AFTER what could be described in local police lingo as “two fighting”, Nigerians have, typically, moved on from the Professor Pat Utomi and Senator Ibikunle Amosun rhumba, having concluded, to borrow another jargon, this time from the Nigerian sporting dictionary, that it is “a one-one goalless draw”.

And who will blame them? Why dwell on an “if you Tarka me, I will Daboh you” kind of scandal for too long in a country where salacious scandals break at the speed of light?

For those who may be too young to know what the “if you Tarka me, I will Daboh you” phrase is all about, the story needs a retelling.

In the twilight of the General Yakubu Gowon military junta, two sons of the Middle Belt – Joseph Tarka and Chief Godwin Daboh Adzuana – were embroiled in what the music maestro, Fela Anikulapo-Kuti called roforofo fight.

Tarka, who was Minister of Transport and later Communications, had called on Nigerians to report corrupt government officials as a way to stem the pervading corruption at the time. Daboh, with whom he had fought a supremacy battle in the defunct United Middle Belt Congress, UMBC, and whose first foray into politics was in 1957, took up the challenge.

On July 8, 1974, Daboh alleged that Tarka had used his office to enrich himself by setting up a company, KEATAR through a proxy to execute multimillion contracts awarded by his ministry. It was an earth-shattering allegation. Daboh further claimed that Tarka had assigned a dedicated government telephone line to his mistress who wasn’t a government official.

The activist National Union of Nigerian Students, NUNS, issued a statement demanding probe and the University of Lagos Students Union also issued a statement through its General Secretary, Wole Olanipekun, who is now a Senior Advocate of Nigeria, SAN, threatening street protests if Tarka was not sacked. On July 13, 1974, Daboh upped the ante by swearing to an affidavit at the Lagos High Court on his allegations.

Commissioner of Police Sunday Adewusi, who later became Nigeria’s inspector General of Police, got involved and muddled the investigation. But by this time, the scandal had become too hot for the Gowon junta to handle. He kept mum while his Minister of Information, Chief Anthony Enahoro, warned journalists not to ask questions about Tarka.

This standoff lasted for three weeks. As the debate over Tarka’s fate raged, Daboh released tape of a telephone conversation of Tarka and a contractor in which he was heard demanding six per cent kickback. Cornered at a time when Nigerian politicians still had honour, Tarka resigned as minister on August 3, 1974.

It was his spirited effort to exact his pound of flesh rather than clearing his name that gave rise to the phrase, “If you Tarka me, I Daboh you.”

Back to the Utomi, Amosun tango. In the wake of the soured business relationship between Ogun State government and a Chinese firm, Zhongshan, which led to the seizure of three Nigerian presidential jets in France, Utomi alleged that he was also a victim of Amosun, the man who as governor revoked most contracts signed by his predecessor, Otunba gbenga Daniel.

In a post on his X handle on Sunday, August 18, Utomi said Amosun disregarded a contractual agreement he had with the Daniel administration like he did to the Chinese firm, leaving him with huge debt.

“So it was Gov Amosun’s violation of contract terms signed by his predecessor that brought the shame of seizure of jets from the Presidential fleet. I hope he is happy with his achievement. The whole matter is Karma at work. The Chinese were not the only victims. One prominent Ogun indigene allegedly committed suicide with similar Amosun action. I too was a victim. I had leased OPIC land in Lagos in a BOT agreement under Gov. Daniel. Amosun stopped all such on being sworn in,” he wrote.

Utomi mourned: “If this happened to a friend, I wondered what enemies were going through … I lost my weary South Africa partners who owned a successful regional chain across Southern Africa and Asia. I licked my wounds and slaved to pay off the loans. The Chinese had better leverage. They took it and all are shamed.”

But Amosun, who apparently read Utomi’s account of what transpired on TheNiche platform sent me a statement which he personally signed rebutting Utomi’s claims. Stating that the professor of political economy and management expert was still sulking because he refused to feed what he described as his entitlement mentality, Amosun added that the Ogun State House of Assembly had already declared Utomi an enemy of the state as a result of his predilection for shoddy business deals in the state even before he became governor.

“Before I came into office, the Ogun State House of Assembly had passed a persona non grata on Utomi, and put its resolution in the state’s black book. So, I was curious when I became governor and called Utomi to ask what the issue was. This was entirely at my discretion and not because he reached out to me. But I reckoned that as one with some degree of name-recognition, that should not be, and I wanted to know what happened.”

Claiming that he served Ogun State passionately with all his strength, the chartered accountant turned professional politician said: “Utomi knows his case did not even have any legs to stand on. He is not different from Zhongfu International Investment FXE. He knows he cannot lay claims to any lawful damage done to his investment. All he has tried to do is a ‘me too’, which is very disgraceful.”

An obviously horrified and affronted Utomi was alarmed when I told him what Amosun said. Short of calling the senator a liar, he wrote: “Accountants are supposed to be men of integrity. I am therefore sad at the many false indications of his reaction.”

Utomi said there was absolutely no reason for the Ogun State House of Assembly to declare him a persona non grata.

“I have just heard that for the first time today,” he lamented. “First, besides being invited to give a lecture at the state government retreat about 20 years ago and being asked to give the inauguration lecture for Governor Abiodun about five years ago, the only activity that has brought me in contact with Ogun State government is this 15-year BOT lease. So, on what account would the Ogun House do that?”

Beyond these statements which both Prof Utomi and Senator Amosun sent to me personally, I spoke to both men phone. Utomi on the one hand is distraught that Amosun deliberately smeared him as a counter punch to his allegations. Amosun on the other hand is sticking to his gun. And Nigerians, caring less, have moved on, waiting for the next scandal.

“It is their business. All of them are the same,” many insist and don’t see why they should bother when two elephants are fighting.

I beg to disagree. Nigeria has remained the way it is with leaders acting with impunity while in office because they know there are no consequences even out of office. Leaders should be held accountable rather than resorting to red herring and name-calling whenever they are called out. Rather than dismissing the Utomi-Amosun tango as a case of “two fighting,” it will be good to know who is telling the truth.

Amosun said the job Utomi did was not more than N35 million or at most N50 million even as he was claiming N200 million. Yet, he gifted him N100 million, a man that had allegedly been declared an enemy of the state by the lawmakers as a result of his predilection for shoddy business deals. Why did he decide to reward fraud?

Amosun also claimed that after declaring Utomi a persona non grata, the Ogun Assembly put its resolution in the state’s black book. Could he make that document available?

Ogun people should insist on knowing the truth about what their former governor did on their behalf. And unless he is able to provide these vital documents to nail the “entitled” professor, his response to Utomi’s expose on his alleged indiscretions in office is nothing but an “if you Tarka me, I Daboh you” parody.

The Federal Competition and Consumer Protection Commission, FCCPC, gave a month’s notice to traders and other market stakeholders involved in exploitative pricing to crash the prices of goods.

The Executive Vice-Chairman of the FCCPC, Mr. Tunji Bello, gave the order at a one-day stakeholders’ engagement on exploitative pricing yesterday in Abuja.

According to Bello, the commission will begin enforcement after the expiration of the notice.

He said the meeting was to address the growing trend of unreasonable pricing of consumer goods and services and unwholesome practices of market associations.

Bello said: “The issue of critical national importance of the day is the growing trend of unreasonable pricing of consumer goods and services across the country, and the unwholesome practice of market associations engaged in price fixing.

‘’As a responsive organization, we have carried out discreet market surveys extensively across the country in the past few weeks. Our findings are quite disturbing, to put it mildly. Therefore, our gathering here today (yesterday) is to underscore the gravity of the situation and the urgency of the need to work together to check this unwholesome development.

“As a statutory body whose mandate is to cater to consumer rights, we cannot allow this unhealthy trend to continue. To be sure, we quite recognize that an unfavourable exchange rate has negatively impacted the cost of production in local currency. However, the margin in pricing goods and services is unreasonable or excessive in a few cases.

‘’We have observed, for instance, that the margin in the prices of imported goods are very disproportionate in many cases; and in the case of locally produced goods, excessively inflated. This is an untenable situation, particularly in the retail segment, where we have identified patterns of price fixing perpetrated by some market associations, price gouging, and other anti-consumer practices.

Widespread price fixing

‘’For proper understanding, price fixing refers to an unholy agreement between competing businesses to set prices at a certain level. This can be done either explicitly or implicitly, and it prevents healthy competition that is otherwise expected to drive prices down and improve quality.

‘’Price gouging on the other hand occurs when sellers significantly increase the price of goods or services during a crisis or a period of economic challenge. This practice takes undue advantage of consumers.

‘’To illustrate, let me give you some glimpses of our findings. For instance, our check just two days ago at a popular supermarket chain in Texas, United States, revealed that a fruit blender called Ninja, is displayed on the shelf at $89 (roughly N140,000), just two days ago.

‘’Meanwhile, the same product was displayed at a popular supermarket on Victoria Island in Lagos for N944,999 on the same day and at the same hour. This represents more than 500 per cent inflation of the cost.

‘’Interestingly, when our undercover officer visited the same supermarket two weeks earlier, this same blender was on display with the price tag of N750,000.

‘’The question then arises: what is the basis for this arbitrary hike in the price of the blender, compared to the United States? What business principle can justify this level of profiteering?

‘’Perhaps, I should cite a few more of the unpleasant discoveries we made during our investigation. In some notable supermarkets surveyed discreetly in Abuja, Kano, Port Harcourt and Lagos, we also found that prices were arbitrarily jerked up from time to time without any justifiable reason.

‘’In one particular big supermarket in Abuja, for instance, consumers were being charged N2,600 for an imported toilet soap at the payment point as the price tag was not displayed as earlier mandated by FCCPC. The same toilet soap was displayed for sale at N1,950 at a popular supermarket in Lekki, Lagos, the same day. That already constitutes a double offence.

“From our findings, the penchant to hike prices arbitrarily is also common among sellers of food items and transport operators. When the foodstuff sellers were engaged, their common response was that the cost of transportation had increased.

‘’But how justifiable is it for the tomato seller to double the price of a basket of tomatoes simply because they paid higher transport fare? Whereas the price of the same basket of tomatoes was far cheaper at another market within the same jurisdiction surveyed by our field officers. Now, the question: did the seller who sold at a lower price not also pay the transport fare?

‘How price-fixing happens’

‘’In a typical foodstuff market environment, this is how price fixing happens. A trailer-load of yam tubers arrives at Wuse market in Abuja from, say, Benue State. Rather than allow free trade, the market cartel then inserts themselves between the produce farmers and the retailers.

‘’They buy in large quantities from the producer at cheap rate and, in turn, sell to market retailers at much higher price. And the retailers, in turn, sell to consumers at cut-throat rate.

‘’Such price fixing is no longer acceptable and FCCPC will, henceforth, crack down on those involved in this profiteering scheme.

‘’In the case of public transportation, again how justifiable is it for the bus driver to double their fare simply because they paid slightly higher for petrol? Of course, this will only result in a spiral of arbitrary hike in the prices of other services.

‘’The landlord who pays more for transport will probably seek to double their rent as a survival strategy. The school-owner asked to pay higher rent will also likely increase fees they charge students. That way, we all end up being losers with the cost of living becoming unbearable for everyone.

‘’In view of the current situation in Nigeria, let me, however, be very unequivocal. Price gouging and price fixing are not only unethical, but patently illegal under the FCCPA. As such, the FCCPC has the will and the capacity to invoke the full weight of the law against those found culpable of exploiting consumers.

“However, our approach today is not punitive or adversarial. To start with, we intentionally resolved to withhold the names of the aforementioned errant supermarkets, believing that, after this exposition, they will turn a new leaf and adjust their prices downward to a reasonable level.

‘’This approach is borne out of our conviction that dialogue and collaboration are equally important tools in fostering a fair marketplace. We believe that through constructive engagement, we can establish a framework for reasonable pricing that benefits all stakeholders, particularly the consumers who are the backbone of our economy.

‘’Please note that this new initiative by the FCCPC aligns with the renewed hope agenda of President Bola Tinubu, which prioritises the welfare of the Nigerian people in all economic activities. We are determined to uphold this agenda by ensuring that market practices do not exacerbate the economic challenges faced by our citizens at this time.

‘’Good enough, as a sensitive leader who cares for the welfare of the citizens, President Bola Tinubu has already graciously taken some pragmatic steps to ease food security in the country, including the provision of fertilizer to farmers as well as removal of tariffs on the importation of selected staple food items.

‘’It is only just and reasonable that distributors and traders pass down the gains to Nigerian consumers by reducing prices in the coming weeks.

‘’As we move forward, I therefore call on all stakeholders to embrace the spirit of patriotism and cooperation. Let us talk to ourselves. The law empowers the commission to impose heavy fine for breaches and also prosecute offenders which could lead to jail terms.

‘’For instance, Section 107 (4a.) of FCCPA clearly states: “Where the undertaking is a natural person, is liable on conviction to imprisonment for a term not exceeding three years or to payment of a fine not exceeding N10,000,000.00 (N10m) or to both the fine and imprisonment.

‘’Section 107 (4b.) also states that, “Where the undertaking is a body corporate, is liable on conviction to a fine not exceeding 10% of its turnover in the preceding business year.

“But in the spirit of democracy, we are first exploring the option of dialogue. It is also in this spirit that we are giving a moratorium of one month (that is, September) before the commission will start firm enforcement. Let us work together to create a marketplace that is not only competitive but also fair and just.

‘’The FCCPC is committed to continuing these dialogues, monitoring compliance, and taking decisive action where necessary.’’

Why prices go up, by sellers

Some of the market stakeholders who spoke at the engagement, said high cost of transportation, insecurity, multiple taxation, among others, were reasons for the continuous increase in prices of goods and services.

Mr Ifeanyi Okonkwo, the Chairman, National Association of Nigerian Traders, FCT chapter, said charges on imported goods at the ports had also contributed to the hike in prices.

Okonkwo appealed to the commission to set up a taskforce and involve the association in its enforcement.

Mr Emmanuel Odugwu from Kugbo Spare Parts market, said the initial cost of transportation of a trailer load of tyres from Lagos to Abuja was N450,000, noting it now cost over one million naira to transport same.

Ms Kemi Ashiri, the Liaison Manager, Flour Mills, said fines by regulators need to be harmonised for businesses to thrive.

Ikenna Ubaka, who spoke on behalf of supermarket owners, alleged that banks’ interest rates to them were over 30 per cent, and that rent increments and hike in prices by distribution/ supply chains were reasons for the high cost of goods.

Ubaka also alleged that electricity distribution companies were charging supermarkets exorbitantly.

Mr Solomon Ukeme, who represented Master Bakers Association, said rapid increment of major ingredients such as flour, sugar and butter, contributed to the high cost of confectioneries.

He said a bag of flour formerly sold for N34,000, was now being sold for N74,000, noting also that multiple taxation remained the major cause for the high cost of bread.

Price reduction, a mirage unless insecurity, high transportation costs are reduced — TUC

Reacting to the development yesterday, 1st Deputy President, Trade Union Congress of Nigeria, TUC, Dr. Tommy Okon, said until the issue of insecurity and high cost of transportation of goods and services were addressed, any talk of reduction of price within a month or more would be a mirage.

‘’Farmers pay to access their farms and also pay for transportation as well as extortion by security agencies and touts along the highways. All these are factored into the prices of goods. Until all the variables are addresed by government, there is no way prices of goods will come down..’’

‘Direct price control can create shortages’

Reacting, Clifford Egbomeade, Public Analyst and Communications Expert, said: “The Federal Competition and Consumer Protection Commission’s initiative to force traders to lower prices, amid inflation and economic hardship, while well-intentioned, could have unintended consequences.

‘’Direct price controls often disrupt the natural balance of supply and demand, leading to potential shortages as traders might find it unprofitable to sell at the mandated prices. This kind of intervention risks distorting the market and may not address the root causes of inflation.

“For small and medium-sized enterprises, SMEs, which typically operate with slim profit margins, such controls could be particularly damaging. Many SMEs might struggle to sustain their businesses under enforced price reductions, leading to closures and job losses, which would have a broader negative impact on the economy.

‘’The informal sector, a significant part of the Nigerian economy, could be disproportionately affected by these measures.“A more sustainable approach might involve strengthening social safety nets and improving supply chains to reduce costs naturally. Supporting local production and implementing targeted subsidies for essential goods could also help mitigate the impact of inflation without distorting market dynamics.

‘’Ultimately, while the FCCPC’s efforts may provide temporary relief, addressing the underlying economic factors driving inflation would lead to more lasting solutions.”

FG has no right to force traders to crash prices- Barr Onwuka

In her reaction, a human rights activist, Barrister Charity Onwuka, said: “This is very appalling really, another mess up by the APC-led administration.

The federal government has no right whatsoever to force traders to crash prices because the traders bought the commodities or items at a very high rate. According to her, this will lead to artificial scarcity because traders will rather hoard their goods than sell at a very low rate to their detriment.

She said: ‘’The government should rather have a more practical and pragmatic approach to resolve the inflation in the economy.

‘’As a citizen of Nigeria, I suggest, as is being widely advocated, that the cost of governance should be crashed to the barest minimum and experienced economic experts should be consulted to advise on the way forward, rather than compensating political faithful and family members by giving them key positions wherein they can’t make positive impacts for the good of everyone in the country!”

[Vanguard]

The issue of critical national importance of the day is the growing trend of unreasonable pricing of consumer goods and services across the country, and the unwholesome practice of market associations engaged in price fixing.

As a responsive organization, we have carried out discreet market surveys extensively across the country in the past few weeks. Our findings are quite disturbing, to put it mildly. Therefore, our gathering here today is to underscore the gravity of the situation and urgency of the need that we both work together to check this unwholesome development.

As a statutory body whose mandate is to cater to consumer rights, we cannot allow this unhealthy trend to continue.

To be sure, we quite recognize that an unfavourable exchange rate has negatively impacted the cost of production in local currency. However, the margin in pricing of goods and services is rather unreasonable or excessive in not a few cases.

We have observed, for instance, that the margin in the prices of imported goods are very disproportionate in many cases; and in the case of locally produced goods, excessively inflated. This is an untenable situation, particularly in the retail segment, where we have identified patterns of price fixing perpetrated by some market associations, price gouging, and other anti-consumer practices.

For proper understanding, price fixing refers to an unholy agreement between competing businesses to set prices at a certain level. This can be done either explicitly or implicitly, and it prevents healthy competition that is otherwise expected to drive prices down and improve quality.

Price gouging on the other hand occurs when sellers significantly increase the price of goods or services during a crisis or a period of economic challenge. This practice takes undue advantage of the consumers.

To illustrate, let me give you some glimpses of our findings. For instance, our check just two days ago at a popular supermarket chain in Texas, United States, revealed that a fruit blender called Ninja is displayed on the shelf at $89 (roughly N140,000). Just two days ago. Meanwhile, the same product was displayed at a popular supermarket at Victoria Island in Lagos for N944,999 on the same day and at the same hour. This represents more than 500 percent inflation of the cost.

Interestingly, when our undercover officer visited the same supermarket two weeks earlier, this same blender was on display with the price tag of N750,000.
The question then arises: what is the basis for this arbitrary hike in the price of the blender compared to the United States? What business principle can justify this level of profiteering?

Perhaps, I should cite a few more of the unpleasant discoveries we made during our investigation. In some notable supermarkets surveyed discreetly in Abuja, Kano, Port Harcout and Lagos, we also found that prices were arbitrarily jacked up from time to time without any justifiable reason. In one particular big supermarket in Abuja, for instance, consumers were being charged N2,600 for an imported toilet soap at the payment point as the price tag was not displayed as earlier mandated by FCCPC. The same toilet soap was displayed for sale at N1,950 at a popular supermarket in Lekki, Lagos the same day. That already constitutes a double offense.

From our findings, the penchant to hike prices arbitrarily is also common among sellers of food items and transport operators. When the foodstuff sellers were engaged, their common response was that the cost of transportation had increased. But how justifiable is it for the tomato seller to double the price of a basket of tomatoes simply because they paid higher transport fare? Whereas the price of the same basket of tomatoes was far cheaper at another market within the same jurisdiction surveyed by our field officers. Now, the question: did the seller who sold at a lower price not also pay transport fare?

In a typical foodstuff market environment, this is how price fixing happens. A trailer-load of yam tubers arrives Wuse market in Abuja from, say, Benue state. Rather than allow free trade, the market cartel then insert themselves between the produce farmers and the retailers. They buy in large quantities from the producer at cheap rate and, in turn, sell to market retailers at much higher price. And the retailers, in turn, sell to consumers at cut-throat rate.

Such price fixing is no longer acceptable and FCCPC will henceforth crack down on those involved in this profiteering scheme.

In the case of public transportation, again how justifiable is it for the bus driver to double their fare simply because they paid slightly higher for petrol? Of course, this will only result in a spiral of arbitrary hike in the prices of other services. The landlord who pays more for transport will probably seek to double their own rent as a survival strategy. The school-owner asked to pay higher rent will also likely increase the fees they charge students. That way, we all end up being losers with the cost of living becoming unbearable for everyone.

In view of the current situation in Nigeria, let me however be very unequivocal. Price gouging and price fixing are not only unethical, but patently illegal under the FCCPA. As such, the FCCPC has the will and the capacity to invoke the full weight of the law against those found culpable of exploiting consumers.

However, our approach today is not punitive or adversarial. To start with, we intentionally resolved to withhold the names of the aforementioned errant supermarket, believing that, after this exposition, they will turn a new leaf and adjust their prices downward to a reasonable level.

This approach is borne out of our conviction that dialogue and collaboration are equally important tools in fostering a fair marketplace. We believe that through constructive engagement, we can establish a framework for reasonable pricing that benefits all stakeholders, particularly the consumers who are the backbone of our economy.

Please note that this new initiative by the FCCPC aligns with the renewed hope agenda of President Bola Tinubu, which prioritises the welfare of the Nigerian people in all economic activities. We are determined to uphold this agenda by ensuring that market practices do not exacerbate the economic challenges faced by our citizens at this time.

Good enough, as a sensitive leader who cares for the welfare of the citizens, President Bola Tinubu has already graciously taken some pragmatic steps to ease food security in the country, including the provision of fertilizer to farmers as well as removal of tariffs on the importation of selected staple food items. It is only just and reasonable that distributors and traders pass down the gains to Nigerian consumers by reducing prices in the coming weeks.

As we move forward, I therefore call on all stakeholders to embrace the spirit of patriotism and cooperation. Let us talk to ourselves. The law empowers the commission to impose heavy fine for breaches and also prosecute offenders which could lead to jail terms.

For instance, Section 107 (4a.) of FCCPA clearly states that, “Where the undertaking is a natural person, is liable on conviction to imprisonment for a term not exceeding three years or to payment of a fine not exceeding N10,000,000.00 (N10m) or to both the fine and imprisonment.”

Section 107 (4b.) also states that, “Where the undertaking is a body corporate, is liable on conviction to a fine not exceeding 10% of its turnover in the preceding business year.”

But in the spirit of democracy, we are first exploring the option of dialogue. It is also in this spirit that we are giving a moratorium of one month (that is, September) before the Commission will start firm enforcement. Let us work together to create a marketplace that is not only competitive but also fair and just. The FCCPC is committed to continuing these dialogues, monitoring compliance, and taking decisive action where necessary.

Being excerpts from the keynote address on Thursday, August 29, by the executive vice-chairman/chief executive officer, FCCPC, Tunji Bello, at a stakeholder meeting on exploitative pricing. 

In the years 2000 to 2006, I watched with great interest the national furore and legislative resistance that greeted President Obasanjo’s request for an upgrade of the presidential jet. 

The presidential jet, a Boeing 727-200 acquired 17 years before, had been modified in Seattle, Washington, USA and had its conventional wings replaced with winglets.

The Boeing 727-200 was one of Boeing's best selling aircraft during its production run between 1962 and 1984. Yet as technology improved, such as increased aircraft automation and jet engine design, the jets lost their appeal.

Unlike jets flying today, the Boeing 727-200 had older low-bypass turbofan Pratt & Whitney JT8D jet engines which were extremely noisy. 

The loud P & W JT8D engines blasted ears and rattled windows throughout the 1970s, 80s and 90s. As a result, existing 727s had to be fitted with hush kits to comply with increasingly new regulations on noise and pollution control, especially at designated international airports across the world. 

While US Federal requirements stated that all civil aircraft must meet quieter ‘stage 3” noise regulations by January 1, 2000, The EU Noise Rule, which was to be effective in April 2002, banned aircrafts fitted with hush kits or devices that reduce aircraft noise. 

EU leaders had approved the hush-kit ban in April 1999 but delayed its implementation, first by 12 months, after an unprecedented lobbying campaign by Washington, which feared that it would hit billions of dollars worth of American-made aircraft and equipment, such as President Obasanjo’s Boeing 727-200, and so while the presidential jet may not have problem traveling to the United States and some other countries, it will not be allowed in European Union airspace. 

Unfortunately, the national conversations generated at that time were tainted ignorance, vain politics and reckless hypocrisy. 

Both houses of the National Assembly at the time, headed by Okadigbo and Na’abba, remained combative for many years with the Presidency over the issue of the presidential jet. 

It was not until the presidential jet developed a hydraulic problem after in Davos, Switzerland after the President’s attendance of the World Economic Forum where the President was stranded for more than 12 hours, and the near crash of a another presidential jet conveying Vice President Atiku from official trip to Portugal demanding an emergency landing in the Spanish Island of Tenerife that the National Assembly decided to agree and consider a complete overhaul of the presidential fleet with 8 new aircrafts to cater for not just the President, but the President of the Senate, the Speaker of the House of Representatives and the Chief Justice of the Federation.

This explains why it is not uncommon to see the Senate President, or the Speaker of the House of Representatives being ferried around in an executive jet drawn from the pool of the presidential fleet. 

It took Obasanjo far more hassle to get his plane than it took most of the jet craving Governors at the time to get theirs. For instance, Rivers State Governor Peter Odili acquired a private jet much before the President. He did not just acquire an Embraer Jet for his exclusive use, but also acquired another aircraft for use as an air ambulance.  

The fact remains that the procurement of an executive jet befitting for a President, or a State Governor is an expensive adventure that will always provoke combustive national conversations. Such conversations are usual, and typical for any democracy. 

When Boeing, the Seattle based American aircraft manufacturer presented President Donald Trump with a $5 billion for two new presidential jets (747-8) to replace the current two 747-200s (VC-25) that had served for about 34 years, it was to Twitter that President Trump ran to exclaim “Cancel Order!”. 

Boeing eventually brought its bill down to $3.9 billion, a decision Boeing regrets today as they have consistently missed delivery deadlines, citing COVID-19 and unexpected design and material supply challenges. 

National conversations of this sort are useful, enlightening and should always be encouraged. This is the good thing with democracy, or democratic experiments. Problems only arise when these conversations are laced with ignorance, mischief and barefaced hypocrisy.  

You do not get these kinds of national conversations in dictatorships. 

For instance, no one questioned Nigeria’s former ruler, Sani Abacha when he decided on a presidential jet for himself or the presidential fleet. 

We do not  hear the Chinese complain about how many aircrafts the president owns in his fleet. Neither do you hear them speak up when a ruling party dictates a documented national decree of one-man-one-wife-one-child, as a way of taming its exploding  population and containing its rapidly declining economy. 

The conversations that have followed the decision of the Tinubu presidency to upgrade the presidential jet and trade-in a few other aircrafts in the presidential fleet have not been healthy improvements on those raised during the Obasanjo years. 

Last week, Daily Trust, a Nigerian newspaper carried a title stating that the United States President was still using an aircraft that was 34-years old while the Presidency was seeking to upgrade an aircraft that was barely 20 years old. 

The article did not state the fact that Air Force One, the call sign of the United States official presidential jet, is a title currently shared by two Boeing VC-25, military versions of the Boeing 747 airliner, modified for presidential transport. 

The first was delivered on September 6,1990. The second, an exact replica, was delivered on March 26, 1991.  And so they have both shared 36 years of service to about three US Presidents between them. 

The two VC-25As are slated for retirement, the first in 2027, and the second in 2028.  

On February 27,  2018, the White House announced a $3.9 billion agreement with Boeing to modify two unsold 747-8 Intercontinental (747-8i) to replace the current VC-25As. The new aircrafts will be designated VC-25B and are due for delivery in 2027 and 2028.

Unlike the Nigerian presidential jet, the old VC-25As will not be commercially traded off for profit but will be retired from service and placed in museums.

The Boeing 737-200 that President Tinubu inherited has a working life span of about 30 years. 

Over the years, the 737-200 has built a global reputation as a short haul work horse even though its duties at the Nigerian presidency has seen it being called up for long hauls at relatively short notice which may have over stretched it a bit. 

With increasing age especially at more than 15 years of continued steady service, the cost of a detailed maintenance check such as a D Check (or P48 check) which involves more than 20,000 to 40,000 man-hours, runs into millions of dollars. 

I am sure President Tinubu would not have bothered to change the jet if not for the series of small challenges that have arisen in recent times during his several trips abroad. Issues like hydraulic malfunction to leakages have hampered the President’s travel.

The decision to trade in the Boeing 737-700 for an Airbus A320 is a good one considering that the A320 is better suited for long hauls and can effortlessly carry out some of the many tasking travel challenges that the President’s itinerary entails. Besides, the fact that the Presidency was able to commandeer a deal that saved the country more than $400 million is also worth considering. 

Already according to online listings, the old presidential jet, a 19.1 year old VIP configured Boeing 737-700 (BBJ) has been put up for sale. 

ADS-B data shows that the 5N-FGT (MSN 34260) was ferried from Abuja to Basel/Mulhouse/Freiburg in Switzerland on March 25.

According to the listing, the aircraft underwent B1(mechanics - engines and airframes) and B2 (Avionics –instrumentation, electrical/electronic equipment) inspections, plus C1 and C2 maintenance by AMAC Aerospace in Basel in July 2024. The twin jet had clocked up 3,821 flying hours and 1,881 landings. 

Its replacement, a foreclosed ACJ330-200, VP-CAC (MSN 1053) now 5N-FGA has also arrived Nigeria and has since resumed presidential duties. 

The new acquisition came after the House of Representatives Committee on National Security and Intelligence recommended acquiring new aircraft for President Bola Ahmed Tinubu and his Vice President due to high maintenance costs and operational issues with the current presidential fleet, which is operated by the Nigerian Air Force but overseen by the Office of the National Security Adviser led by Nigeria’s famed former Anti-Corruption Czar Nuhu Ribadu. 

The presidential fixed wing fleet also comprises the Vice President’s 13 year old Gulfstream Aerospace G55, a Gulfstream G500, two Falcon 7X, a hawker 4000 and a Challenger 605 though three of these aircraft are reportedly unserviceable and will be sold off as well. 

Between 2016 and 2024, the cost of managing the presidential fleet has skyrocketed by more than 200% with maintenance expenses of each aircraft ranging from from $1.5 million to $4.5 million annually. 

Be that as it may, this new business jet, with a far larger capacity and travel time than the other, will still be due for replacement in the next ten to fifteen years, as it would be best for Nigeria to sell it off before it completely loses its second-, or third-hand value. 

My prayer is that when the next national conversation on presidential jet replacement or upgrade comes,  it would be far more informed, far more guided, and devoid of the parochial politics of yesteryears and the myopic, mischievous and malicious idiosyncrasies of yesterday, especially in this day and age when information can easily be accessed and interrogated thanks to the internet. 

Our hope and earnest wishes are that the President should put these equipments to good use and for the betterment of our country and its people. 

George Kerley writes from Port Harcourt

Waheed Ayilara, Commissioner of Police in Akwa Ibom State, is dead.

Ayilara, who took over the State Command of Nigeria Police Force in February, died while undergoing surgery at a popular hospital in Lagos State.

The deceased was said to have had prostate cancer surgery on Wednesday before he died hours later.

Lagos State Police Command Public Relations Officer, Benjamin Hundeyin, was unavailable for comment at the time of filing this report.

Late last year, Ayilara had a stint as acting Commissioner of Police in Lagos.

The former Deputy Commissioner of Police in charge of the State Criminal Investigation Department,0 took over from AIG Idowu Owohunwa.

It was after acting as head of Lagos Police Command that he was deployed to Akwa Ibom.

[DailyTrust]

Liverpool’s latest signing, Federico Chiesa, has explained why he joined the club as a free agent.

Liverpool officially announced the signing of Chiesa on Thursday.

The 26-year-old forward joined the Premier League giants on a long-term deal after his contract with Juventus expired.

Speaking after signing for Liverpool, the Italy international suggested that he joined the Reds because of the club’s history and what its fans represent.

“I’m so happy to be a Liverpool player. When Richard Hughes called me and he said, ‘Do you want to join Liverpool?’ – and the coach called me – I said yes immediately because I know the history of this club, I know what it represents to the fan,” Chiesa told Liverpool’s website.

“So, I’m so happy and I can’t wait to get started.”

[Dailypost]

Tino Anjorin has completed a permanent transfer to Serie A side Empoli.

According to a post on Chelsea Football Club’s website on Thursday, Anjorin, who first trained with Chelsea at the age of six, officially signed as an under-9 and progressed through the Academy at Cobham.

Tino signed his first professional contract in November 2018 and moved up to the Under-21s squad ahead of the 2019/20 season.

It was an impressive campaign for the midfielder, as he was handed his senior debut against Grimsby Town, made his Premier League debut against Everton, and helped the Under-21s win Premier League Two.

“Tino was involved in several match-day squads throughout the following season, making his Champions League debut and full Premier League debut, and then embarked on several loan spells.

“We would like to thank Tino for all his efforts while at the club and wish him well as he begins the next chapter in his career,” Chelsea Football Club added.

[Punch]

Since the advent of Nigeria’s 25-year democracy, the Independent National Electoral Commission (INEC) and the National Assembly have reformed election laws and regulationsbefore and after every general election. These amendments are designed to address the flaws experienced in previous elections. As more reforms are introduced in the electoral process, efforts by political actors to circumvent the reform also intensify. The 2023 election produced the most politically diverse National Assembly, and several electoral upsets were recorded across states. Notwithstanding, the election failed to meet public expectations due to several reasons ranging from operational inefficiencies, technological challenges, voter suppression, and non-compliance with electoral laws, amongst others.

The period cycle was marked by forum shopping and wanton disregard for the agelong doctrine of stare decisis (judicial precedent), leading to conflicting judgments on cases with similar material facts. Additionally, substantial justice was sacrificed on the altar of legal technicalities, which rolled back key reforms to the electoral legal framework and eroded public trust in the judiciary. This prompted the Body of Benchers to constitute a committee headed by the former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, to address this menace of conflicting court judgments.

The enactment of the Electoral Act 2022 was predicated on the belief that a new electoral legal framework would address the intractable problems of election manipulation, electoral impunity, operational inefficiencies and weak democratic institutions plaguing Nigeria’s electoral process. The Act, widely adjudged as the most progressive electoral legislation in Nigeria’s recent history, produced positive outcomes in the last elections. However, several loopholes were exposed during its first application in the 2023 general election. These ambiguities were the grounds for extensive legal contestations after the elections. Some of these ambiguities include the uncertainty regarding the stage for comparing physical copies of results and electronically transmitted results. Also, the definition of “transmitted directly” or “electronically transmitted” is vague. It is unclear if the term “transmitted directly” used in Sections 60 and 64 of the Electoral Act regarding collation of results refers to electronic transmission. Although INEC was vested with the power to review declarations/returns made involuntarily or contrary to law, Regulations and Guidelines, the modalities and procedures for exercising this power were not prescribed in the Act or INEC guidelines, leaving a vacuum for controversies and uncertainty. A cumulative reading of the proviso to Section 65(1) of the Electoral Act 2022 and Regulation 90 of INEC regulations does not indicate who can file a report, and the procedure for filing a report indicating declaration/return made under duress or contrary to law, Regulations and Guidelines.

The current electoral jurisprudence based on recent judicial decisions on election cases

One of the most prominent debates in Nigeria’s electoral jurisprudence is the legality of innovations introduced by INEC through Regulations, Guidelines and Manuals issued pursuant to the powers vested on the Commission by the Constitution and the Electoral Act. Since 2015, the Courts have maintained that innovations like Smart Card Reader, BVAS and IReV require statutory enactment to enjoy the force of law. This posture of the Supreme Court creates contradictions in the electoral system. When a principal legislation confers powers on an institution to issue guidelines for its operations, such guidelines should have a binding effect because they derive from the principal Act, especially where the institution exercised the power within its scope. It is illogical for the Court to maintain that electronic transmission into the IReV portal is not a legal requirement simply because it was introduced in the guidelines rather than in the Electoral Act.

The intention of the framers of the Constitution in S.160 and S.148 of the Electoral Act 2022 was to donate discretionary powers to INEC to determine the procedure for results transmission. These provisions ultimately protect INEC’s independence as a regulatory institution and provide INEC with the flexibility required to facilitate operational innovations in the electoral process given the dynamic nature of the electoral process. It’s an established rule that principal legislations like the Constitution and Electoral Act provide a broad legislative framework. Therefore, outlining detailed procedures in the principal legislation would amount to over-legislation. The current case law negates these legal provisions and undermines the legislative intent to empower INEC.

5. The absence of a presiding officer’s signature, stamp and date on a ballot paper will not render a marked ballot paper invalid. The Supreme Court has established that as long as a Returning officer is satisfied that a ballot paper was from a book of ballot papers which was furnished to the presiding officer for use at his or her polling unit, the condition that the ballot paper must be signed is not compulsory. The Court’s decision is consistent with Section 63(2).

Addressing unresolved electoral reform issues

First, attitudinal change among politicians is the most critical electoral reform Nigeria requires. A fundamental shift in the behaviour of politicians to toward electoral politics would radically deepen the integrity of elections. Politicians should demonstrate commitment to democratic values and respect the will of the people as an act of patriotism and dedication to nation-building.

Second, the legal status of INEC’s Regulations, Guidelines and Manual should be stated explicitly in the Electoral Act to strengthen its enforcement, safeguard INEC’s independence of INEC and facilitate the introduction of innovations to enhance the integrity of the electoral process.

Third, the Electoral Act should be amended to resolve all the ambiguities in the results collation and transmission process, including stating the role of technology in results management.The Act should make electronic transmission of results mandatory, including the upload of polling unit-level results and results sheets used at different levels of results collation.

Fourth, appeals on pre-election matters related to National Assembly and State Houses of Assembly elections should terminate at the Court of Appeal.  

Fifth, the requirement for voter identification should be expanded: With the successful introduction of the BVAS, which stores biometric information of voters, the Electoral Act 2022 should be amended to permit the use of other legally acceptable means of identification for voter verification in addition to the already produced Permanent Voters’ Card (PVCs). These means of identification include a driver’s license, international passport, national identity card, electronically downloadable voters’ card from the INEC website and any other means of identification as may be determined by INEC.

In conclusion, the 2023 elections reinforced five undisputed factors central to rebuilding public trust and enhancing the integrity of Nigerian elections. First, attitudinal change among politicians is a condition for rebuilding public confidence in the electoral process. Second, the electoral governance architecture, especially INEC, requires fundamental reforms. Third, the 2022 Electoral Act contains ambiguities and inadequacies that make the electoral process susceptible to capture and manipulation. Fourth, the right to vote requires additional legal and administrative protection as voter disenfranchisement and suppression intensify in each electoral cycle. Lastly, accountability institutions must function effectively and impartially to abate electoral impunity.

Excerpts from a Paper presented at the Nigerian Bar Association (NBA) 2024 Annual General Conference, Lagos, 27th August 2024

Vice-President Kashim Shettima has appealed to his fellow compatriots and associates and numerous well-wishers across the country not to place congratulatory ads on his 58th birthday.

He made the appeal in a statement issued by Mr Stanley Nkwocha, the Senior Special Assistant to the President on Media and
Communications (Office of The Vice President), on Thursday in Abuja.

The News Agency of Nigeria (NAN) reports that the vice-president will turn 58 years old on Monday, Sept. 2.

Shettima, therefore, implored friends and associates who may wish to place goodwill messages as advertisements to
kindly donate the funds to charity organisations and vulnerable citizens instead.

The vice-president insisted that he would not want an elaborate pomp marking the day.

“As this auspicious moment draws closer, V-P Shettima fervently implores family members, friends, and associates who may wish to place goodwill messages as advertisements to kindly donate the funds to charity organisations and vulnerable citizens instead.

“This aligns with the commitment of the Renewed Hope Administration of President Bola Tinubu to address issues of development and economic growth, as well as improving the living conditions of Nigerians.

“The vice president remains ever grateful for the goodwill he enjoys from Nigerians and the best wishes a great number of his well-wishers have demonstrated towards him over the years.”

[Nigeria Tribune]

Abdullahi Ganduje, national chair of All Progressives Congress (APC), says the party will win the forthcoming governorship elections in Edo and Ondo states.

Ganduje said a “political machinery” has been put in place to pave the way for a landslide victory of the party’s candidate in Edo.

Speaking during a visit by the leadership of the Nigeria Union of Journalists (NUJ), Kano correspondents’ chapel, Ganduje said the APC is ready to recover the state from the People’s Democratic Party (PDP).

“I believe our campaign is in high spirit, we are getting ready for that election and we believe we will be able to recover our state,” he said.

“If we win Edo, we will be getting an additional state for the party. It will be 21 states out of 36.

“This is because it was an APC state but because of internal bubbles, we lost it to PDP but we are sure we will recover that state.

”For Ondo state, it’s already an APC state and when the former governor died, he left a number of problems,but we were able to resolve those issues.

”We conducted primaries, we succeeded in getting the person that they wanted.”

Ganduje said that the party is also getting ready for the governorship election in Anambra.

He said the APC has been putting measures in place to take control of the states in the south-east geopolitical zone.

“Next year, there will be Anambra, which has been a state governed by APGA for many years, but we have introduced a new scheme,” he said.

”The north, south-east political zones are all claiming that they have been marginalised. The south-east geopolitical zone is saying the same thing. But what we are telling them is that the marginalisation has been created by them.

“How can you have five states ruled by four political parties? What will be your political bargain?

“We want to start with Anambra. Already, we have Ebonyi and Imo. Now we are encroaching into that zone to ensure that we capture most of the states. And if we get what we want, we capture all the states.”

[TheCable]