One of the very easy tactics that a government adopts when it sees that it is unpopular with the publics that it governs is to create a diversion, fly a kite or invent a subject of controversy to keep the people busy and draw them away from what exactly they should be talking about. The media gets easily sucked into the sensational subject because that sells the news, and in the midst of the frenzy that follows, with the commentariat and civil society beating their chests and staging a drama of their own, and government fuelling the narrative, the big issues of the day are glossed over and government heaves a sigh of relief. This is precisely the diversionary tactic that has been adopted by the Tinubu administration by making the reversion to Nigeria’s old National Anthem the big issue of the day as the administration marked its one year in office. 

One week to May 29, the government sent an Executive Bill to the National Assembly which worked expeditiously on the Bill, taking it through the necessary readings and passing it promptly. On May 29, Nigerians were further confused as to whether the President would address the National Assembly or not, with two spokespersons working for the same President on the same subject of public communication working at cross-purposes, contradicting each other, on a matter that should have generated no controversy whatsoever. As it turned out, the President finally showed up at the National Assembly on May 29, in what the Senate President, Godswill Akpabio, described as a Nollywood “waka pass” appearance. But it just wasn’t a “waka pass” simply because the President had no written script – he spoke extempore. The visit acquired a major significance when it was disclosed that President Bola Tinubu had that same morning signed a bill amending the National Anthem Act into law, and that a new National Anthem Act, 2024 had come into effect, cancelling the 1978 National Anthem: “Arise o Compatriots” and compelling Nigerians to return to the old National Anthem: “Nigeria We hail Thee”. 

Many Nigerians were shocked and outraged.  At the National Assembly, the lawmakers recited the old National Anthem. The scandal of it was that many of them did not even know the lyrics of the same Anthem that they were supposed to be singing. The government’s move, its Nollywood theatrics, wittingly or unwittingly, had the prompt effect of generating a controversy, a furore. A few days earlier, we had been told that the Presidency was conducting a Ministerial Record Card session where Ministers were required to give accounts of their stewardship. Most of the Ministers had spent about eight or nine months in office and before May 29, at least eight Ministers made presentations. With the National Anthem thrown into the mix, nobody talked again about the Minister’s score card. Indeed, till this moment, there has been very little discussion of the Tinubu administration’s score card in one year. That subject has been pushed off the front pages by the controversy over the National Anthem. Even the wise men who had advised that Tinubu should be allowed to spend one year in office before any assessment is done, have been studiously quiet. They have refused to respect their own deadline. And so, Tinubu and his team, in their classical “teamship” fashion have as they say, played a smart one on Nigerians. And we the people got fooled. Cluelessness has no better definition. Of all the things that assail Nigerians: high cost of living, crude oil theft, food inflation, insecurity, corruption, divestments by multinational oil corporations, the flight of capital to other countries, the unabating spread of a culture of hate in the country, poor governance, bad politics, many Nigerians are left wondering why a national Anthem should be a subject of urgent national importance. 

Some of the immediate responses are noteworthy. Oby Ezekwesili, former Minister of the Federal Republic (Solid Minerals, Education), was quick to create a hashtag #NotmyNationalAnthem to express her objection to the reversion to the colonial National Anthem. She made it clear that she would always sing the 1978 National Anthem “Arise O Compatriots”, and not “Nigeria We Hail Thee”.  She was of the view that this was “an egregious case of Majoring in the Minor…repugnant to good conscience.”  She was soon joined by Senator Shehu Sani who wondered aloud about the Tinubu administration’s misplacement of priorities. When the matter was debated on the floor of the Senate, Senator Adams Oshiomhole (Edo North) had objected to the use of the words; “native and tribe” in the old National Anthem. Many Nigerians agreed with him. “Native and tribe” are pejorative words with which the colonialists who gave Nigeria a National Anthem at independence in 1960 identified us.  Oshiomhole was hushed up. The majority had their way. Within days, school pupils were already being taken through the ordeal of learning the old anthem. A video soon went viral of the dance-and-song-loving Governor of Osun State, Senator Ademola Jackson Adeleke trying to re-learn the National Anthem. But it was only a matter of time before the conscientious objectors took centre-stage. Aisha Yesufu, the activist was at an event where the old, now new National Anthem was played and she refused to stand up. Everyone glared at her. She neither budged nor flinched. She has since defended her choice by dismissing the National Anthem as an “obnoxious law”. She added: “We are citizens, not slaves.” She went a step further to claim that “Tinubu was not voted for. He rigged his way to office. How dare he?” Mrs Yesufu has since been supported by Mrs Oby Ezekwesili who returned to the subject, stating that the National Assembly engaged in “a Kangaroo Act of violating the Constitution”. 

The legal line highlighted by Ezekwesili has also been taken up a civil society group: the Association of Legislative Drafting and Advocacy Practitioners which has now gone to court to argue that the court should declare the new National anthem illegal and unconstitutional on the grounds that (a) the National Assembly did not conduct a public hearing as required under Section 60 of the 1999 Constitution. However, the National Assembly insists that there was a public hearing. The protesters insist that nobody was aware of any public hearing: when, where, and how was it held? (b) no letter of transmission of the said Bill was sent to the President as required by law. Nigeria is a funny country. The said letter can be manufactured and backdated. It would be a bigger scandal for the President of Nigeria to announce a law to which he did not append his signature. (c) The Association of Legislative Drafters also argues that the expenditures associated with the National Anthem Act 2024 are not captured in the 2024 Budget; (d) that the new Anthem would impose financial burden on Nigerians including costs such as man-hours that would be spent updating official documents.  They forgot to add that learning a new Anthem is in itself an unnecessary burden but they were quite right to say that any law that does not follow due constitutional process cannot stand as held in AG of Bendel State vs. AG of the Federation & 22 Ors. (1981).

The foregoing objections notwithstanding, there have also been persons who have supported the reversion to the old National Anthem. Senator Godswill Akpabio, Chairman of the National Assembly, was quoted as saying that “the most profound act of Tinubu is taking Nigeria back to the old National Anthem”. Please, what is profound about a thoughtless, impulsive legislative and executive act that required no serious reflection and has no bearing whatsoever on good governance? My friend and colleague, Professor Anthony Kila has dismissed Akpabio’s statement as sycophancy writ large. But what can we also make of the statement attributed to Hon. Philip Agbese, Member of the House of Representatives (Ado/Okpokwu/Ogbadibo Federal Constituencies) who reportedly said “the old National Anthem is a major step towards the country’s return to glory days”. Haba! How? The more intelligent defence of the reversion to the old and new National Anthem came from Professor Mike Ozekhome, the legal luminary who has argued repeatedly that he, indeed, canvassed for a return to the old National Anthem at the 2014 National Conference, a motion that was unanimously carried at plenary and which formed one of the major recommendations of the Conference. Ozekhome, who studied English, before he studied Law and rose to the very top in that chosen vocation rests his argument on what he considers the linguistic profundity of the old National Anthem.  He thinks that the phrasing of the old National Anthem evokes emotions that align more with the Nigerian situation. He has also been identified as one Nigerian who attended the public hearing that the Association of Legislative Drafting and Advocacy Practitioners insists never took place. Who else attended that public hearing? 

Besides, Ozekhome has been reminded that the 2014 National Conference that he quotes triumphantly as “the man who saw tomorrow” had far more fundamental resolutions that have been ignored most conveniently by the Tinubu administration viz: review of fiscal revenue sharing formula,  creation of new states,  qualification to become President - that is anybody aspiring to be President of Nigeria must have at least a university degree; rotation of Presidency; decamping – any elected official who cross-carpets must automatically forefeet his seat;  acting Presidency – when a President dies in office, the Vice President can only act for 90 days during which an election to the same office shall be conducted; open grazing -  cattle routes and grazing reserves should be phased out to encourage ranching; a new state for the South East for purposes of equity and balance; review of the form of government; local government autonomy, removal of the immunity clause, state police, abolition of sponsorship of religious pilgrimages. Out of all these weightier issues, it is curious that the one that catches President Tinubu’s fancy is the recommendation about the National Anthem! And the law was passed within a week – quite a record in legislative efficiency that deserves deeper probe.

The whole saga got really messy when it became apparent, and the social media amplified this that indeed in 2022, ahead of the 2023 general election, President Tinubu, then a candidate and aspirant had granted an interview where he expressed preference for the old National Anthem and vowed in these words: “the old anthem is about service, diversity and commitment. I don’t know why we changed it.  If I had my way, I will bring it back.” Tinubu won the 2023 Presidential election and now he is having his way and he has changed Nigeria’s National Anthem to satisfy his own wish. Laws are to be made for the common good, not for persons and their whims. One of my favourite passages in Lee Kuan Yew’s book, “From Third World to First” is where he writes about African leaders and lawmaking, and how African leaders create laws to serve personal interests rather than the interest of the people. In his view, this hinders development and perpetuates poverty. In that book, Lee Kuan Yew wrote specifically about his visit to Nigeria for a Commonwealth meeting hosted by Prime Minister Sir Tafawa Balewa. There was a banquet at the Federal Palace Hotel, Victoria Island, where Minister Yew sat opposite Nigeria’s Minister of Finance, Chief Festus Okotie-Eboh. Of the Chief, Yew reports in his book that: “He was going to retire soon. He had done enough for his country and now had to look after his business, a shoe factory. As Finance Minister, he had imposed a tax on imported shoes so that Nigeria could make shoes. Singapore Foreign Minister Sinnathamby Rajaratnam and I were incredulous. Chief Festus had a good appetite that showed in his rotund figure, elegantly camouflaged in colourful Nigerian robes with gold ornamentation and a splendid cap.  I went to bed that night convinced that they were a different people playing to a different set of rules.” 

Minister Yew is certainly right. Nigerians are a different people playing to a different set of rules. As it was in the 60s, so it is now in 2024. The world is talking about the future of things driven by Generative AI, we are here in 2024 talking about National Anthem, we are busy going back to the past, not knowing what to do with the present or the future. To worsen matters, President Tinubu also wears a splendid cap! And he has made a law, with the support of the National Assembly to please himself. It must be noted that even the Attorney General of the Federation and Minister of Justice had to intervene to say that the National Anthem Act should have been subjected to wider consultation. Thus, the country’s chief law officer tactically disowned the new National Anthem. Law is made for the people, not the other way round, and the true test of any law lies in its acceptance by the people. Dr. Kayode Ajulo, SAN, OON and AG of Ondo State has put in an opinion that “the Nigerian National Anthem Act stipulates that failure to stand during the rendition of the anthem is an offense punishable by imprisonment, fine and or both fine and imprisonment.” In other words, if more Nigerians follow the Mrs. Yesufu and Mrs. Ezekwesili line of protest, Tinubu would have more than enough people to arrest. Alternatively, he may face a situation where most Nigerians regard the return to the old anthem as a joke. Already, Nigerians ever so ready to create a social media skit out of everything have invented many versions of the National Anthem; fuji, hip hop, juju and reggae versions! So, how many people will Tinubu arrest? 

Section 24 (a) of the 1999 Constitution on essential duties of citizens says that citizens are required to “abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, the National Pledge and legitimate authorities.” This is in Chapter Two, the justiciability of which remains a subject of debate.  I have not seen a copy of the National Anthem Act of 2024 - if at all it exists, it is yet to be published, but it would be most strange indeed to send anybody to prison or asked to pay a fine for refusing to sing the National Anthem. Mrs Aisha Yesifu may well be right when she proclaimed that “we are citizens, not slaves.” All things considered, the re-introduction of “Nigeria We Hail Thee” is a gamble. Nigerians who argue that it is wrong to return to an anthem written by Lillian Jean Williams and set to musical score by Frances Berda are beginning to ask why the Tinubu government has a colonial mentality. In 1978, the then Nigerian military government, opted for a new National Anthem: “Arise O Compatriots,” which was selected from the lyrics of five winning entries, fused into one. The entries were submitted by P. O. Aderogba, Babatunde Ogunnaike, John Ikechukwu, Eme Etim Akpan and Sotu Omoigui. The Director of Music, Nigeria Police Band, Benedict Odiase selected the lyrics, fused them and composed the music.

It is most unfortunate that we are busy discussing National Anthem rather than more important issues. This is the very height of cluelessness. We may soon end up as. a nation with two National Anthems. Those who claim that Tinubu’s National Anthem is a profound act, and an achievement of great national importance should cease and desist forthwith from sounding so ridiculous. 

Yesterday, May 27, one of Nigeria’s iconic figures in the entertainment sector turned 80: Ken Calebs Olumese, an Esan man from the university town of Ekpoma as he likes to describe his home town of which he is proud, as if every other town these days does not have a university but in those days when a university was established in Ekpoma (1981), it was such a thing of pride and achievement that Olumese took upon himself as a personal badge. But the real story about him and his life is his immense contributions to the cultural space in Nigeria, the impact that he has made in turning music, art, song, food, drinks, space and dance into entrepreneurial tools for the promotion of social cohesion, inclusion, solidarity, creativity and pure fun. He was the Don Cornelius, without the controversy, of the night club scene and entertainment arena in Lagos in the 80s and 90s.  He was colourful, charismatic, decent, debonair, affable, and quite astute in making friends, and building bridges and relationships. In the Opebi, Ikeja area where he ran a nightclub that was famously known as Niteshift Coliseum, he was a lord of the territory, father of the kids on the streets and friend of the gentrified class with an understanding of the register of social and communal survival beyond the pale of regular entrepreneurship. He moved with a swag. He strutted with poise.  He was the Guv’nor: who never went on transfer, or had to seek seasonal elections, or go on break, he was his own constituted authority running an entertainment empire. The phrase Guv’nor was first used in the 1840s, a variant of the more popular noun - Governor, but over time, it would gain resonance as the title of a film in 1935, and as the nickname of a number of sports figures – Diego Costa, Bobby Abel, Paul Ince, Lenny McLean. When Ken Calebs Olumese established the Niteshift club in Opebi, Lagos in 1988, he took the title as label, brand and cognomen, and thus began a fresh chapter in the entertainment story of the city of Lagos.  

Ken Calebs Olumese did not invent nightlife in Lagos, but he helped for about two decades to shape and enrich it. The people of Lagos, being Yorubas are naturally fun-loving, and having fun at night time has been part of their culture even before the Victorian times in the 19^th century, aspects of which have been examined at great length by Professor Michael J.C. Echeruo in a book titled “Victorian Lagos.” The city that became known as “The Liverpool of West Africa” in the 19^th Century, an emerging commercial, port city was also a community of persons and cultural developments, including the media, culture and nationalism. Lagosians love the good life. They enjoy the thrill of evening fun be it at the beach, or at the clubs, or on the streets of Ebute Metta where there used to be a party every evening, or anywhere else where the people could dance to highlife. By his own account, Ken Calebs Olumese arrived in Lagos in the late 60s or early 70s just like many of these persons from the hinterland who continue to troop into Lagos on a daily basis. Thousands arrive daily from all parts of Nigeria, very few go back to where they came from, indeed over time, they become part of the Lagos ecosystem, get lucky and excel. In Olumese’s case, when he left Ekpoma, he lived in Benin. He got involved in the Socialist Movement, which was quite a rave in Nigeria’s 70s, the season of the cold war. He would eventually gain a scholarship to study Medicine in the Soviet Union. Many young Nigerians went to the Soviet Union at the time. The then young Ken Calebs Olumese returned with a degree in Microbiology. By 1977, he, with the help of his kinsman, Chief Anthony Enahoro, played some role in the arrangements for FESTAC 77, his first major direct involvement in cultural diplomacy. He was also closely associated with the likes of Dr Tunji Otegbeye, trade unionist, medical doctor and leader of the Socialist Workers and Farmers Party of Nigeria (SWAFP). The most notable part of that phase of his return is not necessarily FESTAC 77, however but the fact that he eventually ended up as a Sales Representative with the French Pharmaceutical Company, Roussel, where he rose through the ranks to become the Director of Administration and Finance. Olumese was like the rest of us: waking up in the morning, pursuing the nine to five hustle, struggling like everyone else to raise a family. He had a good career. 

It is one of those ironies of life that he would eventually become famous through his hobby, rather than his vocation. In 1988, he decided to set up a Night Club at 21 Opebi Street with a corporate office was at 5, Ogundana Street, off Opebi Road, marking Olumese’s transition into the arena of entrepreneurship, from selling pharmaceutical products, to the retail of songs, food, drinks, and whatever brings joy. He had been a prolific nightlife denizen himself. He turned his interest into a passion and his passion into business. When Olumese arrived on the nightclub scene in Ikeja and Lagos in the 80s, there was already a thriving, habitual ecosystem in place. From Idi-oro in Mushin, to Jibowu, Ayilara and Ojuelegba,, there was a buzzing axis of nightlife entertainment. In Ikeja, Ipodo, Awolowo Road, Allen and Opebi streets came alive similarly at sun down. There was a gentleman called Omieba Dan Princewill, he ran two clubs – City Tavern and Daniel’s. There was the colourful, stand-up comedian, John Chukwu who owned a club called Klass, with Eddie Jay Omodiagbe as Dee Jay. There was Ozone owned by Jibola Shitta-Bey on Allen Avenue. There was also at some point, De Roof, Singer’s Cruise, Bread and Butter and another club called Princes. On Allen Avenue, Jerry Jones Anazia ran a night club called Ace. On Toyin Street, there was Climax, with a DJ called Stagger Lee. In those days of course, there was Shrine, the main watering hole for night crawlers, and beyond Ikeja, all the way towards Ojuelegba, there was a long list of fun spots including pepper soup joints such as Igbinedion, or Fafolu: point and kill joint, No. 67 Bode Thomas in Surulere, Empire Hotel, Tarmac. Many would also remember Kakadu Nite Club in Alagomeji, Yaba, where Fela used to perform in the 60s, and Bobby Benson’s Caban Bamboo, which in many ways was the old version of what the Niteshift Coliseum later became. There was at some point Paradiso in Yaba, Faze 2, Lord’s Club around Maryland, and Hotspot Club at Abibu Oki, off Broad Street. Basically, for a while, the Lagos social scene was a mix of band life, joints and discotheques. The latter would later prevail.  

Ken Calebs Olumese changed the face of night life in Lagos, particularly with the rise of the discotheque, which he capitalized upon turning Niteshift Coliseum into a space where the hottest and latest music could be heard. He invested heavily in music and equipment.  He raised the bar to such a level that others began to learn from him, and even copy him. He changed the game. Even when there was a seeming rivalry between Lagos Island and the Mainland, the arrival of Niteshift Coliseum gave nightlife on the Mainland, an edge. What Olumese did was simply to be different. He carved a niche and constantly reinvented it. Whereas you could go to Ozone, DeRoof, Klass and Climax and run into celebrities and prominent persons, mingling with others, dressed in both formal and bohemian attires, Olumese made it clear from the very beginning that his club was meant for the middle class and the upper middle-class members of society. It was an exclusive club and there were rules. There was a man at the door, “The First Man” who would not even allow you to buy a ticket if you looked out of place. Jeans, slippers, any form of scruffy dressing were not allowed. You didn’t have to wear a tie, but you were required to appear decent. 

The club also had different segments. There was an exclusive section reserved for Senior Fellows of the Gold Card Sector.This was a section reserved for prominent persons, diplomats, captains of industry on a discreet night out. The lighting for that section was also deliberately dim. And there was the Section for the Glamour Boys (later and Girls) of Nigeria: the reserved section for the upwardly mobile in society, but even then you had to be admitted as a member to sit there. In the general hall was the popular section. The status of a guest or member was indicated in the colour of the glass with which you were served. The staff were trained to know the differences. Everyone wanted to be part of the Niteshift crowd. Usually, when people left other clubs, they ended up at the Coliseum. The food was good. The air-conditioning was the coldest in the business. To add to the snobbery, Niteshift did not use the same terms as other clubs. Its bathrooms were called “The Vanity” for example.   The hostesses wore something called “Oriental Ornamental.” The Dee Jay was “The Flight Captain” sitting in “The Cockpit.”  And the entire night was a cruise. Olumese was the master of razzmatazz. 

He had a personal touch that could not be found among other club owners. He knew most of the regular clientele personally, and took an interest in their personal lives. He served drinks, and could be found correcting any error by any of his staff.  His dressing was impeccable. From his hair cut to his shoes, he paid attention to every detail. He drank Remy Martin, and he could hold his drink. He was very generous to his guests. For young persons and others close to him, the first drink was always on the house, and in the morning, the club served tea or coffee on the house depending on individual choices. There were days patrons stayed in the club till 7 am, not knowing it was daybreak. The Guv’nor of Niteshift Coliseum actively cultivated the friendship of the media. He knew every entertainment, arts and culture reporter and editor on the beat. He was similarly friendly with publishers and editors. He had one or two friends in every newsroom. Journalists were understandably some of the more prominent members of the club, and through this connection Niteshift became a place of choice for many media events. There were times however when he had issues with journalists. He protected the privacy of celebrities who came to the club jealously and he would not hesitate to quarrel with any journalist who published gossip about any of his patrons. He used to quip that the club does not ask for marriage certificates. It is place of fun, not a church. Funny enough, Olumese is the son of an Anglican priest. 

Niteshift was not just about disco. The Guv’nor was constantly re-inventing the concept. There was in due course a full Niteshift band, which mixed the idea of disco with live performance. There was also the Niteshift Musical Talent Show, on the platform of which the club provided space for the flowering of many talents including Felix and Moses, Tuface, Tony Tetuila, Tony Montana, Eedris Abdulkareem, Platanshun Boys, Sunny Neji, Daddy Showkey, Nel Oliver. There was also Miss Niteshift beauty pageant. Niteshift was also the watering hole for many Nollywood artists – actors, actresses and producers. But the high point arrived in the early 90s when the club was moved from 21 Opebi Street to a bigger, more permanent space, the purpose-built Coliseum at 21 Salvation Road, off Opebi.  At this new location, the club had more space, more meeting rooms, a bigger dance floor, more of everything: an impressive edifice that was a testament to the success of the club, and the dogged vision of the founder. There was even a place called The Dacha: a block of 12 rooms reserved exclusively for the use of members. The major highlight at the Coliseum was the increased focus on a special programme which Olumese had introduced at the 21 Opebi address - the Grand House Reception (GHR). This further differentiated the Niteshift Coliseum from its peers. The GHR was an evening of interaction with major public figures. It was a huge hit which attracted exactly the clientele that the Guv’nor wanted. Some of the prominent persons who featured on the platform included, to cite just a few: Chief Emeka Odumegwu Ojukwu, Alhaji Balarabe Musa, Fela Anikulapo Kuti, Beko Ransome-Kuti, Alhaji Tafa Balogun, Mallam Nasir el-Rufai, Governor Gbenga Daniel, Governor Segun Osoba, Governor Orji Kalu, Chief Lucky Igbinedion, Asiwaju Bola Ahmed Tinubu… H. E. Flt Lt. Jerry Rawlings, Alhaji Atiku Abubakar… and others.  

Ken Olumese kept raising the bar, and he was good at research, and monitoring the competition. I was one of the Glamour Boys of the Club, having joined that section sometime around 1989. I would later end up as one of the club’s major resource persons. I can conveniently report that I was actively involved. On many occasions we visited other clubs, before the start of business at the Coliseum. There were occasions when the Guv’nor would arrange for us to go on a West Africa tour. We were in Ghana again and again to attend different night clubs and observe their operations. We used to travel on Wednesday and return on Monday. Niteshift Coliseum would also eventually introduce a Wednesday programme, a Ladies night, free entry for ladies and other programmes to boost the clientele. 

In 2011, I left for Abuja on national assignment. By the time I returned in 2015, circumstances had changed on the Lagos night scene. The pulse had shifted from the Mainland to the Island, with new clubs patronized by the nouveaux riche and the Gen Z springing up on the other side of the city. Ken Calebs Olumese was also advancing in age. He has since retired and rented out the premises of the Niteshift Coliseum to another entertainment group called Floating World.  Indeed, we live in a world that floats. But the Niteshift dream would be remembered for its impact and longevity. Many ventures of its type have short mortality rates, but Ken Calebs Olumese kept it going for more than two decades, even after the club was razed down in a mysterious midnight fire on December 18, 2003. It was a brilliant run, still and long is the echo of the Niteshift Bugaloo, the opening sequence of the club at 12 midnight, taken from the song by the Commodores of the same title: Nightshift. Happy Birthday, Guv’nor.  Lord Have Mercy!   

Media Vita In Morte Sumus (In the midst of life we are in death.) This is a Gregorian chant that I often recall whenever there is an accident, a sudden, shocking abbreviation of life in the midst of hope and promise, a most tragic reminder of man’s mortality. Life as either a chemical or biological process must come to an end when it will, but it is the time and manner of it that leaves the lasting imprint on our memory. The tragic death of the President of Iran, Ebrahim Raisi (63), his foreign Minister, Hossein Amirabdollahian (60) and seven others in a helicopter crash on Sunday evokes these thoughts afresh, as well as frightening memories. 

Nigeria was thrown into shock in February this year when the tragic news was reported that Herbert Wigwe, Group Managing Director and CEO of Access Holdings had died in a helicopter crash in the United States along with his wife, Chizoba, his 29-year-old son, Chizzy and his lawyer, Mr. Abimbola Ogunbanjo on their way to the Super Bowl in Las Vegas. The quartet had a great future ahead of them. Wigwe had just completed a university, the Wigwe University in his home town of Isiokpo, Rivers State, through which he planned to raise educational standards and provide opportunities and quality. He and Ogunbanjo were full of life. The death of three members of a family in one tragic accident was beyond comprehension. Nigerians and the international community mourned. The week before his death, I had received a phone call from Herbert, sharing his views about a subject we had discussed on The Morning Show. He was a kind, affable gentleman, completely without airs. I know many people in high places who are just full of hydrogen, with blown up ego. Not Wigwe. 

“Reuben, I am travelling, but when I get back next Wednesday, I will call you”, he had said.  He did not return. I was at a wedding party when news of the accident broke. It sounded like a fairy-tale but soon it was confirmed. Jesus! I was supposed to leave the wedding party and rush to a birthday party. I could not bring myself to go to that other party. I checked my phone. The call from Wigwe was still on my call log. How can somebody that spoke with me just a few days ago, die like that?”, I asked. There was an outpouring of tributes from every segment of society that he was involved with proving the maxim, that a man’s worth is not determined by the length of his life, but the impact that he makes. As Abraham Lincoln put it: “In the end, it’s not the years in your life that count. It’s the life in your years.” Thucydides says: “What you leave behind is not what is engraved in stone monuments but what is woven into the lives of others”. 

Herbert Wigwe’s life was short, but his impact was profound. As was the case also with Kobe Bryant, American professional basketball player, five-time NBA Champion, two times NBA Finals Most Valuable Player and NBA Most Valuable Player (2008), one of the most outstanding men on America’s basketball court. He died in a helicopter crash on January 26, 2020, along with nine others, including his 13-year-old daughter, Gianna. They were going for a basketball game in Thousand Oaks, California. 

And now again, in the past few days, there has been yet another case of a helicopter crash involving prominent persons in Iran: the President, the Foreign Minister and seven others.  They were returning from a diplomatic mission to Azerbaijan, namely, the inauguration of a dam at the Eastern border which was attended by President Ilham Aliyev of Azerbaijan. It took a search and rescue party led by the Iranian Red Crescent Society, scouting around for 15 hours, before it was confirmed yesterday morning that the wreckage of the helicopter had been found, and there were no signs of life. President Ebrahim Raisi was a prominent political and religious figure in Iranian politics. He and the late Foreign Minister were aligned with the conservative and hardline factions in Iranian politics. Raisi had served as a prosecutor in his early years, and as a member of a panel of judges, the so-called Assembly of Experts which sanctioned the execution of political prisoners. He later became Attorney General of the Republic. He ran for the Presidency in 2017, but lost to the more moderate Hassan Rouhani. He would be lucky in 2021 when he won, and became President in what was a controversial election with low voter turn-out. It was believed that his emergence as President was carefully managed by his mentor, the man who has the final say in all matters in Iran, the Supreme Leader, Ayatollah Ali Khameini.  He was looking forward to running for a second term in office in 2025. And now he is dead.  As is the case with the death of all prominent public figures, there has been a surfeit of tributes from the Middle East, the EU, India, Russia, China, Hamas, Hezbollah, Malaysia, Pakistan, France, Turkey and the UN. Syria and Lebanon have announced three days of mourning. 

He has been described as a martyr who died while serving the nation by the Iranian state media. In the face of the testy relationship between Iran and the US and its allies, Raisi was a fierce nationalist, rabidly anti-Israel and anti-America. In the on-going conflict between Israel and Hamas, his sympathies were with the latter. Whatever praises may have been heaped on him in Iran and the Islamic world, Raisi championed a policy of oppression. It was under his watch in 2022, for example, that a 22-year-old woman, Mahsa Amini was detained, and allegedly killed in detention for wearing a loose headscarf. In the course of the mass protests that followed, more than 500 people were killed, over 22, 000 others were detained. He is praised however for the diplomatic truce that was reached with Saudi Arabia last year. 

In all the three cases of deaths resulting from helicopter crashes cited above: one common thread is that every accident occurred as a result of the malfunctioning of the helicopter and weather issues as well.  In the Wigwe case, the reports cited poor weather, rain and showers in the area of the crash, on the edge of the Mojave Desert Preserve. When Kobe Bryant died in a helicopter accident at Calabasas, investigators also cited poor visibility and low cloud ceiling in addition to pilot error. Preliminary investigations into the crash in Iran have indicated challenging weather conditions and technical fault. In a political twist to the Iran incident, former Iranian Foreign Minister Mohammad Javad Zarif blames US sanctions for the crash.  The truth is that Iranian aircraft cannot be serviced with spare parts, due to sanctions, and hence, the fleet belong to the pre-1979 Revolution era, old and deteriorating. The helicopter that crashed did not even have a functional signal system. Besides, the Bell 212 that crashed is US-made. 

 In all three, the aircraft crash landed and burst into fire. But the thing about death, is that even “in the midst of death, there is life, and that should shock us” – a reversal of the original saying by James Koester. My simple interpretation of that is that even when loved ones die, despite the pain and the anguish, life moves on nonetheless. Human beings have leant the art of clinging to life. The finality is individual, personal. The community grieves and returns to the art of living. Herbert Wigwe died on Friday, February 9, 2024. By Monday, February 12, the Board of Access Holdings Plc had announced Ms. Bolaji Agbede as the Acting Group Chief Executive Officer.  By March 14, the company re-appointed its co-founder, and non-executive chairman, as Chief Executive Officer of Access Holdings in a substantive capacity. Kobe Bryant’s wife, Vanessa has at every turn memorialized and honoured her husband, Kobe but she and her three surviving daughters have embraced life with equanimity. The family naturally feels the pain of death most, some people never heal, but still life goes on. 

In Iran, the Supreme Leader, Ayatollah Khameini had urged the nation not to worry, and that “there will be no disruption in the country’s work”. Iran has declared five days of mourning, and the first official state funeral will take place today. Meanwhile, the Cabinet of ministers has met, and replacements have been announced. Article 131 of the Iranian Constitution prescribes that in the event of the death of the President, the first Vice President assumes office, hence Mohammed Mokhber is now the Acting President of Iran. Ali Bagheri Kani, former Deputy Foreign Minister is also now the Acting Foreign Minister. Within 50 days, the Constitution prescribes that a new election must be held to elect another President.  So, even in Iran life goes on. What remains is the country’s next election in early July. Who will be Iran’s next President? A hardliner or a moderate and what would be the implications of the choice among likely candidates at a time Iran faces serious economic, regional and global challenges? 

Helicopters are scary things, from the swirling blades that you have to be mindful of as you board or disembark, to the fact that they are very shaky most of the time when they are air-borne especially when there is a little shift in the weather condition. Helicopters are not as stable as regular planes. One of the reasons I felt all hope was not lost when the Jonathan administration left office in 2015 was that I would not have to travel in those machines again, at least not as part of regular duty routine. In 2012, it was a really sad moment for the Nigerian government when General Andrew Owoye Azazi, National Security Adviser, Governor of Kaduna State, Patrick Yakowa, and four others died in a Navy helicopter crash in the forest of Okoroba in Nembe Local Government Area of Bayelsa State on their way to the Port Harcourt International Airport. The helicopter burst into flames; its occupants were burnt beyond recognition. Every Nigerian President and senior government officials use the helicopter a lot, to cover distances, and in our time, the helicopter was the regular shuttle from the airport to the Villa, or to some nearby locations. On more than one occasion, going to the same Bayelsa state from Port Harcourt, we have had quite some anxiety. 

But it was in Switzerland that we had real anxiety about flying in a helicopter in a mountainous region. It was January 2013, I think. We had travelled to Switzerland to attend the World Economic Forum in Davos, something we did every year. But the weather was truly harsh that particular year. We landed in Geneva and hopped into the helicopter to take us straight to Davos. When we were airborne, it turned out that the weather was almost zero. It was so foggy up there we could not see anything ahead. And this was in Switzerland with the mountains or the Swiss Alps as they are otherwise called. We all became anxious. There was panic written all over our faces, including the President’s.

“It is not good for a President to die in a helicopter crash, and in a foreign country”, President Jonathan said, trying his best to remain Presidential. It is not good for a Special Adviser to die in a helicopter crash either, I thought quietly to myself. 

“But sir, these are oyinbo people sir and this is their country. They will know the terrain very well, and I think they have good technology.” 

The President directed there and then that on our way back from Davos, if the weather was still foggy, we would all return to Geneva by road. No helicopter ride in that kind of foggy weather. 

Later that year, July 2013, President Goodluck Jonathan was in China on a five-day state visit. It was a significant trip to strengthen bilateral relations between Nigeria and China. We were well received and everything went well. The hospitality was great. The chemistry was right. But I recall that one of the programmes on our list could not take place. We were to visit a particular province, but the issue came up that we would have to go in a Chinese aircraft, flown by Chinese pilots, because the route to the province is mountainous and even only carefully chosen and trained pilots are allowed to fly on that route. Mountains again, after the experience in Switzerland? The Foreign Affairs people and the PAF Commander had to find a diplomatic way of standing down that part of the trip. Besides, it would have been odd to allow another sovereign and its pilots to take over the management of the movement of the Nigerian President. Nonetheless, President Jonathan’s visit to China was successful. It prepared the grounds for the deepening of bilateral relations between both countries. There were no more issues with helicopters and foggy weather for a while, except when we had a bird strike stopping our aircraft in South Africa and we had to change planes, and yet another bird strike during the 2015 election campaigns in Northern Nigeria, and an aircraft had to be brought from Abuja to take us back.  In life, we survive only by chance. 

Helicopter crashes have claimed the lives of many prominent state officials in the line of duty, including President Rene Ortuno of Bolivia (1969), Prime Minister Rashid Karami of Lebanon (1984), Burundi Defence Minister Colonel Firmin Sinzoyiheba (1998), due to poor weather, President Ibrahim Nasir of the Maldives (2008), Vice President John Garang of Sudan (2005), and Chief of Kenya’s military, General Francis Omondi Ogolla (2024). There is also a long list of leaders across the world who died in plane crashes. Between man, technology and nature, there is a lot about man’s inability to master and control the universe. There have been survivors though: In February 2019, Vice President Yemi Osinbajo of Nigeria escaped unhurt from a helicopter crash in Kabba, Kogi State.  In Iran, two helicopters travelling with President Ebrahim Raisi made it back to Tehran safely. Life is complex, the mysteries within it are far more so. May the souls of all departed persons find peace eternal.   

The report that President Bola Tinubu has now ordered the Central Bank of Nigeria (CBN) to suspend the implementation of the proposed Cybersecurity Levy must come to many Nigerians as some sort of relief, but before we deal with the sense or non-sense of the levy itself, where does this leave the autonomy of the CBN? The Presidency has tried to walk back the narrative by saying that the directive is to the Office of the National Security Adviser (ONSA), and not the CBN, but come off it, it is the CBN that has given a directive to the banks, ONSA is to manage the fund, and receive 40% of whatever is collected by the CBN.  It is therefore not surprising that many civil society groups and experts have raised questions about the law, the process, and the policy. These include the Nigerian Labour Congress (NLC), the Trade Union Congress (TUC), NACCIMA, KPMG, Afenifere, Northern Elders Forum, Coalition of Northern Groups, Centre for the Promotion of Private Enterprise (CIPPE), BudgIT, SERAP and others. The CBN directive is based on Section 44 (2) of the Cybercrime Prevention and Prohibition Act of 2024, itself an amendment of the same law of 2015. 

Femi Falana, SAN, in an informed opinion has raised the point that the CBN misinterpreted the law, and that the Act itself is contradictory. His specific reference is to the fact that the CBN wrongly directed all financial institutions to apply the levy at the point of electronic transfer origination, and to be so explicitly noted in customer accounts under the description Cybersecurity Levy and remitted to the CBN. Falana argues that the erroneous impression has been created that the levy is payable by individual customers using the services of commercial banks, payment system banks, non-interest banks, merchant banks, mobile money operators, and payment service providers.  The phrase “businesses” in the 2015 Act has been substituted for “business” in the 2024 amendment, and there is confusion as to whether the levy is 0.005% or 0.5%. He argues further that the CBN owes Nigerians an apology for the misleading interpretation of the clear and unambiguous provisions of the Act to wit: Section 42(a) which makes it clear that the levy shall be applicable to GSM providers, Internet service providers, banks and other financial institutions, insurance companies and the Nigerian Stock Exchange. 

Falana’s position was subsequently on all fours with the decision of the House of Representatives that the implementation of the levy should be suspended because, as Hon. Kingsley Chinda puts it, it contradicts the Second Schedule of the Act.  Last Thursday, Hon. Chinda, representing Obio/Akpor Constituency moved a motion for the immediate halt and modification of the levy announced by the CBN on May 6. The House concurred, and so resolved. However, the Senate speaking through Senator Shehu Umar Buba, Chair of the Senate Committee on National Security and Intelligence, argued that the CBN circular is in line with the Act as amended and that there are exemptions duly stated in the law. These exemptions, 16 in all are listed in the appendix to the CBN circular, but what we see is apparent confusion even among the lawmakers, despite the fact that the best way to know the value of any law is through its implementation. This is one clear instance in which the implementation of a law has been subjected to a rigorous test and robust opinion by those it is meant to serve. The law has raised a number of interesting questions that should serve as necessary guide: Can public institutions be funded directly by bank deposits with the CBN as a collecting agent? Can the Office of the National Security Adviser receive unappropriated funding for its activities? Since banks already charge fees for electronic transfers, does the electronic transfer levy for cybercrime protection not amount to double taxation? Should ONSA be a revenue collecting agency? And how do we reconcile the obvious confusion in the law? 

Olisa Agbakoba, SAN has since added his voice to the controversy by noting that the cybersecurity levy is unconstitutional. It runs counter to the letter and spirit of Section 162(1) and 162(3) of the 1999 Constitution which make it clear that all federally collected revenue must go into the Federation Account and “shall be distributed among the Federal and State governments and the Local government Councils in each state on such terms and in such manner as may be prescribed by the National Assembly”. A combined reading of both sections is instructive.  It has been argued that some agencies such as the Federal Inland Revenue Service (FIRS), Nigeria Ports Authority (NPA), Nigerian Maritime and Safety Agency (NIMASA) and Customs retain a percentage of their revenue, but the point is clear that ONSA cannot transform itself into a revenue collection agency. Agbakoba has served notice that he will challenge the law in court. SERAP has already gone to court on the same matter in suit number FHC/LCS/822/2024 filed at the weekend to seek an order of interim injunction against the CBN. 

In sum, the key arguments against the Cybersecurity Levy is that the timing is bad, it is not a good idea and that the 2024 Amendment is fuzzy, the proposed implementation is unconstitutional. Senator Buba who has been most vociferous in defending the law says “it is customary that a public hearing is held before every bill is passed, and the amendment of the Cybercrime Act 2024 was no exception, involving the participation of people from all spheres of human endeavour who witnessed the process.” Nigerians are asking where were we when this law was amended and passed? Perhaps there is a lesson here about the need for the Nigerian citizenry to be more vigilant and attentive where lawmaking is concerned. Buba adds that “Nigeria’s Cyber Threat profile extends far beyond cybercrime, with other major cyber threats classified under the National Cybersecurity strategy. To survive as a nation, the current weak approach to enforcing national cybersecurity directives must be re-examined and prioritized, among other considerations. The country must fund its cybersecurity and counter-terrorism programme independently, not through foreign aid.” I have not heard anyone disagreeing with the fact that Nigeria needs a strong cybersecurity framework. 

Even the International Monetary Fund (IMF) referred to the importance of a cybersecurity framework during the presentations of its Article IV Consultation Report. Despite the people’s skepticism about IMF and its bitter pills, nobody has raised any objection against this observation. What the people are saying is that a cybersecurity levy is likely to harm businesses which already pay more than 40 taxes. It will drive people away from the banking system, since it would be wiser to keep money at home than go through formal payment systems and be over-taxed. By introducing the cybersecurity levy, government has inadvertently hobbled its financial inclusion and cashless transaction policy. KPMG has made the point that government cannot achieve economic growth through over-taxation. Dr. Ngozi Okonjo-Iweala, the Director General of the Word Trade Organization (WTO) has said Nigeria needs to streamline its taxes. 

Nobody likes the tax man. But what bothers Nigerians is the fact that the Tinubu administration keeps sending mixed signals about its revenue drive. Both the CBN Governor, Yemi Cardoso, and the Minister of Finance, Wale Edun once famously said that the Tinubu administration is not out to tax people to raise revenue, even if it would broaden its revenue collection strategies. Chairman of the Presidential Fiscal Policy and Tax Reforms Committee, Taiwo Oyedele, at the closing out session of the body over the weekend, said 95% of the informal sector should be exempted from all taxes, especially businesses earning N25 million a year or less. His words: “We think that the informal sector are people who are trying to earn legitimate living, we should allow them to be, and support them to be…”  The Tinubu administration has a good supply of persons who say the right things but do the very opposite. President Tinubu himself promised “renewed hope” but Nigerians have never been this nervous. For no fault of theirs, the people have been the target of a heavy burden of multiple taxation: the very day that President Tinubu assumed office on May 29, 2023, he removed fuel subsidy, the same subsidy removal that the Buhari administration cleverly avoided. Life has become harder for Nigerians since then, and the price of everything has gone up, and keeps going up, against the natural law of gravitation. Headline inflation is over 32%, threatening to go higher (experts are projecting that it could go as high as 34% when the National Bureau of Statistics announces April inflation figures tomorrow), food inflation is at an unprecedented level in known history. Electricity tariff at N206.80 for Band A customers has thrown many homes into darkness and agony, the DISCOs do not provide 20 hours of electricity as promised, and the people cannot pay because they are overburdened. Businesses are naturally transferring their own burdens to the people. Telecommunication operators have asked for the leave of the Nigeria Communications Commission (NCC) to increase call rates. Cable TV service providers have also hiked their rates. Organized Labour is fighting for a minimum wage but the minimum of N615, 000 that they are asking for sounds airy. Nigeria has become dystopian and what the people cannot understand is the manner in which government officials carry on as if they live in paradise. 

It is important to fund cybersecurity, yes, but that money can come from plugging wastages in government. Ministers go about in a convoy of exotic vehicles, lawmakers in Abuja ride SUVs which they pass on as project vehicles but we all know that no lawmaker inspects any project. And by the way, what happened to the Nigerian government’s monetization policy? The salary of Ministers was adjusted upwards years back to address accommodation and transportation needs, but the government has refused to implement the policy. It is easier to impose hardship on the people, but the easiest option is not always the best.  

What also irks the people is the lack of accountability, and the opaqueness at the heart of government processes. The cybersecurity levy would raise over N4 trillion annually, and 40% of that would be managed by the ONSA. Defence and security already take the bulk of government budget and expenditure every year, and yet insecurity remains Nigeria’s major problem. Even if Nigerians understand the importance of cybersecurity, they do not trust their government enough to pay additional tax. And why is the CBN involved in the collection of tax – what is primarily a fiscal policy function? Is the CBN a pawn in a revenue collection game? It has now been driven into a corner. Much worse is the fact that some banks did not even wait till the specified date of May 20 in the CBN circular; they have started taking people’s money, duly stating same as cybersecurity levy. Nigerian banks must resist the temptation to act as criminal enterprises. They don’t serve their customers well – always complaining that there is no money or that their network is down. When they manage to pay across the counter, they give out dirty, torn notes. Most of the ATMs in banks across the nation no longer dispense cash. Mobile payment operators have more cash than the banks, and are far more reliable, and Naira retailers at social events have new notes that are not available in the banks!  All the banks that have collected cybersecurity levies from their customers, ahead of May 20, must refund all the deductions, with an apology. Banks should serve their customers and not steal from them! Thievery is incompatible with the task of financial intermediation. 

President Tinubu has directed that the implementation of the Cybersecurity levy should be suspended. This is a welcome development. It makes the people happy. It shows that the government has listened to the yearnings of the people. This is a habit that the Tinubu administration should cultivate: to restore hope, the government must avoid anti-people policies. The CBN is yet to withdraw its circular on cybersecurity levy. It must do so forthwith, otherwise the banks would insist that they have not received any counter-directive from the regulator. The withdrawal must be well-publicized, and there must be an apology attached to it. But that is not the end of the matter. The National Assembly must take another look at the amended Act and re-amend it further. Members of that Assembly are in Abuja to defend the people’s interest and promote the common good. It is downright offensive to see the Senate and the House of Representatives arguing over a piece of legislation that they both worked on and passed. Their confusion is unhelpful. On the Cybersecurity Prevention and Prohibition Act of 2024 (as amended), they need to go back to the drawing table, and be properly guided by public responses. Besides, as Agbakoba SAN has rightly argued, the National Assembly cannot make a subsidiary legislation that bypasses the Constitution and puts federally collected revenue in the hands of an agency. This was the decision in AG Rivers State vs. AG Federation and others in 2022, where the court upheld the provisions of Section 162(3) of the 1999 Constitution with regard to the controversy over the Nigeria Police Trust Fund. And let everyone pay attention to their schedule: it doesn’t look tidy having the President overruling the Central Bank.