Amidst the initial fanfare, good feelings, and high expectations, a new era began on May 29, 2023, as a new president, vice president, and governors took oaths of office. However, as we approach the one-year mark, it’s clear that for many Nigerians, the end of the Buhari era was not the relief they had hoped for. The Buhari administration appeared rudderless and in need of more vigour. This sentiment was echoed in various states, where citizens felt betrayed by the lacklustre performance of their then-outgoing governors. 

This column in a piece written in March 2023, captioned Governors: Right versus Wrong captured  the general feeling about the state governors thus: “it is utterly absurd that instead of elected governors to focus on making their states economically viable and developing their states from down to up, many governors have turned the states into fiefdoms and domains where they rule as absolute dictators controlling not just the resources of the state, but all the state institutions with impunity. We see governors who unashamedly use public funds as their private funds and use it anyhow they want, with little or no accountability whatsoever”.

There were high expectations and a renewed hope that the new administrations in the states would be different this time around and would use the state’s resources to develop the states. They made lots of promises to their people to tackle the myriad problems that have kept their states from developing. Some articulated visions and goals that are noble to the admiration of Nigerians living in these states. In many states, barring a few, these promises made on the inauguration day have become empty promises, the visions are largely blurred, and no overarching goals are pursued, much more being achieved. 

Sadly, many states are heading in the same direction of hopelessness and despair as in past dispensations. Leadership is lacking, and the status quo must be changed if Nigeria is to see meaningful development in the current dispensation. To address this, the governors must reflect on their performance in the last year and implement policies, structures and systems that will help them fulfil their responsibilities to the people.  

The state scorecards for the past year, as evidenced by dire and unpleasant statistics in aspects such as poverty, food insecurity, unemployment and underemployment, environmental degradation, poor business-friendly environment, and poor policy implementation, are, at best, suboptimal and, at worst, grim. Some states cannot demonstrate meaningful achievement in any one area and are not positioned to achieve anything in the future unless something drastic is done to redirect their leadership to the proper development direction. This lacklustre and self-defeating approach to growth and development occurs when the states enjoy unprecedented FAAC allocations and other internally generated revenues.  

Every month, according to the Federation Account Allocation Committee (FAAC), not less than a trillion naira is announced to have been generated and disbursed among the three tiers of government in Nigeria, at least since the removal of fuel subsidy, which has significantly improved the revenues of governments across the country. The statutory federal allocations to the coffers of the state governments alone are expected to increase by 69 per cent, from N3.3 trillion in 2023 to N5.54 trillion in 2024, based on the approved budget and revenue projection. Government fiscal statistics indicate that in the first four months of 2024, states have received approximately N1.548 trillion in disbursement. The internally generated revenue of many states has significantly increased in the past year, adding more funds to the state’s coffers for growth and development. This is besides the 13 per cent derivation revenue (for the benefitting states) and other funds accruing to states from different sources. 

The recent increase in state government revenue has not improved Nigerians’ quality of life. Revenue from FAAC has doubled, but living standards are getting worse. More money for the states has yet to translate to substantial improvements in infrastructure, healthcare services, education, job creation, or even security. 

Much has been written about the national government’s performance in the past year, and the verdict is nothing to cheer about. We frequently overlook that, in a federal system, the ways by which subnational governments create and implement development policies are essential to a functioning country. In Nigeria, many people are disappointed and dissatisfied with how subnational entities are run. This illustrates how deeply disappointed people are with the results of governance over the last 12 months.

Despite modest progress in a few states, there is a systemic breakdown of public healthcare and education facilities at the state level. The public’s confidence in sub-nationals’ capacity to deliver social services and look out for the welfare of the populace has been severely damaged as a result. According to statistics, endemic poverty has spread and is now present in 28 of the 36 states in the country. The World Bank Nigeria Development Update Report states that as of 2023, the poverty percentage had risen from 40% in 2018 to 46% in 2023. It is projected that a combination of subnational ill-managed administration and inflation will have caused the poverty rate to surpass 50% by the end of 2023.

State governments in Nigeria have failed to meet the task of ensuring food security by failing to invest appropriately and implement policies that would encourage agriculture. Several issues are to blame, including inadequate finance, insecurity, bad planning, and unfavourable policies that reduce farmers’ production. Few states have changed and turned farming into a commercial endeavour. A few more are promising.  This is true even though we have more arable land than the Netherlands—which has 29%—but the Netherlands exports ten times as much agricultural goods as Nigeria. Over the past year, there has been little substance but mostly talk about agriculture.

With the significant resources the states have received in the past year, it’s disheartening to see that many states cannot account for how they spent the money. While we acknowledge the impact of rising inflation and a decline in the value of the Naira, it’s inexcusable for states to not demonstrate significant achievements with those funds. This lack of transparency and accountability at the state level is a key factor contributing to the suboptimal performance in many states. It’s crucial for citizens to demand and ensure transparency and accountability in governance to drive meaningful change. 

Insecurity still festers. Almost all elected chief executives promised to prioritise security, but it seems the more they promised, the deeper we go into insecurity. A few states are examples of using local and internal security systems to support external security systems and form a cohesive security system that has reduced insecurity in those states. However, in many states today, insecurity is worse, and there is no hope of effectively tackling it soon. Security, though mainly a function of the federal government, needs sustained and coordinated efforts from the state government to effectively secure the lives and properties of Nigerians living in various states.  

Many state governments need something to show in terms of infrastructural development. The level of infrastructural decay is palpable. Few or no new roads are constructed . State governments have been empowered to regulate the generation, transmission and distribution of electricity yet only few states have taken advantage of this constitutional amendment. The availability of pipe-borne water and other water systems is still a mirage, and medical facilities need to be put in place to cater to the needs of the people. The newly sworn-in governors promised their people these things, but one year later, there is little or no evidence that many are fulfilling them. Most of them will stagger into the second year without a concrete plan. 

At all levels, I hope our political leaders recognise the importance of redeeming democracy’s reputation. The average person is beginning to question the capacity of democracy to deliver dividends that can improve his life. It will take more than impressive rhetoric to convince citizens that our political officeholders are working for our interests. Actions must follow words and beautiful promises. The few states where the governors are doing well shine like illuminators for others to emulate. It is not rocket science to provide quality leadership for the people. The next three years are enough time to correct this harmful and unfruitful leadership anomaly in some states. The people deserve more, and that is what they must get!

Dear Chief Wale Edun, 

About a month before President Bola  Tinubu’s swearing-in on May 29, 2023, as the president of Nigeria, a group of us got together to preview the state and project the future of the country. The group that got together comprised a loose union of public affairs analysts, media leaders, political economists and business leaders.

In that rendezvous, I expressed my reasoned hope around what would happen if the President announced his cabinet within 24 hours of his swearing-in and his nominated ministers went to parliament with portfolios attached to their names; I called such moves very low-hanging fruits that would be the first legacy of the city boy that became president.

My analysis of the path to the presidency led me to make specific predictions. I confidently foresaw Yemi Cardoso as the Central Bank Governor, you (Wale Edun) as the Minister for the Economy, Dele Alake in a high-level role related to communication and strategy, and Nasir El-Rufai in a prominent position in the cabinet.

Now, 13 months later, it is evident to any reader of this missive which of these expectations have been met, which have been disappointed, and which are yet to be realised.

Today’s epistle is directed to you, Chief Wale Edun, because you have ascended to the position of Minister of Finance and the Economy. Your official title is even more significant than I predicted: You are the Minister of Finance and Coordinating Minister of the Economy. It is not said enough, and it is worth clarifying here that your position and title genuinely mean that you are the de facto head of fiscal policies for this administration.

Let us be clear: a cursory look at your academic and professional credentials and your public service profile would convince even the most skeptical and interested observer that you are worthy of being considered capable of filling the role for the job you have been given.

And therein lies the rub, dear Hon. Minister, to whom much is given, much is expected. Regardless of how people voted, many (reasonable and knowledgeable people) expected you to set the world on fire with achievements.

Those who voted for your party hoped for such; those who voted against your party dreaded your imagined performance.

Let us face it, and there is no other way to put it, dear Hon. Minister. So far, it’s not great.

For very understandable but not entirely acceptable reasons (at least not acceptable to me), monetary policies have stolen the show in this administration so far.

It is time to change that. Today, we play the drums for you, dear Hon. Minister, and say, Wale, put on your dancing shoes, come out and dance. The time for action is now; many still believe in your ability to make a difference. Dance for them.

It is easy to understand why the issue of forex can dominate the national discourse; after all, we import more than we produce, and many of those who make big money in Nigeria study, send their children abroad to study and seek medical attention abroad. Too many who can travel have seen and continue to crave to see more cities outside the country than in the country. Even those who try to produce must import many of their equipment and materials. All these put an incredible amount of pressure on the naira, and we have not yet included those in search of stability and would instead save their earned or looted bundle in dollars.

When the problem is forex, the office to deal with it is the central bank, seems to be the prevailing mindset in the country or at least from the look of things.

The pressure on the naira, coupled with the increase in the cost of production and distribution of goods and services, has also contributed negatively to worsening the situation. We now have a general rise in the price of goods and services. The official figures reported for inflation rates in the country are currently between 31 and 33%, but I doubt those figures.

A cursory look will show anyone who cares that we have an increase of close to 60% in the cost of goods and services in the streets and the mainstream market. So far, we seem to think that when the issue is inflation, it is the central bank that has to deal with the problem through monetary policies. I disagree, dear Hon. Minister.

My view is that in both cases of foreign exchange and inflation, fiscal policies can do more to help us than monetary policies.

Let us be clear: I am not saying “only fiscal policies”; I am saying “more of fiscal policies”.

Those who say the naira does need protection against the dollar and other foreign currencies are wrong. The best way to protect the naira, though, is to increase our reserves by increasing the amount of dollars and other foreign currencies we earn. To increase our inflow of dollars, we need to put in place unambiguous, deliberate, and noticeable fiscal policies aimed at attracting foreign direct investments into our system. The emphasis on loans is too much, not that that loan is itself bad; one borrows because one is broke; if used judiciously, I argue loans can be good to build infrastructure that will aid development and create jobs and wealth. Loans are not to be used to fund religious tourism like Hajj today, and who knows what will happen tomorrow? Others might want their own 90 billion Naira, too…

The path to raising needed funds for infrastructure and other government expenditures is to make sure the government prioritises capital expenditure; every kobo spent must be an investment that generates more money than what is spent.

You, dear Hon. Minister, must do your best to ensure that our new funding source is investment dominated in forex, not taxes in naira. My advice is that we go to the equity market for such funding. Let us go to the City of London and Wall Street to place some of our assets and offer a fraction of ownership for investment dominated in forex.

We need policies aimed at attracting investors who invest in dollars and other foreign currencies and who are looking for land, people, projects, and even the sun to build factories, refineries, roads, and hospitals.

Not foreign investors that come with little to look for for funds in Nigeria. There is to be a clear message that says, “Nigeria is open for business”. That is a slogan; actions must, however, match words.

Naturally, we need to start by keeping the investors currently in the country, not losing them.

To be continued…

President Bola Tinubu on Sunday inaugurated the newly reconstructed Apapa-Oworonshoki-Ojota-Oshodi Expressway, a 36.02km expressway connecting Nigeria's premier ports - Apapa and Tin Can Island - to larger parts of Lagos State.

President Tinubu, who performed the symbolic unveiling of the plaque of the concrete-paved road at the Gbagada stretch, also virtually inaugurated the recently rehabilitated Third Mainland Bridge.

Speaking at the inauguration of the projects, executed by the Federal Ministry of Works, the President, represented by Senate President Godswill Akpabio, said the Apapa-Oworonshoki-Ojota Expressway would enhance access to the ports, boost commercial activities, and spur economic development.

Originally constructed between 1975 and 1978, the road had deteriorated significantly over the years, causing severe delays in the evacuation of goods from Apapa Wharf.

The reconstruction of the road was executed in four sections, using Continuously Reinforced Concrete Pavement (CRCP), by Dangote Industries Limited under the tax credit method of infrastructure funding, with Hitech Construction Nigeria Limited as the subcontractor.

The rehabilitated Third Mainland Bridge, the longest of three bridges connecting Lagos Island to the mainland, spans about 11.8km.

It was commissioned by President Shehu Shagari in 1980 and completed by General Ibrahim Babangida in 1990.

The bridge recently underwent significant rehabilitation to improve its structural integrity and extend its lifespan.

''This is a great feat by any standards, and it is all for Nigeria. I congratulate the Ministry of Works and the contractors for the great work.

''It is not only in Lagos that these good things are happening. From the Presidential Villa in Asokoro to the AYA Roundabout in the capital city (Abuja), you will notice a great deal of work and some of these projects will be commissioned this week,'' the Senate President said.

The Minister of Works, Engr. David Umahi explained the reason for the use of concrete technology in constructing the road, noting its durability, as well as the rising cost of bitumen used in making asphalt.

‘‘We want our contractors to migrate to the use of concrete technology for road construction,’’ the Minister said, while describing the inauguration of the road as another plus on the utility of tax credits in the country.

On the Third Mainland Bridge, the Minister explained that the project went beyond mere rehabilitation.

''We had to replace all the expansion joints, and we also noticed that over the years all the maintenance on the bridge was only for the surface and that created a lot of super elevation, pot holes, and increased the dead load on the bridge resulting in increased deflection,'' he said.

In his remarks, the Permanent Secretary, Federal Ministry of Works, Dr. Yakubu Kofarmata announced that President Tinubu had directed the ministry to complete Abuja-Kano Road within one year.

He assured Nigerians that Makurdi-Enugu Expressway was on the verge of completion and that other federal road projects across the country are receiving attention.

According to the Permanent Secretary, the Minister of Works, Engr. Umahi has saved Nigeria a total of N1.19 trillion through renegotiations of some ongoing road project costs across the country.

''What we are witnessing today is Nigeria working under the Renewed Hope Agenda of this administration, and the determination to have a better Nigeria where infrastructural facilities are functioning," the Permanent Secretary said.

The Deputy Governor of Lagos State, Dr. Femi Hamzat expressed gratitude to the President and the Federal Ministry of Works for fixing the roads, thereby reducing travel time from 7 hours to 1 hour and 15 minutes.

''About two years ago, a lot of companies on the Apapa-Oworonshoki-Ojota Road moved from this axis because of the deplorable state of the road.

''We are grateful to Mr. President, the Ministry of Works, Dangote Group and Hitech Construction Limited for the current state of the road and also for the Third Mainland Bridge,'' the Deputy Governor said.

Chief Ajuri Ngelale

Special Adviser to the President

(Media & Publicity)

The presidency has said that President Bola Tinubu is ready to fire underperforming ministers who fail to deliver on their targets.

The President’s Special Adviser on Information and Strategy, Bayo Onanuga, revealed to Sunday PUNCH that the President has yet to decide on the ministers’ performances. 

Nevertheless, he has mandated them to meet the administration’s eight-point agenda, warning that those who fail to meet expectations will be dismissed.

Onanuga also rated the administration’s performance high as it approaches its first year in office, giving it a score of 70 percent.

He pointed out that under President Tinubu’s leadership, Nigeria was initially using 97 per cent of its revenue for debt servicing and borrowing for recurrent costs, such as salaries. 

He emphasized that the administration prevented economic collapse by implementing decisive actions like removing the fuel subsidy and unifying the exchange rate.

President Tinubu, during the inauguration of his 48 ministers, advisers, and other aides, urged them to set aside personal interests and concentrate on the government’s urgent goal of lifting Nigeria out of poverty.

The President gave this advice at the end of a three-day retreat for ministers, permanent secretaries, presidential aides, and other top government officials at the State House in Abuja last year after their appointment.  

Meanwhile, President Bola Tinubu, in commemoration of his first anniversary in office, on Wednesday, directed forty-seven ministers in his cabinet to present their performance reports to Nigerians.

The directives was relayed by the Minister of Information and National Orientation, Mohammed Idris, during a press briefing in Abuja.

[NaijaNews]

There are currently protesters on the streets of Gaya, one of the five emirates affected by the repealed Kano Emirates Council Law.

The New Nigeria Peoples Party (NNPP) controlled House of Assembly had repealed the law which ex-Governor Abdullahi Ganduje used to dethrone Alhaji Muhammadu Sanusi II in 2020.

While assenting to the law on Thursday, Governor Abba Yusuf announced dissolution of the four extra emirates created by Ganduje.

The emirates are Rano, Gaya, Karaye and Bichi.

The governor also directed all the monarchs, including Alhaji Aliyu Ibrahim Abdulkadir, Emir of Gaya, to hand over to Comrade Abdulsalam Gwarzo, Deputy Governor, who oversees the Ministry of Local Government and Chieftaincy Affair.

Residents told Daily Trust that the dethroned Emir vacated the palace at midnight on Thursday.

There was no sign of any form of violence or resistance in the town as there was the presence of armed security personnel.

A resident, Abubakar Shuaibu, had said some people were not happy with the development.

But on Sunday morning, residents trooped to the streets to reject the dissolution of the emirate.

Wielding placards and chanting anti-government songs, the protesters alleged injustice, saying the dissolution of the emirate has political undertone.

Details later…

[DailyTrust]

Manchester United legend, Roy Keane has called on the club to support manager Erik ten Hag after he led the team to victory in the FA Cup final on Saturday amid speculations the Dutchman could be sacked in the coming days.

Ten Hag’s future at Man United is still unclear despite winning the FA Cup after his side’s 2-1 win over Man City in the final at Wembley Stadium.

Speaking to ITV Sport, Keane stated, “We don’t know if a decision has been made, we know the pressure the manager is under and the questions before the game.

“It’s always difficult when you are preparing for a cup final. In football you have to enjoy these moments, the staff, the players, the supporters. And then cross the bridge when it comes to it.

“The manager has done his job today. Beating Man City in an FA Cup final is an extra bonus. Fingers crossed they support the manager.”

Recall that two goals from Alejandro Garnacho and Kobbie Mainoo gave Ten Hag’s side the victory over City as Jeremy Doku’s goal was not enough for the Premier League champion.

[DailyPost]

At the climax of the Nigerian Air Force 60th anniversary, President Bola Tinubu has promised that his administration will procure more state-of-the-art aircrafts and equipments to combat insecurity ravaging the country.

This was even as he pledged his administration’s unwavering commitment to prioritising national security and the welfare of the armed forces.

The president, who was represented by his vice, Kashim Shettima at the Ceremonial Parade to Commemorate the 60th anniversary in Kaduna said, he is standing with the armed forces through challenges, triumphs, and grief, not as repayment but as an assurance of the nation’s unwavering support.

The president while hailing the NAF’s six decades of service, sacrifice, and patriotism said: “I bear with me today the gratitude of a nation that has watched your transformation into a formidable and resilient organisation, vigilant of the dynamics and complexities of security threats within and outside our borders for this long.”

President Tinubu praised the critical role played by the Nigerian Air Force in maintaining regional and sub-regional peace and security, expressing pride in the institution’s formidable and resilient transformation over the years.

The Socio-Economic Rights and Accountability Project has urged President Bola Tinubu to use his first year in office as an avenue to publish his assets declaration form.

SERAP asked the President to “use the anniversary of your first year in office as an opportunity to demonstrate your oft-expressed commitment to democracy, accountability, and openness in government by immediately publishing your asset declaration form,” the organisation said in a statement issued on Sunday by its deputy director, Kolawole Oluwadare.

SERAP urged Tinubu “to encourage your Vice-President Kashim Shettima, ministers, and state governors to also widely publish their asset declaration forms.”

It noted that to “promote public trust and establish a system of transparency, accountability and public participation,” Tinubu should “urgently propose a constitutional amendment to include provisions on the creation of asset declaration database to publish government officials’ asset declaration forms before, during, and after serving in public office.”

SERAP, in its statement, indicated that “openness and transparency in the details of asset declaration forms of high-level public officials would strengthen the country’s democracy and promote accountability at all levels of government.”

The statement partly read, “You promised in your inaugural speech on May 29, 2023, ‘to take proactive steps to discourage corruption’, and to ensure that ‘Nigeria is impartially governed according to the constitution and the rule of law’.

“We urge you to use your first anniversary in office as an important opportunity to underscore and reaffirm your oft-repeated commitment to democratic governance, openness and public accountability by immediately taking concrete steps to implement the proposed recommendations.

“Transparency in the details of asset declaration forms would also enable Nigerians to scrutinise the forms and verify the financial situation of public officials and alert about possible conflicts of interest and corruption.”

SERAP stated that the declaration of assets by public officials is a “matter of public interest and your government ought to provide the leadership,” noting that one of the ways through which “corrupt politicians in the country have perpetuated corrupt practices is through hiding assets.”

“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended]; and Nigeria’s international anticorruption and human rights obligations.

“Information regarding the property and economic interests of public officials ought to be accessible to the public through a website created for this purpose,” SERAP said.

It stated further that “because asset declaration forms are public documents, public officials cannot claim that publishing their assets would violate their privacy rights.

“There is an overriding public interest in the disclosure of information on the assets of public officers who are trustees of Nigeria’s wealth and resources.

“Publishing your asset declaration form and encouraging your Vice-President, ministers and state governors to also widely publish their asset declaration forms would enable Nigerians to scrutinise the assets and worth of public officials before taking office and at the end of their term of office.”

SERAP highlighted sections of the Code of Conduct for Public Officers, contained in Part I of the Fifth Schedule to the 1999 Nigerian Constitution 1999 [as amended], the Tribunal Act, the African Union Convention on Preventing and Combating Corruption and Articles 7(4) and 8(5) of the UN Convention against Corruption, among others, as supportive of assets declaration by public officers.

“We hope that the aspects highlighted will help guide your steps in taking steps to publish your asset declaration form and to encourage others to do so,” the organisation urged.

As part of his resolve to ensure maximum efficiency in his administration, the Special Adviser on Information and Strategy to the President, Bayo Onanuga, told Sunday PUNCH of Tinubu’s readiness to fire underperforming ministers who fail to deliver on targets set for them.

Onanuga also rated the performance of the administration high as it approaches its first year in office, giving it a score of 70 per cent.

[Punch]

The Federal Government has instituted a legal action against the Governors of the 36 States of the Federation at the Supreme Court over alleged misconduct in the administration of Local Government Areas, LGAs.

FG, in the suit marked: SC/CV/343/2024, which was filed by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, is seeking full autonomy for all LGAs in the country as the third tier of government.

It specifically prayed the apex court to issue an order, prohibiting state governors from embarking on unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders.

As well as for an order permitting the funds standing in the credits of local governments to be directly channeled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.

Besides, FG, prayed the Supreme Court for an order, stopping governors from further constituting Caretaker Committees to run the affairs of local governments as against the Constitutionally recognized and guaranteed democratic system.

It equally applied for an order of injunction, restraining the governors, their agents and privies, from receiving, spending or tampering with funds released from the Federation Account for the benefits of local governments when no democratically elected local government system is put in place in the states.

Governors of the 36 States were sued through their respective Attorneys General.

In the 27 grounds it listed in support of the suit, FG, argued that Nigeria, as a  federation, was a creation of the 1999 Constitution, as amended, with the President, as Head of the Federal Executive Arm, swearing on oath to uphold and give effects to provisions of the Constitution.

It told the apex court: “That the governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to at all times, give effect to the Constitution and that the Constitution, being the supreme law, has binding force all over the Federation of Nigeria.

“That the Constitution of Nigeria recognizes federal, states and local governments as three tiers of government and that the three recognized tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.

“That by the provisions of the Constitution, there must be a democratically elected local government system and that the Constitution has not made provisions for any other systems of governance at the local government level other than democratically elected local government system.

“That in the face of the clear provisions of the Constitution, the governors have failed and refused to put in place a democratically elected local government system even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state.

“That the failure of the governors to put democratically elected local government system in place, is a deliberate subversion of the 1999 Constitution which they and the President have sworn to uphold.

“That all efforts to make the governors comply with the dictates of the 1999 Constitution in terms of putting in place, a democratically elected local government system, has not yielded any result and that to continue to disburse funds from the Federation Account to governors for non existing democratically elected local government is to undermine the sanctity of the 1999 Constitution.

“That in the face of the violations of the 1999 Constitution, the federal government is not obligated under section 162 of the Constitution to pay any State, funds standing to the credit of local governments where no democratically elected local government is in place.”

Consequently, FG, prayed the Supreme Court to invoke sections 1, 4, 5, 7 and 14 of the Constitution to declare that the State Governors and State Houses of Assembly are under obligation to ensure a democratic system at the third tier of government in Nigeria and to also invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.

It also prayed for the invocation of sections 1, 4,  5,  7 and 14 of the Constitution to declare that dissolution of democratically elected local government Councils by the Governors or anyone using the state powers derivable from laws enacted by the State Houses of Assembly or any Executive Order, is unlawful, unconstitutional, null and void.

In a 13 paragraghs affidavit that was deposed to by one Kelechi Ohaeri from the Federal Ministry of Justice, the AGF said he filed the suit under the original jurisdiction of the Supreme Court, on behalf of the FG.

The deponent averred that local government system recognized by the Constitution is a democratically elected local government councils, adding that the amount due to local government Councils from the Federation Account is to be paid to local government system recognized by the Constitution.

Mohammed Ladan Tsamiya probably believed he was a commodities trader who happened also to moonlight as a Justice of the Court of Appeal. To him, both vocations seemed to provide mutually reinforcing revenue streams. Sometimes, he transacted business as one while doing the other. In keeping with this tendency, it was an unsuccessful transaction in the sale of beans that brought his vocation as a judge to an untimely end.

The story began with the 2015 elections. In Abia State, south-east Nigeria, the parliamentary elections in 2015 were not without controversy. Nnamdi Iro Oji, a losing candidate in those elections, filed a petition with the National Judicial Council (NJC) in January 2016 levying serious allegations of misconduct against Ladan Tsamiya. What follows is from the 19-page report of the NJC investigation committee into these allegations. Sunday Akintan, a retired Supreme Court Justice, chaired the NJC’s investigation committee into Oji’s complaint. The other members of the committee were Hakila Yalla Hemman, then Chief Judge of Gombe state; and Aloy Nweke Nwankwo, Chief Judge of Ebonyi State.

Oji complained that around October 12, 2015, after the conclusion of first instance proceedings in his case at the Abia State Election Petition Tribunal in Umuahia, the capital of Abia state, he got introduced to someone “who was in the system”, who took him to a house in Sokoto, north-west Nigeria, where they met with Ladan Tsamiya. After condemning the election petition tribunal as having been “influenced”, Ladan Tsamiya advised Oji to write a petition to the President of the Court of Appeal requesting a change in the composition of the Court of Appeal panel in Owerri. His application was granted but he was “shocked when he saw that Hon. Justice Mohammed Ladan Tsamiya was one of those sent to Owerri Judicial Division to handle the appeal.”

Over a sequence of encounters which occurred in Sokoto, Gwarimpa (Abuja), and Owerri in Imo state, according to Oji, Ladan Tsamiya requested him to provide ₦200 million “to enable him to discuss with the three (3) justices who were to handle the appeal to influence the court’s decision in his favour.” When he seemed reluctant, the Justice of Appeal warned Oji that failure to deliver the requisitioned sum or a substantial part thereof “may bring a shocking outcome to the appeal.” Specifically, Ladan Tsamiya advised Oji that “the funds which should be in foreign currency should be brought to him in his private residence in Owerri, Imo State, which was where they met.” Despite having a strong case on the facts, the decision in Oji’s appeal went the way that Ladan Tsamiya had predicted after he failed to deliver the funds demanded.

These allegations may have been staggering in their substance, but Ladan Tsamiya’s response was not lacking in invention or audacity. According to him, this was a tale of a sale of beans gone awry. Sometime in November 2015, he said, three persons “one Hausa and his two Igbo friends met him in Sokoto and the Hausa man introduced himself as a buyer of beans and ginger which His Lordship said he had in commercial quantities.” He reportedly “assumed that the two Igbos were also interested in buying the commodities.” It was in the course of these conversations, according to Ladan Tsamiya, that “one of them” reportedly asked for his assistance in connection with a pending case at the Court of Appeal. He claimed he declined, telling them that he could not help because he was not their lawyer. The discussions over the sale of beans – according to Ladan Tsamiya – subsequently broke down and could not be consummated.

Unsurprisingly, Ladan Tsamiya’s story of mixing commodity trading with judging proved to be unconvincing. In their report delivered on September 22, 2016, the committee of investigation found the case against Ladan Tsamiya to be “credible” and recommended sanctions against him. Eight days later, on September 30, 2016, the NJC announced its decision to compulsorily retire him from judicial service.

12 years earlier, it was arguably their inclination to do what Nigerians call “chopping alone” that ultimately ended the careers of two other senior Justices of Appeal, Okwuchukwu Opene and David Adeniji. In 2004, the NJC recommended the dismissal of both Justices of Appeal after they collected sundry items of bribery, including ₦15 million and ₦12 million respectively to award the contest for the Anambra South senatorial constituency in the 2003 general election to Ugochukwu Uba, who was not a candidate in the contest. James Ogebe, the senior Justice of Appeal then who headed the Court of Appeal panel drafted to Enugu to replace them after the scandal broke recalls in his memoirs that “there was clear evidence of bribery…. They brought a bag containing the money that was not properly closed. A cook who was cooking for them inside the official house even saw it. He was the one who carried the bag inside. They just gave him ₦10,000 from it.”

Eight years after the end of Ladan Tsamiya’s experiment in occupational cross-dressing ended his career, in May 2024, the NJC announced that they “cautioned” Amina Shehu, a judge of the High Court of Yobe State “for issuing Writ of Possession Conferring Title on the Defendant in Suit No YBS/HC/NNR/1cv/2020 when there was no subsisting judgement (sic) of any Court to enable His Lordship issue the Writ.” In ordinary parlance, the issuing of a writ of possession in the absence of an underlying judgment would be a felony crime of burglary, theft, conversion, or stealing. If committed by an ordinary citizen, such a crime would almost certainly have an additional element of fraud. Any person who can commit such an act surely should have no place in any judicial service worth its name. By concluding that the appropriate sanction in such a case is a mere “caution”, the NJC makes it difficult to distinguish a judge from the criminals whom they are supposed to hold to account.

These three cases discussed here hardly differed in terms of gravity. Instead of accountability, the judiciary especially under the outgoing Chief Justice, Olukayode Ariwoola, has converted the myth of judicial independence into a charter for judicial impunity. In the case of Ladan Tsamiya, the Independent Corrupt Practices Commission (ICPC) launched an investigation after the conclusion of the disciplinary process by the NJC, leading to his arrest. He was later arraigned for trial before the High Court of Imo State in Owerri in July 2019. Five months before the trial, however, in February 2019, the National Industrial Court of Nigeria (NICN) in Abuja presided over by the recently deceased Noelita Agbakoba as judge, set aside the decision of the NJC for having been reached in violation of relevant provisions of the Judicial Discipline Regulations. Under Olukayode Ariwoola – as a discerning tweep has pointed out – “Someone who sprayed Naira got 6 months. Someone who issued a warrant of possession without a preceding judgement got a warning.”

Over the 20-year period that separates the disciplinary cases concerning Okwuchukwu Opene and David Adeniji in 2004; Ladan Tsamiya in 2016; and Amina Shehu in 2024, the sanction issued by the NJC for judicial misconduct of a criminal nature became attenuated from dismissal through compulsory retirement to a mere love letter, signalling the collapse of judicial discipline and accountability in the country under Olukayode Ariwoola as Chief Justice of Nigeria.

Over that time horizon, the judicial process in the public perception became somewhat tarnished to a mere transaction in which outcomes are more likely than not to be determined by a quid pro quo between litigants and the presiding officers, and not by the strength of the evidence or a fair and dispassionate application of the norms. At the special session of the Supreme Court to usher in the new legal year organized on November 27, 2023, Ebun Sofunde, SAN, who addressed the court on behalf of the Body of Senior Advocates of Nigeria (BOSAN), captured this well when he warned that judicial reputation “is at an all-time low… to a point where it may no longer be redeemable.” This sums up the state of Nigeria’s judiciary 25 years into elective government.