is the regulation of advertisement and the protection of the consuming public from the vicious consequences of the Macdonaldization of our society through a microcosm beaming of searchlight on the nexus between advertising and individual well-being as it affects the collective conscience of the society. Can advertisers be blamed for the negative perception of consumers? What is the place of regulation in promoting sanity in the marketing communication? Who bears the burden of deceitful campaign; the advertiser, the regulator or the consumer. The questions are endless but the last question gives a straight forward answer; the advertiser sells and smiles to the bank, the regulator faces criticism while the consumer looses money or suffers serious health challenges due to consumption of substandard products.

To this end, I see the need for stakeholders to lay to bear the issues around Section 54 of the ARCON Act once and for all, because it speaks to the core of advertising regulation. Unfortunately, like Akinola’s article in The Nation on Saturday, many of such articles have been sponsored by some individuals within the corporate Nigeria because they feel the section is hampering their unbridled use as advertisers to lure in consumers.

As rightly pointed out by the writer of the misleading article, Section 54 of the Advertising Regulatory Council of Nigeria (ARCON) mandates that no person, corporate entity, or agency can advertise products or services without obtaining prior approval from the Standards Panel.

Though Akinola admitted that the law intends to regulate advertising practices and ensure standards, he yielded to emotion when he concluded that the far-reaching scope and the heavy penalties attached raise several concerns about its impact on business operations, especially for small and medium enterprises (SMEs).

Perhaps a second look at the section may be necessarily recommended to the gentleman for him to properly deeply decipher the message therein; “Any person including sponsor or beneficiary of an advertisement, body corporate, organization or agency which creates or places for publication or exposure of an advertisement in any medium directed at or targeting the Nigerian market without the prior approval of Standards Panel commits an offence and is liable to such fine as stated in the Nigerian Code of Advertising Practice.”

Looking at the argument of Mr. Akinola, perhaps a legal practitioner, and his concern about the penalties attached to breaking advertising law makes me sick because an elementary student of Jurisprudence is knowledgeable enough to know that there will be no enforcement without sanction.

The legal term “sanction” had come into existence after Austin’s ‘theory of sovereignty’ where he described “sanction” as one of the important elements of the law. According to this theory, any force that is applied by the State in order to administer justice could be termed as a sanction. They are blunt diplomatic tools that have been measured into the guidelines we know of today. The term “sanctions” in the field of law and legal theory, are deemed to be penalties or any other means of law enforcement tool that is used to provide an incentive to the obedience of the law, or any regulation or any other set of management or rules as provided by the State. A sanction may be defined as an element that is associated with accountability that corresponds to the consequences which result from the justification of the realization of such accountability.

In the current scenario, it’s obvious that the writer of the article under review knows but little about advertising and its regulation. Rather than dismissing ARCON Act section 54 as nothing but a distraction to businesses, he should have availed himself with literature about advertising ethics as well as report on campaign vetting and approval in different markets of the world.

In Nigeria and all over the world, communication materials are daily being subjected to legal scrutiny to be sure they don’t run against the principle of natural justice and public interest. In other words, the principle of nemo judex incausa sua & Audi alterem pattem must not be overlooked.

It is on this note that the issue of false or misleading representations and deceptive marketing practices under the Competition Act becomes necessary for healthy advertising practice. The Competition Act contains provisions addressing false or misleading representations and deceptive marketing practices in promoting the supply or use of a product or any business interest. All representations, in any form whatsoever, that are false or misleading in a material respect are subject to the Act. If a representation could influence a consumer to buy or use the product or service advertised, it is material. To determine whether a representation is false or misleading, the courts consider the “general impression” it conveys, as well as its literal meaning.
The Act provides two adjudicative regimes to address false or misleading representations and deceptive marketing practices. Under the criminal regime, thea,,, general provision prohibits all materially false or misleading representations made knowingly or recklessly. Other provisions specifically forbid deceptive telemarketing, deceptive notices of winning a prize, double ticketing, and schemes of pyramid selling. The multi level marketing provisions prohibit certain types of representations relating to compensation.

The classic case of Kim Kardashian scenario in the United States in 2022 is a good example of how sanctions are used to put advertisers on their toes. After all said and done and Kim Kardashian was found guilty of unhealthy practice, she agreed to pay a US$1.26 million (NZ$2.2m) fine for advertising EthereumMax on her Instagram page.

The US Securities and Exchange Commission (SEC) said the reality TV star had received US$250,000 for advertising the cryptocurrency, without disclosing she had been paid to do so. She also agreed not to promote crypto asset securities for three years.

A similar case in Nigeria was the MMM and other Ponzi schemes which Nigeria’s Securities and Exchange Commission (SEC), also overruled in 2022. The SEC DG, Lamido Yuguda had stated that the Commission would continuously collaborate and engage relevant agencies to eliminate completely all Ponzi schemes operations in the capital market. He said the SEC has been fighting a serious war against Ponzi schemes, and has been engaging and alerting Nigerians on the need to only deal with operators that are registered with the Commission.

Then last year, Nollywood Actress, Olutoyin Abraham, had no choice but to terminate her contract with RevolutionPlus Property Development Company Limited as a brand ambassador when she started receiving a lot of allegations and complaints from investors who claimed that the company had not allocated lands nor refunded them their monies.

Coming to ARCON, many controversial campaigns would have resulted in anarchy and unrest in the society if the regulatory body had not acted fast and nipped the crisis in the bud.

Last year, FrieslandCampina Wamco, owners of the Peak Milk brand, was marked out for sanction by the apex advertising regulatory body for releasing to the public a creative material that was not vetted by it. The Christian Association of Nigeria (CAN) had condemned the makers of Peak Milk, over an offensive Easter advert that was said to have sparked outrage among Christians in the country

Closely related was the furore generated by the Easter day advert of Sterling Bank which also brought to the fore the banana peel that often confronts the business of creatives anywhere in the world. In the said copy, which was published in major dailies on Sunday April 17, 2022, the bank had likened the resurrection of the Lord Jesus Christ to ‘Agege Bread’, a popular brand of bread that is very common in Agege, a suburb of Lagos.

As expected, many adherents of the Christian faith saw the copy as not just being offensive and insensitive; they also felt it was a denigration of the status of Jesus Christ, the symbol of the Christian faith all over the world. Again, ARCON rose to the occasion and saved the country from unnecessary religious unrest.

Going back to the Section 54 of the ARCON act which Akinola views as placing undue burdens on smaller enterprises that may lack the resources to navigate complex regulatory processes is an illogical conclusion. In a sane environment, the government regulates advertising materials, not only to promote healthy living but to protect businesses. By allowing advertisers to operate unrestrained, caution is most times thrown into the air as business owners would churn out deceptive materials to deceive the public. Under such circumstances, responsible businesses that play by the rule may be at a disadvantage while those with deceiving campaigns will be smiling to the bank at the expense of innocent consumers.

On the argument that subjecting businesses that rely on frequent advertising updates, such as those in the tech and retail sectors into missing marketing opportunities and hinder their ability to compete effectively, this is a baseless argument considering the framework of the current advertising regulatory system, which has put in place a measure that would fast track vetting and approval. Besides, APCON has decentralized its operations to address issues related to vetting as quickly as possible.

Finally, rather than criminalising ARCON on regulation and presenting the regulatory body as the enemy of businesses, stakeholders should rather come together and abide by global best practice. To me the ongoing campaign of calumny is nothing but emotional blackmail to set the body against the government and those who know but little about its operations. To build Nigeria, we need to promote the Rule of Law.

Atata, a lawyer, lives in Lagos.

Let us begin from the most obvious: no minister wants to be dropped from the President’s cabinet, if he or she can help it. Reports in some newspapers said as the ministers sat in the Council Chambers last Wednesday waiting for a meeting of the Federal Executive Council [FEC] to begin, five of them were told that the President wanted to see them. You can imagine how their stomachs churned, their heads were spinning, their heart beats increased, their vision became blurred, their hearing was impaired and their legs wobbled as they walked across to the President’s office. They must have looked like cows being led to the slaughter house.

The remaining 40 plus ministers who were not among the five called to the President’s office were not at ease either. How would they know if those called in were only the first batch, and that a second, possible even a third or fourth batch would later be called in for a routine “thank you for your service, I wish you success in your future endeavours” meeting? Being called to the President’s office is often unpleasant for a minister. A minister in President Obasanjo’s government told me a story of how, after a nasty exchange with a cabinet colleague at a FEC meeting that required the president’s intervention to calm matters down, the President asked him to follow him to his office. He fully expected to be sacked and regretted that he had not resigned after the hot exchange at the FEC meeting. But when he got into the President’s office, old man Obasanjo brought up something else!

Presidents, too, do not like to sack ministers. A loyal and friendly minister, once sacked, could go straight into the ranks of the president’s political enemies. Still, the clamour had been on for months, in political circles and in the news media, for President Tinubu to rejig the Federal cabinet. For different reasons. While the mass media, which claims to reflect the public mood, was demanding for changes because citizens are highly dissatisfied with the Federal Government’s current trajectory, politicians want a change so that some of the people standing outside and looking inside will get a chance to come in and be looking outside from the inside. The clamour soon graduated into a rumour that a reshuffle was impending, which the President’s spokesman later confirmed was afoot. To boot, when the President took off on a two-week break, it was said it was to afford him an opportunity to reflect on his government. Nigerians interpreted that to mean to mull on the changes he was about to make. Besides, the Presidency had sensationally said last year that Hadiza Bala Usman, the President’s Adviser on Policy Coordination, will keep a score card of ministerial performance and Tinubu himself publicly pledged to sack any minister who did not perform to expectation.

Was it wise for the Presidency to confirm late last month that a reshuffle was imminent? One can imagine that from that point, there was unease in ministerial tummies and many of them will be unable to concentrate on their duties. There will be a scramble to the houses of godfathers, party bigwigs, presidential family members, traditional rulers, clerics and even babalawos to put in a word or to throw in some incantations in order to save a job.

And why not? It was not easy to get into the cabinet in the first place. Thousands, if not tens of thousands of people all over the country were angling for the slots when the cabinet was being constituted last year. Politicians who worked hard in successful election campaigns believe they should be rewarded with ministerial posts. Some people wanted to be ministers because they were ministers before and they believe they should be ministers again. Some other people thought they should be ministers because they had never been ministers before. Still other people thought they had attained high positions in other areas of the public service or in the professions and they therefore deserve to be appointed as ministers. This last group of aspirants remind me of what Professor Godwin Soglo said at a NIPPS seminar in 1980, that acquiring education in a society where millions of others were denied the chance, or even attaining high positions in areas of public life, is a privilege and one privilege does not entitle anyone to another privilege!

The cabinet reshuffle cat was finally let out of the bag last Wednesday when five ministers were discharged, ten ministers were reassigned and seven new ones were appointed. That phrase “discharged,” which the Presidency said was the appropriate one to use instead of the “sacked” that the media was fond of, was it at all appropriate? It is given to misunderstanding. In one episode of the 1970s British sitcom Mind Your Language, the Indian Sikh student Ranjit did not come to class one day and he explained to the teacher that he had to stay at home with his brother who had just been discharged. The teacher Mr. Brown said, “Oh, from hospital.” And Ranjit said, “No, from prison.” The ministers who were discharged from the cabinet, was it from a hospital or a prison?

Was the reshuffle well worth it? Almost no one stood up in Nigeria and granted it a standing ovation. One intellectual said “it was underwhelming.” Even though the Presidency statement said it was designed to improve efficiency and performance, historically, cabinet reshuffles are used in Nigeria mostly to satisfy the public lust for blood, especially when things are not going on well. In the long years when this country was ruled by a string of Army Generals, newspapers had a habit to spreading rumours of an impending reshuffle ahead of each anniversary of the regime. This is often accompanied by suggestions of which ministers would get the sack, attributed to anonymous “informed sources close to the government” when in truth it is the wish of the reporters.

Different rulers of Nigeria handled their cabinets differently. General Babangida had some of the most accomplished technocrats as ministers but he routinely changed his cabinet, courageously so because he often changed military Service Chiefs and on one occasion, he even dissolved the Armed Forces Ruling Council. It was a complete departure from General Yakubu Gowon, who retained the same military governors [with only one change] for nine years and only changed some ministers in 1974, after seven years. General Sani Abacha, whose cabinet met once in a blue moon, sacked the first one after 15 months and made sweeping changes. President Obasanjo also made regular changes to his cabinet. The most sweeping change I remember was however made by the taciturn President Yar’adua who, after 15 months in office, sacked 20 ministers in one fell swoop. Both Presidents Jonathan and Buhari made only few and far between cabinet changes while they were at the helm.

The reasons why Presidents sack ministers are often not the ones that the public or the mass media imagine. It could be due to failure to get on well with the First Lady, or annoying a party godfather, or a protocol snafu, or rumours of going out with the wrong person. Ok, President Tinubu pledged that who stays or who goes in his cabinet was going to be based on Madam Hadiza Bala Usman’s assessment report. How did she do this assessment? As a former teacher myself, I would like to see the Marking Scheme that she used. How can you mark an exam answer sheet without a marking scheme?

When we were freshly recruited as Graduate Assistants, our wise old Head of Department Professor S.H.Z. Naqvi told us that, “A student who attends his lectures regularly, listens attentively, takes lecture notes, reads them carefully and is able to reproduce them in the exam, deserves only a C.” B, he said, is the student who goes beyond the lecture notes and reads textbooks, whereas “an A is the outstanding student,” apparently one who marshals his points in the exam better than even the lecturer could do!

Can we kindly see the score sheet of Mrs. Usman’s recorded marks? Please let is not be like the recent Local Government election in some states, where election materials arrived at the polling stations without the Result Sheets. If at all those scores were the basis for the cabinet changes, Nigerians want to see the scores of the persons in charge of fuel prices, fuel supply, food prices, transport fares, naira value, power supply, Band A power rates, ASUU and medical workers’ strikes, protracted minimum wage negotiations and its delayed implementation, as well as physical defence of communities from kidnappers and terrorists.

Pray, what was the JAMB-style Cut-Off Point for admission into the federal cabinet? Was it an A, a B, a tolerable C, or even some D scorers squeaked through? Considering that the former Minister of Education disallowed anyone under 18 from entering a higher institution, is there an age below which one cannot enter the Federal Executive Council?

What is the value of scandal in the ministerial assessment? Does it, for example, earn a minister a  Libya-style CAF punishment, a fine and deduction of points and goals scored? Ok, one minister who threatened to sue the United Nations and one minister who caused a national uproar by prioritizing entry age into higher institutions were discharged, but what was the score of the minister who completed many city infrastructure road projects but bogged down a state government and caused chaos in a Local Government election, including the burning of LGA offices? Was the assessment something like how they mark objective tests in a medical school, where for every wrong answer a student ticks, one correct answer that he ticked is subtracted?  That way, a 50% score could translate into a 0% score!

Cabinet reshuffle is a tricky art. It often buys precious political time for the Presidency, but only for a short while. The next clamour for cabinet changes will start early in May next year, because it is the Administration’s half-way mark.

The challenges in Nigeria’s educational sector are complex and pressing, encompassing poor quality, inadequate funding, limited access, and an outdated curriculum. The World Bank reports that Nigeria’s education sector is severely underfunded, with only about 7% of the federal budget allocated to education in 2024, well below the UNESCO-recommended 15-20% needed to make a meaningful impact. These systemic issues significantly impact Nigeria’s economy and social fabric, contributing to unemployment, poverty, and inequality. The need for reform is clear and urgent: transforming education is critical to Nigeria’s global growth and competitiveness.

The recent appointment of Dr. Tunji Alausa as the Minister of Education in Nigeria is a crucial and hopeful step in the nation’s urgent mission to revitalise its educational system. This change in the leadership of the education ministry underscores the president’s commitment to prioritising education reform as a cornerstone of Nigeria’s socio-economic development. Dr Alausa’s posting to the Ministry reflects a desire for credible leadership prioritising competence, experience, and integrity over political motivations. Having worked in the university system on three continents, Dr Alausa brings new hope for reform in the education sector. His appointment signals a commitment to impactful policies focusing on transparency and accountability. With a robust background in education and administration, he is expected to bring experience and knowledge to the Ministry, helping to break from the ineffective policies and practices of the past. 

For decades, Nigeria’s education sector has grappled with systemic failures that affect all levels of schooling. In primary education, over 10.5 million Nigerian children are out of school, representing the highest rate globally for out-of-school children. The majority are in the northern regions affected by poverty and conflict. Many primary schools lack basic amenities such as clean water, functional classrooms, and teaching materials, resulting in an environment that discourages learning and growth.

At the secondary level, transition rates are low, with many children who complete primary school not enrolling in secondary education. This gap is influenced by factors such as poverty, child labour, and insufficient infrastructure, leading to significant dropout rates and educational gaps. Additionally, with few secondary schools in Nigeria providing science laboratories, students are often unprepared for careers in science, technology, engineering, and mathematics (STEM), fields that are critical to Nigeria’s future competitiveness.

The challenges extend to the tertiary level, where Nigerian universities struggle with overcrowded classrooms, limited research funding, and chronic staff strikes. We have suboptimal teaching staff capacity and little research output. With approximately 2 million applicants vying for less than 600,000 spots each year, Nigeria’s tertiary education sector falls drastically short of meeting the demand for higher education. Moreover, Nigeria’s graduate unemployment rate is 33%, highlighting a mismatch between university training and the skills needed in the job market. Some argue that some of our graduates are unemployable. This situation demonstrates the urgent need for curriculum reform, stronger links between academia and industry, and a comprehensive strategy to address the skills gap.

The brand-new minister should call for immediate reforms in six critical areas that could lay the groundwork for long-term success and transformation in Nigeria’s education sector.

First, extensive policy changes and secure funding for primary education are essential. However, it’s crucial to ensure that local government autonomy does not endanger consistent support for primary schools. Whereas LGAs are responsible for funding primary education, we know this is not feasible in practice. The Federal Ministry of Education should propose a policy that sees all three tiers of government funding primary education. Again, federal and state governments need to revive school inspectorate.

Second, addressing the out-of-school children crisis requires targeted solutions, especially in marginalised and rural communities where the need is most acute. For example, programmes like the Better Education Service Delivery for All (BESDA), which focuses on re-enrolling children in schools, have shown promise in states like Kano and Katsina. However, more significant investment and expansion of such programmes will be needed to make a substantial dent in the out-of-school population. Specific initiatives targeting girls, who make up over 60% of the out-of-school children in Nigeria, will be essential to ensure gender parity in education and reduce the barriers that prevent young girls from completing their schooling.

Improving quality standards across all educational levels is also critical. Setting rigorous benchmarks for institutions and implementing accountability systems will help drive consistency and excellence. For example, programmes like the Quality Assurance Initiative introduced by the Universal Basic Education Commission (UBEC) aim to monitor and evaluate primary school performance, but similar initiatives must be scaled and extended to secondary and tertiary levels. The evaluation method of individual students needs to be reviewed. 

Furthermore, enhancing teacher training and certification processes is fundamental to improving quality. Over 50% of Nigerian teachers lack the qualifications to teach effectively. Nigeria can ensure educators have the skills and knowledge to deliver high-quality education by focusing on recruitment, certification, and ongoing professional development.

Ensuring access and equity is another vital focus area. Gaps in urban and rural access to quality education remain a significant challenge, with rural children being disproportionately impacted. Infrastructure and policy support for underserved areas can help bridge these divides. Initiatives such as the school-Based Management Committees (SBMCs), which involve community members in managing schools, have successfully improved local accountability and increased school enrolment in rural regions. Expanding these community-driven approaches will be instrumental in achieving equitable education for all Nigerian children.

The curriculum itself requires a comprehensive overhaul. In a world driven by technology and innovation, Nigerian students need an education emphasising critical thinking, creativity, and adaptability, aligning them with global standards and preparing them for competitive careers. Programmes like the National Policy on Science and Technology Education aim to revamp the curriculum to foster critical skills, but implementation has been inconsistent. We must make a nationwide effort to introduce STEM subjects early.

In terms of infrastructure, investment in physical and technological resources will enhance the learning environment. Data from the Federal Ministry of Education shows that only 30% of secondary schools have access to functional libraries, and even fewer have the necessary digital resources to support modern education. Upgrading facilities, establishing sustainable maintenance plans, and introducing digital learning resources in schools will be essential for creating a conducive learning environment.

To address these challenges, Dr. Alausa could consider implementing several innovative strategies. First, a National Education Technology (EdTech) Programme could be introduced to leverage digital solutions and bridge access gaps. Providing affordable tablets preloaded with interactive curricula to students in rural areas could improve access to learning resources and enhance the overall learning experience. This programme could be developed in partnership with EdTech companies, enabling students to access digital resources, interactive lessons, and adaptive learning tools tailored to their progress.

Establishing a National STEM Initiative would address Nigeria’s science and technology skills shortage. Creating specialised STEM-focused schools equipped with advanced laboratories and trained teachers would help students develop competencies in critical areas. The initiative could also promote a “STEM for Girls” programme, providing mentorship and scholarship opportunities to encourage young girls’ participation in STEM fields.

To tackle the high unemployment rates and skills mismatch among graduates, Dr Alausa could introduce vocational pathways within secondary education. A “dual education model,” similar to Germany’s, would combine academic learning with hands-on industry training. Offering vocational tracks in carpentry, digital literacy, and agriculture could provide students with practical skills, increasing their employability upon graduation. To support this model, public-private partnerships could help create a seamless connection between schools and industries.

Dr. Alausa could also launch a Teacher Training and Empowerment Academy to improve the quality of teaching nationwide. This academy would focus on modern pedagogy, digital literacy, and STEM teaching methods, ensuring teachers are well-equipped to meet the demands of today’s educational landscape. Accessible as both an online resource and through in-person sessions, the academy would provide ongoing professional development for teachers, leading to certifications and career advancement opportunities.

Regional Curriculum Innovation Centres could be established to ensure Nigeria’s curriculum remains relevant. These centres would work with industry experts, universities, and educators to continuously update the curriculum, integrating critical thinking, creativity, and industry-aligned skills. Such centres could help keep the curriculum adaptable to changing job market demands and regional educational needs, ensuring students are prepared for future challenges.

Finally, establishing Education Savings Accounts (ESAs) could provide financial assistance to low-income families, enabling them to save specifically for their children’s education. Such accounts, supported by government contributions or matching savings, could be used for education-related expenses, making education more affordable and accessible to low-income families. The current funds from the Education tax must be utilised appropriately to optimise the system. By allowing companies to “Adopt a School” and invest in facilities, technology, or libraries, PPPs would alleviate some of the financial pressures on the government and improve the learning experience across Nigeria.

Nigeria’s education sector requires a cohesive, long-term strategy to ensure sustained improvement. A comprehensive plan should involve collaboration among policymakers, educators, “industry”, “stakeholders”, and communities, creating a unified vision for the future of education. This grand strategy must include mechanisms for accountability, transparency, and sustained investment. While the road to meaningful reform is challenging, transformative change in Nigeria’s educational system is possible. Dr Tunji Alausa’s appointment signals a renewed focus on making Nigeria’s education system a powerful driver of progress, pivoting the transition from a resource-based to a knowledge-based economy, and providing young Nigerians with the skills and knowledge necessary to contribute to the nation’s growth and prosperity. With commitment, innovation, and perseverance, Nigeria’s education sector can be revitalised to meet the needs of future generations.

Elections are losing their values in Nigeria. They are becoming moribund and anachronistic. The question is why do we still pretend that elections are of any use in this country? Those who organise the exercise know too well that nothing serious is happening. Politicians also know there are no elections in the real sense of the word.

All over the world, election is a serious business and politicians do everything to outwit their opponents. As Americans prepares for their Presidential election in a few days’ time, main candidates are employing all propaganda to psyche down one another. But elections will hold and credible results will be declared to the satisfaction of majority of voters.

But Nigerian elections have ceased to excite the citizens. Results are hardly credible and the impunity of those who perpetrate the heist is irritatingly annoying. These have combined to push many people away from showing up at the polling booths on election day.

Like many other things in Nigeria, elections may have lost their value. Citizens are becoming increasingly weary of going to the polls, simply because they believe their votes would not and do not count.

Those who have adopted this position are being justified by the shambolic elections that are being organised by the Independent National Electoral Commission (INEC). Statistics, since 2007. It was better in 1999 when the country returned to civil rule, but subsequent elections have witnessed lower voter turnout than the ones preceding them.

Let me conduct you through the awful trajectory since 1999. It was 52.3percent in 1999; 69percent in 2003; 57.5percent in 2007; 53.7 percent in 2011; 43.7 percent in 2015; 34.8percent in 2019, and 28.63percent in 2023.

The consistent decline was in spite of the touted adoption of technology in the electoral process.

Increasing voter registration has failed to translate into more voters turning out to exercise their franchise.

President Bola Ahmed Tinubu of the ruling All Progressives Congress (APC) was declared winner with fewer than 9 million votes. With 36.61percent of the total votes cast, the President is presiding over a country of over 220 million people!

The situation is not better in sub-national elections as the high level of electoral malfeasance has discouraged many Nigerians from showing interest in the electoral process.

In the last off-cycle gubernatorial election in Edo, the turnout was pathetic. Voter turnout has been on the downward trend.

For instance, the turnout in the 2016 poll in Edo that brought Godwin Obaseki to power was 32.7percent, as 622,029 votes were cast out of 1,900,223 registered voters. In 2020, 24.9percent, or approximately 25percent, was recorded, in which 550, 242 people voted out of 2,210534 total registered voters. In the last election, only 22percent was recorded.

It does not seem that things will improve in the near future despite the gale of condemnation that trails the activities of election handlers and the rhetoric emanating from political practitioners.

The desperation of politicians is making elections in the country look laughable. Ahead of the Ondo State gubernatorial election, some chieftains of the ruling party are already claiming victory when the exercise has not been conducted.

They have also given the Governor of Anambra State, Chukwuma Soludo a notice that he should not waste his time and resources to seek re-election.

The way things seem at the moment, the ruling party may have perfected plans to win wherever and whenever elections are held going forward. For the party’s apparatchiks, it does not matter whether elections are free, fair or credible, what appears to matter is the end justifying the means.

Many Nigerians are saying that there is no need for the government at all levels to waste time and resources organising shambolic elections, but that they should just anoint their choices and crown them without disturbing the citizens.

The Sokoto State Ministry of Health has cautioned residents that cases of Acute Hemorrhagic Conjunctivitis, commonly known as Apollo is on the rise in recent weeks in the state.

Commissioner for Health in the state, Hajiya Asabe Balarabe, who announced this said the symptoms of the disease include sudden onset of red eyes, swelling pain and watery discharge which spread rapidly through contact with infected individuals and contaminated surfaces.

Hajiya Balarabe said as part of effort to contain the spread of the disease, the ministry has been sensitizing the people on the need to strictly adhere to preventive measures.

She noted that such measures include ensuring good hygiene, avoiding sharing personal items, disinfecting common surfaces, keeping social distancing and avoiding touching the eyes.

The Commissioner added that the ministry was actively monitoring the situation and enjoined people to always report to outbreak of any disease to the ministry for prompt action.

“A judge shall avoid developing excessively close relationship with frequent litigants – such as government ministers or their officials, municipal officials, police prosecutors in any court where the judge often sits, if such relationship could reasonably create an appearance of partiality.”

Rule 2.8, Revised Code of Conduct for Judicial Officers in Nigeria (2016)

Sylvanus Nsofor was a little-known Justice of the court of appeal when he breathed oxygen into Muhammadu Buhari’s political aspirations with his dissent in the presidential election petition in 2007. Eight years earlier, he had launched a unique career in the history of political litigation in Nigeria.

The case arose from the election into the office of chairman of the Obio/Akpor local government area (LGA) in Rivers state in Nigeria’s Niger Delta on December 12, 1998. Cyprian Tasie Wike was the candidate of the All Peoples Party (APP). Cyprian Chukwu flew the flag of the Alliance for Democracy (AD). After screening aspirants on November 24, 1998, the Peoples Democratic Party (PDP) settled on Ezenwo Nyesom Wike as its candidate. 

At the time, local elections were conducted by the Independent National Electoral Commission (INEC) and the PDP initially submitted Nyesom Wike’s name as their candidate. However, sometime before election day, the party substituted his name with Samuel Rogers Icheonwo. When it announced the results, INEC declared the candidate of the PDP as the winner with 40,370 votes, beating the candidate of the AD into second place with 11,441 votes. 

Nyesom Wike sued, claiming that INEC had announced Icheonwo as the winner when he was not lawfully sponsored by any party in the contest. The election petition tribunal struck out the petition, holding that it lacked jurisdiction “to resolve the issue as to who was sponsored by PDP.” 

Nyesom Wike appealed. In his judgment on behalf of a three-person panel of the court of appeal on 6 March 1999, Sylvanus Nsofor nullified the result announced by the INEC and ordered a re-run of the election with Nyesom Wike as the candidate of the PDP. Wike duly won the re-run to emerge as the chairman of the Obio/Akpor LGA.

In 2008, he became chief of staff to a Governor of Rivers state whose emergence rested on a somewhat improbable piece of judicial machination. 

After a stint as minister of state for education, Wike emerged in 2015 as the candidate of the PDP for the governorship of Rivers state. Following the election on 11-12 April 2015, the INEC declared him as the winner ahead of  Dakuku Peterside of the All Progressives Congress (APC). Peterside petitioned challenging the result declared by INEC. The tribunal granted his petition and initially set aside the result. The court of appeal agreed with the trial tribunal.

On 12 February 2016, the supreme court set aside the judgment of the court of appeal on a specious technicality and restored Nyesom Wike as duly elected. The author of the supreme court judgment was Kudirat Kekere-Ekun. 

In the past week, she and Nyesom Wike resumed mutual acquaintance. In the intervening nine years, Kekere-Ekun had risen to become Chief Justice of Nigeria (CJN) while Wike emerged in August 2023 as minister of the Federal Capital Territory. The venue was the flag-off of the construction by the minister of 40 units of judicial housing in Abuja. 

This was the latest chapter in Wike’s durable track record as Nigeria’s most prolific judicial benefactor. 

As governor of Rivers state, he gave 41 Range Rover sports utility vehicles (SUVs) to judges in the state. Customary court judges were not left out. He gave them 29 Renault SUVs while complaining about the “unfortunate unwillingness of the judiciary in Nigeria to seek true independence to discharge their functions.” 

The irony was clearly lost on him. 

In 2020, Wike donated 24 luxury duplexes to judges in Rivers State and reportedly “handed out $300,000 in cash to judges who preferred to build their own houses.” It was presumably tax-free. Then CJN, Tanko Muhammad, slavishly “applauded his generosity saying the gifts spoke of the ‘love the Rivers State governor has for the judiciary.’”

The love was fully requited. 

The previous year, in January 2019, the judiciary had made Wike’s re-election an electoral non-event when it disqualified the opposition APC from fielding any candidate against him.

Before leaving office as governor in 2023, Wike launched yet another construction of quarters for judges also in Rivers state, this time on a site “where his administration recently demolished flats initially belonging to Bayelsa state.” 

Now, as minister of the Federal Capital Territory, Wike’s political generosity has become fully federalised under the judicial benediction of yet another CJN. At the launch of the 40 new units of judicial housing in Abuja this past week, the minister had in attendance both the CJN and the PCA. Presumably keen to impress such high judicial presence, Wike serenaded them with testimony as to how he summarily revoked the land previously allocated to construction conglomerate, Julius Berger, in order to make it available for building suitable judicial digs. 

The high judicial figures present looked nothing if not suitably impressed, but the minister was only getting started. According to him, it was important “to build houses for judges so they would not be susceptible to temptations from unscrupulous politicians.” 

No one around had the presence of mind to ask him to look in the mirror. 

This has been described charitably as convenient overreach. A better description of it will be judicial subornation. In full public glare, the two senior-most judges in the country looked rather giddy as they advertised an undisguised breach of the Code of Conduct for Judicial Officers, whose effectiveness depends on their combined leadership and example. 

There is no political litigant in the country more prolific than the current minister of the FCT. He has an almost extra-terrestrial ability to normalise outcomes that defy all cannons of lawful judicial enterprise. If anyone fits the description of the prohibition in Rule 2.8 of the Judicial Conduct, it is Minister Wike. Yet, for him, the Chief Justice of Nigeria is happy to retrench that same Code of Conduct. 

It was not supposed to be like this. 

Jerome Udoji, one of Nigeria’s best-known lawyers and public servants, was born in Ozubulu in present-day Anambra state around 1912. Udoji was also the first indigenous district officer in the colonial civil service. He ended his civil service career as chief secretary to the government of the Eastern Region under the military coincidentally in 1967, the same year in which Wike officially was born.

When he got the opportunity to undertake a retrospective on his public tour of duty  in 1995, fifteen years before he died in 2010, Udoji chose to issue his memoirs with the title “Under Three Masters.” The three masters whom he served, of course, were colonial administrators, post-colonial civilian politicians, and their military usurpers. 

Each set of masters was not without exertions in seeking judicial subservience. Until now, they had usually encountered judicial resistance. Under the current dispensation, however, it is almost as if the government has a minister responsible for judicial subornation. To many, the leading judges have simply become Wiked and the country has a CJN who appears happy to have the judicial branch fully Nyesomized.

A lawyer and a teacher, Odinkalu can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. 

THE much-awaited cabinet reshuffle by President Bola Ahmed Tinubu came last Wednesday but I will be surprised if the shape and character of the reshuffle did not disappoint many. Most of the new names qualify as unknown quantities. Add this to the fact that many of the existing cabinet members were also names that did not ring a bell. If I attend an interview where I am asked questions on Ministers and their portfolios or even the state that they represent, I confess I will fail woefully! I cannot even claim to know the Minister or Ministers representing my state and their portfolio! I must admit that this may partly be a function of my own limitations. Some folks are silent achievers, though. We are likely to find them in the Tinubu cabinet, such that as time wears out, some of them may etch their name in gold with their stellar performance. They may come in incognito but leave as national heroes and heroines or even as international celebrities. I wish and pray for such to happen!

Cabinet reshuffles present presidents and governors with a vista of opportunities to chart a new course and enact a new beginning; correct mistakes made; reinvigorate the cabinet; energize it; recalibrate it; weed off dead woods; place round pegs in round holes; bring in new hands; transfuse fresh blood into the system; play around with fresh ideas and new ways not only of thinking but also of doing things; set new templates, parameters and mandates; respond to criticisms and new challenges, thereby demonstrating that its feedback mechanism is alive and well; re-invent the government and recover lost ground, lost trust and lost confidence; and line up the citizenry solidly behind the government and its plans, programmes and policies. For Tinubu whose campaign mantra was “Renewed Hope”, the cabinet reshuffle was a golden opportunity for him to restore the sagging hope of the people in his leadership and point them in the way forward. Did he succeed in doing that?

What is certain, however, is that Tinubu is a man of immense courage, great daring and audacity. It is not every president or governor that summons the courage to reshuffle their cabinet – the same way many of them shy away from signing death warrants! In his eight years in office, Buhari removed only two of his Ministers. In a little less than one-and-half years in office, Tinubu has deemed it fit to reshuffle his cabinet, removing five Ministers at a go. We may still expect more to come. Give it to Tinubu, he is a man imbued with a large dose of courage. In his allocutus during the orchestrated sedition trial (1963), the late sage, Chief Obafemi Awolowo, quoted Hugh Walpole, author of “Fortitude”, as saying: ‘Tis not life that matters, but the courage you bring to it”.

To escape from the vile dictator, Gen. Sani Abacha, into self-imposed exile and become an important member of the opposition National Democratic Coalition (NADECO), is courage. To escape the President Olusegun Obasanjo-contrived tsunami that uprooted all other Alliance for Democracy governors of the South-west in 2003 demanded uncommon courage. To go forward and not only survive the same President Obasanjo’s seizure of Lagos State local government funds but also leverage the challenge to make Lagos, perhaps, the only state out of the country’s 36 that can survive without allocations from the Federation Account takes courage.

Ever before the country’s Independence in 1960, efforts by politicians to form alliances have floundered at the altar of greed and suspicion and for Tinubu to succeed where even the founding fathers failed abjectly, in cobbling together the All Progressives Congress (APC) that wrested power from the ruling Peoples Democratic Party in 2015 demands courage and uncommon foresight. Yes, it takes a man imbued with foresight to deny himself today with the hope of reaping tomorrow. What a gambit! Hence his “Emilokan” desperation when he was about to be denied what he thought was rightfully his! When the trophy he had laboured for and sacrificed so much for was slipping through his fingers, he opened mouth, as they say!

It takes a man of unequalled courage to stoically suffer all the indignities he was subjected to throughout the eight years of Buhari’s rule without losing sight of his goal. Many times they gave him a bloodied nose; he was undeterred. His head, too, was bloodied; yet, unbowed! Tinubu literally stooped to conquer.

To snatch the APC presidential flag from the Buhari/Daura cabal hallmarked Tinubu’s political sagacity. To win the February 2023 presidential election despite the daunting obstacles stacked against him – unwavering, unhasting, unrelenting – shows the stuff of which Tinubu is made. I am bold to say that he is made of sterner stuff than many of his political adversaries! Mere mortals would have fainted when Tinubu waxed stronger. Other men would have turned their back where he undauntedly forged ahead.

Did Tinubu make Proverbs 24: 10 his forte? That scripture says if you faint in the day of adversity, your strength is small! Other scriptures say men ought always to pray and not to faint (Luke 18:1). Galatians 6:9 admonishes us not to become weary doing good for in due course we will reap if we faint not. This is not to say anything of the courage Tinubu reportedly suddenly “summoned” on his first day in office while reading his inauguration address to blurt out that “fuel subsidy is gone”, which, unfortunately, the whole country suffers from today. This shows that not all courage is positive or advisable. The elders counsel that if you wield power; learn to temper it! M’oja; m’osa!

How will Tinubu’s cabinet reshuffle resonate with the people when virtually all the critical areas where people had hoped there would be some rethinking were left untouched? Does it mean that the president is satisfied with the performance of the helmsman manning those positions? The security architecture was left untouched despite the worsening state of insecurity in many parts of the country. Is there anything the president knows that the ordinary citizens are not aware of? Power supply is another area where the people are being roasted alive; yet, the Minister in charge survived the cabinet shake-up. Once it became certain that a shake-up was imminent, power became relatively stable in my Agege area of Lagos state. Is this a hoodwink, deceit or bribe? The cost of foodstuffs has become prohibitive and no one knows what the Ministers in charge of Agriculture are doing about it; yet, they escaped the axe! Finance and the Central Bank also sit pretty despite the “palongo” that the national currency, the Naira, dances daily in the foreign exchange market. The unrelenting depreciation of the Naira is responsible for the hike in the price of virtually everything – imported and local.

The Oga Patapata of them all, the General Overseer of them all is the Petroleum Ministry/NNPC where nothing has been done to rejig the unholy alliance causing the citizenry so much pain. Tinubu himself sits pretty as the Minister of Petroleum Resources; he did not sack or reshuffle himself. Many had expected he would at least hand off the Ministry as well as rejig the whole NNPC apparatus. Had he done that, he would have given Nigerians something to cheer for!

Any positives from the cabinet reshuffle? Of course, yes! It would have been scandalous had Betta Edu returned as was being whispered all over the place. So, with her not returning, many will heave a sigh of relief. It is also in order that the woman in women affairs was asked to comot, as they say. She amassed two scandals in quick succession that cannot be easily glossed over. I don’t know much about the others who were sacked; so also about many of those newly enlisted. Bianca Odumegwu-Ojukwu (nee Onoh) is the only household name among the lot – whether for good or bad reasons is a topic for another day!

The sack of the Education minister, Tahir Mamman, raises questions: Is it because of the JAMB/admission age controversy? It could not have been because the law is extant, as they say; the sacked Minister only insisted the law be enforced. Maybe he did not do his homework well with the implementation, in the same way no proper homework was done before “fuel subsidy is gone” was blurted out. In both instances, we saw the chaos that followed! I wasted no time in throwing out of the window the other suggestion that Mamman’s alleged rapport with the unions might have been responsible for his sack! How can that be? His tenure, short-lived as it was, witnessed industrial peace on our campuses. At the last JAMB stakeholders meeting, his soundbites were positive: He emphasized the need for cordial relations between management and labour unions in the institutions of higher learning; he also warned Governing Councils against leveraging their positions to fleece the institutions and taxpayers.

Well, I give it to the president that he knows what he is doing, even though his cabinet appears more like a cabinet of the anonymous. Tinubu’s saving grace is, if, in the end, his cabinet delivers the good and proves every critic wrong. Otherwise…