Thursday, December 31, 2015

President Buhari's First Media Briefing


Here are some key comments by President Muhammadu Buhari in his first Presidential Media Chat on Wednesday where he fielded questions about some of the key issues in the country - from the whereabouts of the Chibok girls, the Nigerian Army-Shiites clash and pressure to devalue the naira. See the highlights, courtesy of my cousin, Osahon Omole.


On the clash between Shi’ites and the Nigerian Army in Zaria and his silence

i. I have allowed the army and the Kaduna State government to come up with their reports before I come out to speak on the clash. This does not mean that the police and the DSS are not doing their part.

ii. The situation in Zaria is very serious… How can one group create a state within a state?

On the state of tertiary institutions

I don’t like the idea of University students sitting on windows to receive lectures.

On whether he actually promised to pay unemployed youths N5,000

I cannot come here and deny that.

Foreign exchange restrictions

I. We need power, railways, roads… These are our priorities; not people looking for money to bring in rice (to the country).

II.Foreign exchange will be made available to the productive sector of the economy and not for luxury items.

On calls for the devaluation of the naira

I need to be convinced about devaluing the naira.

On asset declaration

I declared my assets four times… I don’t have to ask them (Code of Conduct Bureau) to give you the asset declaration… You have a constitutional right to the documents.

On the continued bomb attacks in parts of the North-East

I. The Hijab will have to be banned if this (the suicide bombing) continues.

On the debate about fuel subsidy

By the end of the next quarter, we will not be talking about subsidy. How much is the price of fuel (in the international market) now?

Reported plans by the National Assembly to spend billions on cars

I cannot see the National Assembly spending N45bn to buy cars on top of the transport allowance they collect.

On the pace of the anti-corruption war

I. Our major constraint is that accused person must go to court first and under such circumstances, we cannot prejudge what the courts will do but there are documents and how the government will react through the Ministry of Justice will determine what we will do because what we are going so we cannot determine issues while they are still in court.

II. If any member of my cabinet is corrupt, I will sack the person.

III. Members of the cabinet are supposed to declare their assets.

On whether funds have been recovered from looters

I. Money has been recovered but the fact that whatever we recover will end up in court because Nigerians will always want to know the truth and the truth will be what the courts have discovered by the submission made to them in terms of bank statements where money was recovered, where money was lodged, when it was lodged, how it was lodged whether it was money from petrol, customs and excise or money directly from the Central Bank. When we do that I think Nigerians will feel a bit better.

II. It is a very nasty situation that we are in, but we cannot fold our hands and not do anything; we are doing our best.

Chibok girls

We are keeping our options open. We are prepared to negotiate with Boko Haram for the girls… There is no firm intelligence where those girls physically are and what conditions they are in but what we learnt from our intelligence is that they (terrorists) kept on shifting them around so that they are not taken by surprise and they get freed. And a whole lot of them are not in one place and we don’t know how many divisions they have and where they are. There is no intelligence to say that the girls are alive and in one place. That is the honest truth.

On the agitation for Biafra over alleged marginalisation

We have Boko Haram and then Biafra. Help me define the extent of marginalisation. Who is marginalising them? Why? How? Do you know? … The constitution said there must be a minister from each state. Who is the Minister of Petroleum? Is he not Igbo? Who is the Governor of Central Bank? Is he not Igbo? Who is the Minister of Labour? Who is the Minister of Science and Technology? Who is the junior minister of education?

On the continued detention of suspected looters and alleged violation of court orders by the DSS

You can see the type atrocities that those people committed against soldiers and the country. The former president goes to the governor of the Central Bank and say, ‘give N40bn to so, so, so… And then he fails to account for it and you allow him to go and see his daughter in London while and you have two million people in IDPs, half of them don’t even know their parents. Which kind of country do you want to run?


And the one you are calling Kanu. Do you know he has two passports – one Nigerian, one British – and he came to this country without any passport?… There are criminal allegations against him and I hope the court will listen to the case.

Friday, December 25, 2015

Merry Christmas: Remembering Jesus Christ, His Life and His Teaching.

From the depth of my heart, I want to wish everyone of you who find the time to visit this Blog: A Merry Christmas and a prosperous 2016 in advance.

On our part and as a people, let's strive to be Christ-like in all that we do. As an individual or as a group, whenever you are confronted with difficulties in your decision making process, or you are in a situation where the probability of you compromising in your judgement is certain and imminent, always remember to ask yourself the simple question: what would our Lord Jesus Christ have done? And that is the beginning of wisdom and statesmanship.

We should not refrain from His teaching, if we truly believe on why he came and died for us. Our Lord's Prayer is fundamental in knowing about Christ, his teaching and his expectations of us. It is more than a prayer.

What happened to the teaching of tolerance, peace and harmony? Of love thy neighbor and to do to others as you would expect them to do unto you? What happened to thou shalt not steal, nor convert their neighbor’s goods? What happened to give to Caesar what is Caesar's and to God what is God? It is about obedience and observance of the law.

Indeed, we are created in the image and likeness of God - imbued with holiness, of sanctity and reverence. But do we cherish that image, live it and project it in what we do?

Time was when it was all about the gospel, the teaching, and of faith, atonement and repentance of sin. Yes, it was about the healing and forgiveness of sin - your faith has saved you; go in peace.

Today, at Churches, at home, offices and political gathering, we devote so much quality time and energy invoking Holy Ghost fire, and wishing die, die, die and destructions upon our imaginary enemies and political opponents. At the end, so little quality time is spent on perfecting the gospel and the teaching of acceptance, tolerance, peaceful co-existence, and empowerment.

Yes, it is no longer about knowing Christ or his teaching, but how loud and effective the new Men of God are in imploring thunder and fire to vanquishing known and unknown worldly adversaries and imaginary spiritual tormentors.

Yet, Jesus Christ ate with the one who was to betray him. He acknowledged the windows mites and appreciated Mary, who selflessly, and with rare grace, washed and anointed the Lord's feet with an expensive perfume. Yes, it's about piety, exemplified here by both the recipient (Christ the Lord) and the giver (Mary). Where is your humility, and the humanity in you?

As per population, we worship God or Allah more than any country on earth, but we know who we are as a people, as a society and as a nation-state. There is no denying the facts that there is a total disconnect between the Holy Books and the Nigerian realities, our existence and life style as believers and propagandists of the faiths.

Call this soul searching; I really don't know the answer, but what I do know is that Jesus Christ would definitely have indicted us of apostasy and perversion of the gospel long ago. There is no doubt, there is more to living the message than in teaching it.

Search your soul, brother; search your soul, sister; search your conscience, friends. Are you behaving Christ-like? Are you really living true to the teaching and the gospel? This is not about being born again. It doesn’t require any spiritual component or spiritual reawakening for it to manifest. It’s about you and your conscience, expressed in your actions and pronouncements.

If you are in doubt or at a loss about his teaching and his expectations of you and I; read the Sermon on the Mount and the Transfiguration. Do a reflection. And you will be, in the image of the man who built his house upon a rock, be solidly grounded in the teaching and the life of Christ.

On my part, I have resolved long ago to be Christ-like in all I do, in all I say and in all I Blog and write about. How about you, friends? That’s a first step towards redeeming the image of God in us; and towards remaking our home and our world. Yes, it's more than being born again. It is about remembering to be Godly, living the life of Christ and what he represents.

Once again, Merry Christmas.

 Barr Alex Aidaghese
0909 247 5320,    0708 695 1511
alexaidaghese@gmail.com

Thursday, December 24, 2015

Of Regulatory Mechanisms and Enforcement Questions.

When an over-hyped, yet unproven Body Language is unmatched with commensurate action during trying times, or when tested, unmitigated lawlessness will evolve. Indeed, body language does matter, but only to the extent that the wavering and the culpable minds feel the impulse of sanction. It is a mind game, being apprehensive of a purposeful action and paying for the crime committed. Therefore, when the people have cause to doubt the integrity of those trusted to lead the battle, dissatisfaction would come to play. Resistance and insurrection would come to play. And defeat and failure (business as usual) would have a strong footing.

So, Body Language, like its twin sister, change mantra, is an abstraction - a conceptual process. It cannot fly and it cannot reason. Its meaning is in usage. Its essence is in action and performance. And it can only be a deterrent, not by the will of the people - certainly, not Nigerians - but by the grace of the crusader who wields the almighty gavel

When a fuel attendant, at his discretion, unilaterally set the gas price per liter, and knowingly disregards the calculations or the readings of the gas meter as set by regulators, you know a non-complimentary verdict has been pronounced on the Body Language. And when a fuel marketer determines when to load and off-load his load, and dare the government and the regulators to a fight, you know the tangle is a no contest.

You know the government is not ready for prime time when power and electricity regulators cannot overcome the mischief of power distributors who unrepentantly bill where they did not supply.

Above all, you know the government is adrift in the tides, when regulators spent more time defending and deliberating on legitimate actions they have not taken, instead of taking such actions and daring the consequences. EFCC derives pleasures from inviting big names for a question, without taking further concrete action or actions with a view to recouping the embezzled funds. EFCC and ICPC appeared engaged, without having the quality result to showcase. 

Take for instance the indictment and purported trial of the Senate President, Mr. Sola Saraki by the Code of Conduct Tribunal for non-compliance with the asset declaration formalities, when he was the Governor of Kwara State. The law setting up the Tribunal stated without ambiguity that a panel of three judges shall sit during a trial. Not one, not two or four, but three. Contrary to that clearly stated provision, the Chairman of CCT, knowing and without reasonable explanation commences the trial of the Senate President, the first high profile case for that matter, with two judges. 

Today, the Saraki's trial is on appeal at the Supreme Court, not on the question of guilty or innocent of the accused, but on the justiciability of the tribunal sitting two judges instead of three. So far, no one has questioned the busybody Chairman to give an account of his deliberate misconduct. That is how our high profile law enforcement agents, trusted and employed to fight official corruption squandered our financial resources achieving nothing. 

A few days ago, they planted this headline in the news: "Arms Scandal: EFCC plans to write ex-President Jonathan" - The Punch Monday, December 21, 2015. Now, you ask me, what is newsworthy about that? Nothing. Just nothing, but to hoodwink Nigerians into believing that they are after the big guys. On the other hand, a headline like this, “EFCC has written ex-President Jonathan, demanding an explanation for his alleged involvement in the ongoing Arms Scandal”, would have made a big difference.  But not in Nigeria and not in the life of our EFCC. That superficial headline at Punch newspaper is exemplifying EFCC and ICPC modus operandi in the history of its war against corrupt political leaders in Nigeria. 

It's about actions you've taken, not a cause of action you are contemplating. You're cheapening your institution, dampening the clout of this administration, and eroding the efficacy of the brand the Commander-in-Chief commands. The narrative we should be marketing is the tough guy image; not superficial headlines. It doesn’t fit the Buhari brand. 

The campaign is over. The election is over. President Jonathan wasn't good enough, and the Progressives won. If the EFCC and the office of the AG cannot find probable cause to indict him for criminal wrongdoing, he should be left alone, 

And to my friends and fans calling for an extended grace period for the President, I would like to point out that you do not need a new budget to execute or ensure regulatory compliance. It is a mind thing - in your face attitude by the President. That is not dictatorial. It is taking the fight to the road, to the oil marketers, and to the people; the Obama style. 

The President is the Minister of Petroleum and he has been around the industry for decades. He is expected to be the face and the voice of reason against the oil marketers - the moral authority. But he is at this moment not living any of the above. 

Mr. Buhari is the President of Nigeria and the Minister of Petroleum Resources. If he wasn't the Minister of Petroleum and another person is in the position, what would have been his reaction so far in the face of the lingering fuel hoarding and price distortion? Summon the Minister for explanation or voluntary resignation? Mr. President, this is the first test as a Minister of Petroleum, and without any doubt, it is not a passing grade.

Finally, there was a body language at the inception, but its efficacy was dissipated in foreign lands. The President was not at home to take full advantage of the unprecedented surge in his relevance to maximize the potency, real or imagined, of the much-celebrated body language. What was required was a trip around the country, thanking the people for their votes, reassuring them that the change mantra is real, but that they must be willing to persevere with him. He never did. President Jonathan's failure was his inability to communicate. Sad to say, this administration is not doing anything different. President Buhari can only market his body language purposefully, while on the road. Not at Aso Rock. You cannot enforce or regulate what you don't know. Nigerians need a leader. You cannot provide that leadership by mandating your Press Boys to issue Press Release. 



Sunday, December 6, 2015

Here's To The Crazy Ones...

Here's to the crazy ones - the misfits, the rebels, the trouble-makers, the round pegs in the square holes ... the ones who see things differently. They're not fond of rules and they have no respect for the status quo. You can quote them, disagree with them, glorify or vilify them. And the only thing you can't do is ignore them ... because they change things. They push the human race forward. While some may see them as the crazy ones ... we see genius. Because the people who are crazy enough to think they can change the world ... are the ones who do. - Steve Jobs (1955 - 2011)  

The Role of The Press in Overcoming Mediocrity in Nigeria!

During the screening of the Ministerial nominees, it was widely reported that Mr. President told his subordinates and the emerging Ministers to always tell him the truth, no matter how unpalatable. Specifically, I saw Barrister James Ocholi (SAN), one of the Ministerial nominees emphasizing that demand from the President, while speaking with a TV Reporter. In light of the not so encouraging developments surrounding the appointment of new Ministers, I would like to ask what would happen, if those in position to advise the President as per the truth, lack the intuitive capital to read and interpret the situation on the ground and advice the President accordingly.

When that happens, as it is always the case in Nigeria, the President is denied useful information. In that case, there is a vacuum in the system that no one in the Presidency is aware of. And that is the evolution of mediocrity - our bane as a society.

For instance, there was a noticeable improvement in power supply immediately President Buhari came into office. Thanks, of course, to the much hyped "body language." Today, power supply is at its worst since my arrival in Nigeria about six months ago. As I write the lines at the gas pump are getting longer. Boko Haram is once again on the rampage with brazen bravado, undaunted. And it is no doubt, worse than six months ago.

Indeed, we did embrace the new slogan in town: "no more business as usual." Yet, nothing has changed. In hindsight, the solution is not just the rejection of the culture of "business as usual," but defining a new benchmark for performance evaluation and raising the standard of engagement across the board. 

In other words, what is the nature of change desirable at this present time? That leads us to the next question. It is about benchmark - evaluation of benchmark and standard of engagement.

How do you raise the standard of engagement or define the new benchmark, when those who are strategically placed to define new policy frameworks (make changes) are ignorant of the existence of a lacuna in the system? That is the problem. That is our problem as a nation-state. And that is where the press must step in. Yes, the press, through constructive criticisms, supported by the people, through mass protest.

On the other hand, if indeed the President has credible and audacious Nigerians around him, with the requisite background to read and interpret the situation on the ground and advise the President accordingly (telling him the truth), but the change as understood by the President and acceptable to the President and his core counsellors is inconsistent with emerging trends or what obtains in advanced climes, then we have a problem at hand - the making of a dictator. It is the same as not having advisers at all.

By the way, President Jonathan, honest as he might have been, didn't grab the mood in the country and the expectations of a modern Nigerian nation-state. And that should have been the responsibility of his kitchen cabinet, who turned out to be bunch of local DJs.

And that brings us to the second question: how do we eliminate a vacuum created by a recalcitrant President? First, the Advisers should remain steadfast and be consistent in standing for what they believe is right - the truth. They should not be docile about confronting the President's kitchen cabinet openly with facts and figures on issues where there are differences. However, in the absence of any substantial improvement on the part of the President (unwilling to be convinced), the affected Advisers should not hesitate to do the ultimate: resign.

Given the fact that resignation by Advisers or Ministers is not a Nigerian corporate culture; the press, once again, must step into the void, through consistent and constructive criticisms, supported by the people, through mass protest. Yes, for the Change to be meaningful and result-oriented, the Press and the Nigerian people must be ready to reject packages clothed in deceit aimed at suffocating informed views.

So, it is my conclusion that raising the benchmark shouldn't just be about slogan. It is about actions and the nature of such actions. And that is what this essay is about - defining a purposeful benchmark, with the support of the press. It requires visions, audacity and creativity. And that's why President Obama is a success story, today.

He started by asking question another President would not have asked. How come ordinary Americans cannot afford quality and affordable healthcare? And what must we do to ensure availability and affordability? How can we simplify educational funding to make it accessible to poor American families? What is more important to do: fighting two wars and depleting the national resources, and be lauded and be vilified at the same time as the Policeman of the world, or stay away from war without end and invest the saved resources at home? You know the answer. And today, the American economy is better off for it.

Still on Obama - he did not bail out American State Governors or supported them in paying any outstanding workers salaries and wages as President Buhari just did in Nigeria few months ago. His bail out was to the Auto Industry, the Wall Streets and the Mortgage sector, knowing full well that a vibrant auto industry and a buoyant, but regulated Wall Street, will go a long way in creating synergy that will spiral to other sectors of the American economy and catalyze sustainable growth along the chain. And it happened. That was common sense integrated with a daring will to act and to succeed. First is the ability to know that something isn't right, and then, ask questions. Awareness matters. Visions matter. And audacity matters, as well.

Monday, November 23, 2015

The KOGI State Gubernatorial Election Saga: When The Law is Silent - A Common Sense Analysis. (With Updates)

The Governorship election in Kogi State was inconclusive as per INEC, because of irregularities at some Polling Units. Therefore, the ongoing debate about succession process as a result of the death of one of the candidates is a moot point. The deceased candidate was never at any time declared the winner. So, until INEC reverses itself and declares Prince Abubakar Audu the winner, a development that is very unlikely, we cannot be discussing the constitutionality of his running-mate or deputy becoming the next Governor elect. The election is yet to be won. Succession question or debate is irrelevant at this point in time.

Right now there is a void. INEC cannot continue with the election when APC does not have a candidate. Even if a Supplementary election is called by INEC, APC does not have a candidate in the race that is a product of Section 87(4) of the 2010 Electoral Act. Mr. Faleke cannot step into the shoe of Prince Audu for three reasons. One, he is not that person as contemplated by S 87(4) of the Electoral Act. Two, he is not a running-mate to a duly declared winner of a Gubernatorial race. And three, he is not a Deputy to a duly elected Governor.

From all indications, and novel as it is, INEC is traversing a tempestuous legal terrain given the fact that neither the 1999 Constitution (as amended) nor the instant Electoral Act contemplates any of the scenarios generated by the sudden death of Prince Abubakar Audu - the candidate who ran on the APC ticket. However, it is my hunch that PDP may likely carry the day unless there is a fresh election or a creative Supreme Court thought it fit to vest Mr. Faleke with Prince Audu's rights and responsibilities.

Section 87. Nomination of Candidates by Parties.

(4) (b) In the case of the nomination to the position of Governorship candidates, a political party, where they intend to sponsor candidates
(i) hold special congress in each of the local government area of the state with delegates voting for each of the aspirant at the congress to be held in designated centers on specified dates;
(ii) the aspirants with the highest number of votes at the end of the voting shall be declared the winner of the primaries of the party and the aspirant’s name shall be forwarded to INEC as the candidate of the party, for the particular state.

As at this morning, November 23, 2015, APC does not have that candidate in the race in Kogi State. Unless, of course, Mr. Faleke is able to prove and convince the court that the joint ticket with Prince Abubakar Audu inures or enures to his advantage - a position that PDP and non-Yoruba ethnic groups in Kogi State will find uncomfortable to swallow.

In addition, it is very likely that PDP will not accede to any decision of INEC requiring it to wait while APC takes steps to overcome the primaries hurdles in accordance with the Electoral Act. 

As events unfold, the major issue that the Supreme Court would have to resolve besides the sustainability of the Audu/Faleke ticket is whether INEC and APC can construe the provision of Section 33 (death of a candidate) to justify the introduction of a new candidate, without recourse to Section 36(1), which covers the time frame during the election process, when introduction of a new candidate on the ground of death is excusable. In other words can INEC or APC avail itself of the provision of Section 33, independent of, or in isolation of the requirements under Section 36(1)?

Please find below, Section 33 and Section 36(1) of The Electoral Act, 2010.

Section 33. Political parties changing candidates

No Political Party shall be allowed to change or substitute its candidate whose name has been submitted pursuant to Section 32 of this of this Act, except in the case of death or withdrawal by the candidate;

Section 36. The death of a candidate.

(1) If after the time for the delivery of nomination paper and before the commencement of the poll, a nominated candidate dies, the Chief National Electoral Commissioner or the Resident Electoral Commissioner shall, being satisfied of the fact of the death, countermand the poll in which the deceased candidate was to participate and the Commission shall appoint some other convenient date for the election within 14 days. .

In other words, death must occur after the time of the delivery of the nomination paper and before the commencement of the poll, not when the election process is evolving as we witnessed in the Kogi's case.

Doing What Judges Do:

Judges are known or reported to have changed their minds as a case develops or in the course of drafting their final judgment. And that is the delicate situation I find myself right now. When I began writing this piece, Mr. Faleke was the last person on my mind as the most favored candidate of all the contenders in the evolving saga. However, the more I write, the more I read the relevant sections of the Constitution and the Electoral Act, and the more I reflect on them, the more I begin to realize that it is him that the crown fits, and to do otherwise is courting injustice. My approach was simple; I applied the process of elimination, starting with the non-viable options.

From all indications, PDP can only win if INEC stops the process. And that is an unrealistic proposition. In similar vein, for APC and INEC to win, they would have to convince the Supreme Court that Sec 33 and Sec 36(1) of the Act are independent of each other - meaning, the time frame under Sec 36(1) is not applicable in construing or applying Sec 33 in a given case.  In addition, they would have to prove that the Audu/Faleke joint ticket is not sustainable beyond the demise of one of the parties - meaning no transferability of rights and responsibilities until INEC declares the election conclusive. 

So, on the issue of whether Mr. Faleke is the most favored contender by the Act or the Constitution to inherit the Audu/Faleke joint ticket and the vote counts, is to ask the question whether the joint ticket has become legally vested prior to the death of Prince Audu or only at the declaration of the Returning Officer? It is my humble opinion that both law and equity will suffice in resolving that question, and probably, in his favor. I hold this view not necessarily because the joint ticket has a commanding lead in the poll, but for the fact that the death of Audu, sudden as it is, did not in any shape or form alter or erode the fundamental principle of having a running-mate on a given ticket. That fundamental principle is the right to deputize and to assume the lead role in the event of death, resignation or impeachment of the senior partner (the Governor, as in this case).

One, they have substantially performed and the outcome was a convincing lead, the alleged irregularities, nevertheless. And two, to transfer this mandate to a new import, when the battle has been fought and won is like arguing that the Audu/Faleke joint-ticket was illegal as formed. In other words, to question the right of Mr. Faleke to assume the vacated position in the ticket is to question the constitutionality of the formation of the ticket. The ticket was formed and perfected in accordance with the Act and the Constitution. That's it. It does not need further act in the course of the election to garner validation or perfection. So, the continued reference or the question of compliance or noncompliance with the requirements under Sec 87, when Mr. Faleke is already validly on the ticket, is vitiated.

Therefore, the fact that INEC did not make a declaration, to wit that APC has won, as I opined in my intro, is irrelevant. The very moment that APC submitted the names of the two candidates to INEC in accordance with the Electoral Act and the Constitution as running-mates, both candidates automatically acquired vested and unconditional interests, with respect to the rights and responsibilities associated with the joint ticket. Inherent in these rights and responsibilities is the capability/constitutionality of Mr. Faleke to step into the Governorship role in the event of death, resignation or impeachment of Prince Abubakar Audu. In other words, INEC or APC pronouncement is immaterial, when construing the ability of Mr. Faleke (the lawful running-mate) to assume the interests created by the demise of Prince Abubakar Audu.

Above all, given the fact that the reason given by INEC for declaring the election inconclusive is factually and legally flawed, the best alternative is to give unto Caesar what belongs to Caesar. INEC's theory for declaring the election inconclusive is unambiguous - the decision was based on the difference between the number of registered voters in the polling units where irregularities occurred and the difference between the vote counts scored by PDP and the vote counts scored by Audu/Faleke joint ticket. The acceptable standard morally, legally, reasonably, and equitably speaking, is the number of the electorates accredited, properly screened, and eligible to vote on that particular day for the Governorship election, not the population of voters registered to vote at the enumerated local government areas for every election. I beg to hold. Globally, the focus is on the intent of the legislation - what the drafters intended, the ills to preempt or the lacuna in the electoral system to fill -  when construing the meaning of a given legislation to a given occurrence

According to Premium Times of November 22, 2015 “… the Returning Officer, Emmanuel Kucha (Vice-Chancellor of the University of Agriculture, Makurdi), Abubakar Audu of the All Progressives Congress scored 240,867 while Idris Wada of the Peoples Democratic Party garnered 199,514 votes. Mr. Kucha said the margin of votes between Messrs Audu and Wada is 41,353. And that the election was inconclusive because of the total number of registered voters in 91 polling units, in 18 local government areas, where the election was canceled is 49,953. That figure is higher than the 41,353 votes with which Mr. Audu is ahead of Mr. Wada.” See "INEC declares Governorship Election Inconclusive."

Granted, the Electoral Act talks about voters "registered to vote", but we should take cognizance of the fact that at the writing of the 1999 Constitution (as amended), PVC or Card Reader mechanisms were not in vogue, at least, in Nigeria. What the drafters intended was an unhindered universal adult suffrage - meaning, those eligible to vote must be allowed to vote or given the opportunity to vote before a given election is declared conclusive. In other words, PVC and Card readers are directly and indirectly the mechanized architects of that electoral objective, because they made the process near perfect. Hitherto, you are eligible to vote simply on the basis of your registration to vote. Not anymore; presently, you can only vote, if you are cleared to vote. Basically, Card Reader has taken the shine off from the voters' register. And I have no doubt in my mind that the Supreme Court will recognize that latest development in global adult suffrage. Once again, what was the intention of the drafters? It matters. I humbly submit that the term "registered to vote" as intended in calculating the vote counts difference between the top two candidates and the canceled vote counts, in a practical sense, has been overtaken by events (electronic means). But the underlying principle is constant and sacrosanct, and it is fundamentally consistent with the values inherent in the application of PVC and Card Readers in our electoral system. One is the extension of the other. Therefore, PVC and Card Reader should be the reference point. I beg to hold.

Alex Aidaghese

UPDATE: The issues that I addressed in this essay are not the say issues that the defeated party in the suit presented before the court. 

Monday, November 9, 2015

Foreign Legal Issues Can Inform U.S. Courts, Breyer Says | News | The Harvard Crimson

"The best way to preserve American values is to try help deal with these problems, and that requires a little participation and at least knowledge about what’s going on outside our own boundaries,” said Breyer, a former professor at Harvard Law School and the Kennedy School

Saturday, November 7, 2015

Leadership Challenges in Nigeria: Crafting a New Benchmark For Performance Evaluation

A DISCUSSION FORUM PART ONE:

"When cabinet ministers are appointed in September, it will be some months after I took the oath of office. It is worth noting that Obama himself did not have his full Cabinet in place for several months after first taking office; the United States did not cease to function in the interim." - Culled from "Nigeria Committed To Good Governance And Fighting Terror", The Washington Post, July 20, 2015. By President Muhammadu Buhari.

President Buhari promised to appoint Ministers by the end of September. He did not appoint Ministers by the end of September as he promised. Sending a Ministerial list to the Senate for screening and approval by the end of September is not the same as appointing Ministers by the end of September. Without mincing words, I have problem with the process.

If I may add, using President Obama’s experience as a benchmark as the President did in his Washington Post op-ed piece on July 20, 2015, lacks foundation in facts and in reasonableness. Any delay experienced by President Obama was a delay, thanks to the machinations of an intransigent GOP. Not self-induced as in our case.

Much as I tried to cut my President some slack on his reference to President Obama, the fact that he did not meet the September deadline that he publicly set for his administration at the the global stage reinforces the emerging doubt about his ability to conceptualize the enormity of the office and the expectations, domestic and international, inherent in modern public sector governance. Most importantly, ours is a dynamic nation-state - always in motion. It is not 1983.

The President and his team have an onerous battle ahead of them. It is not going to be "what about Jonathan or Obasanjo", and "what they did or didn't do as Presidents while they were in office." The standard is going to be "what is President Uhuru Kenyatta of Kenya doing." It is about "how President Obama reinvented himself to reinvent America." Above all, it is going to be, "if late Chief Obafemi Awolowo and his team could do it in the 50s and early 60s, you and your team must be able to do it." 

Let's take a look at President Obama on his first day at the Oval Office. 

At his first inauguration, President Obama was confronted with an economy that was near comatose. The American financial market was, economically defined, ruined; overwhelmed by the ills of an unregulated, overambitious, and untouchable Wall Street that prides itself as the custodian of Capital Hills.

President Obama was saddled with the task of resuscitating a Mortgage industry that overpriced itself into oblivion and an auto industry that suffered both global and domestic rejection. At the same time, America was fighting two wars in the Middle East, channeling taxpayers' money into a conquest whose end date was an exercise in sheer conjecture. And on the side, was a Senate, populated by Republicans, telling whoever is willing to hear that their goal is to make the new President, a one-term President - a country where prayers and wishes for a popularly elected President to fail in office became the norms rather than the exceptions. He was set up to fail. You were celebrated, honored, like a King in the making. 

Indeed, President Obama was new to power and new to the intricacies of Washington DC. But you were once a Head of State, and a buddy of IBB, Obasanjo and Danjuma - the triumvirate who own this country.

Twice, you ran to be President. Third time around you won. You are a quintessential Nigerian power broker, celebrated elite of the elites. Mr. President, you have been around! Obama was not. 

Above all, President Obama is a black man, and by nature, doubted and resented in his own country. And you are a Fulani, and by Nigerian standard, revered and respected.  Sir, once again, there is no basis for comparison. The author of that op-ed is living in the past. He deserves more tutorials on contemporary global politics and the Obama factor. 

Former President George HW Bush's biography, as reported few days ago by the press, is coming out soon, and in it, the President is reported to have slammed his son's Vice President, Mr. Dick Cheney, "of building his own empire" and Mr. Donald Rumsfeld, the Defense Secretary "for lacking humility and not willing to see what other guy sees." With all due respect, Mr. President, I pray that this new Book be of a timely read for you. In other words, beware of Advisers who specialize in remaking failures as virtues - those who are not willing to see what others are seeing on the ground. 

Moving Forward:

Few weeks ago, it was widely reported that Mr. President told his subordinates and the Ministerial nominees to always tell him the truth, no matter the situation. Specifically, I saw Barrister James Ocholi (SAN), one of the Ministerial nominees emphasizing that demand from the President, while speaking with a TV Reporter. In light of the not so encouraging developments surrounding the appointment of new Ministers, I would like to ask what would happen, if those in position to advise the President as per the truth, lack the intuitive capital to read and interpret the situation on the ground and advice the President accordingly.

When that happens, as it is always the case in Nigeria, the President is denied useful information. In that case, there is a vacuum in the system that no one in the Presidency is aware of. And that is the evolution of mediocrity - our bane as a society.

For instance, there was a noticeable improvement in power supply immediately President Buhari came into office. Thanks, of course, to the much hyped "body language." Today, power supply is at its worst since my arrival in Nigeria about six months ago. As I write the lines at the gas pump are getting longer. Boko Haram is once again on the rampage with brazen bravado, undaunted. And it is no doubt, worse than six months ago.

Indeed, we did embrace the new slogan in town: "no more business as usual." Yet, nothing has changed. In hindsight, the solution is not just the rejection of the culture of "business as usual," but defining a new benchmark for performance evaluation and raising the standard of engagement across the board. In other words, what is the nature of change that we want? That leads us to the next question.

How do you raise the standard of engagement or define the new benchmark, when those who are in position to advise and make a change are ignorant of the existence of a lacuna in the system? That is the problem. That is our problem as a nation-state. President Obasanjo was not a great President, but he is today defining the standard. So, who define the standard? And how do we fathom the existence of a vacuum in the political process? The press. Yes, the press, through constructive criticisms, supported by the people, through mass protest.

On the other hand, if indeed the President has credible and audacious Nigerians around him, with the requisite faculty to read and interpret the situation on the ground and advise the President accordingly (telling him the truth), but change as understood by the President and his core counsellors is inconsistent with emerging trends or what obtains in advanced climes, and the President is therefore, unwilling to accommodate the truth, then we have a problem at hand - the making of a dictator. It is the same as not having advisers at all.

By the way, President Jonathan, honest as he might have been, didn't grab the mood in the country and the expectations of a modern Nigerian nation-state. And that should have been the responsibility of his kitchen cabinet, who turned out to be bunch of local DJs.

And that brings us to the second question: how do we eliminate a vacuum created by a recalcitrant President? First, the Advisers should remain steadfast and be consistent in standing for what they believe is right - the truth. They should not be docile about confronting the President's kitchen cabinet openly with facts and figures on issues where there are differences. However, in the absence of any substantial improvement on the part of the President (unwilling to be convinced), they should not hesitate to do the ultimate: resign.

Given the fact that resignation by Advisers or Ministers is not a Nigerian corporate culture, the press, once again, must step into the void, through consistent and constructive criticisms, supported by the people, through mass protest. Yes, for the Change to be meaningful and result-oriented the Press and the Nigerian people must be ready to reject packages clothed in deceit aimed at suffocating informed views.

So, it is my conclusion that raising the benchmark shouldn't just be about slogan. It is about action. And that is what this essay is about - defining a purposeful benchmark. It is about vision and creativity. And that's why President Obama is a success story, today.

He started by asking question another President would not have asked. How come ordinary Americans cannot afford quality and affordable healthcare? And what must we do to ensure availability and affordability? How can we simplify educational funding to make it accessible to poor American families? What is more important to do: fighting two wars and depleting the national resources, and be lauded and be vilified at the same time as the Policeman of the world, or stay away from war without end and invest the saved resources at home? You know the answer. And today, the American economy is better off for it.

Still on Obama - he did not bail out American State Governors or supported them in paying any outstanding workers salaries and wages as President Buhari just did in Nigeria few months ago. His bail out was to the Auto Industry and Wall Streets, knowing full well that a vibrant auto industry and a buoyant, but regulated Wall Street will go a long way to creating synergy that will spiral to other sectors of the American economy and catalyze sustainable growth. And it happened.

It's about common sense. First is the ability to know that something isn't right and then, ask questions. Awareness matters. Visions matter.  

Common Sense and Management Practices Benchmarking: Questions The Presidency Should be Asking.

Minister and Special Advisers should be able to ask  themselves this simple question. How come our newly constructed highways do not meet the test of time or withstand the forces of nature in more than three years? The Ministry of Works and all the respective government agencies responsible for awarding contracts involving road construction and maintenance and the contractors are jointly and collectively responsible for the state of our roads, both state and federal roads. It is about the quality of the job done - the asphalt level from the base of the ground. Granted, I am not an Engineer, but it is very easy to analyze the thickness of the asphalt concrete that they deposited on the ground at locations where you have potholes on our highways. 

You do not need to have a PhD in Engineering or Road Construction to fathom that. Enough of the Dangote Trucks excuses. You cannot pour bitumen on the ground and expect it to last. The contractors involved know exactly what he is doing and what the deal is. And the relevant staffs of the Supervisory Ministries know what to expect as compensation for the lousy job performance. Sadly enough, these same contractors or companies are most often rewarded with better and more lucrative construction contracts.

Now to the telecom sector; how come telephone companies are raking in millions of Dollars in profit yearly, yet they cannot develop new technology to overcome reception or network related problems in Nigeria? By the way, how come it cost more to make phone call in Nigeria than it is in Ghana or Egypt? Yet, we have better reception in South Africa, Ghana and Egypt.

Talking about Egypt! How come for the duration of the Arab Spring protest as the world witnessed in Downtown Cairo, there was never a night of blackout? Yet, we are economically richer and more powerful than Egypt.

Today, it is about petroleum products and the price of crude at the international market, and we have no control over their availability. What is wrong with our refineries? Is it too much for the President to declare a state of emergency in the sector and summon the Nigerian Society of Engineers with an open cheque and a mandate to find permanent solution to all the problems associated with refined petroleum products at home?

And talking about gas pipeline and power (electricity) distribution: which is safer and less costly to transport or distribute? The answer, without any doubt, is electricity. In that case, power plants should be constructed along the coast of the Niger Delta. We know that that was not what the Obasanjo administration did. The advantages of building power plant closer to sources of gas is self-explanatory. I do not want to dwell on that here. Suffice it to say that funds wasted on monitoring of gas pipelines should have been put to a better use in other sectors.

By the way, why do we have Customs Officers manning road-blocks on interstates highways, while our border posts are left unmanned? Is Nigeria too big to govern? Get these guys out of our highways.

And why must Police Officers continue to solicit for money with righteous intent and a sense of entitlement from helpless Nigerians on our streets and highways, when the Force Headquarter doesn't know what to do or how to profitably invest the colossal Pension Funds ceaselessly pilfered, squandered and embezzled by those trusted to manage it?  

And if I may ask, what does it take for a Minister of Education to make the declaration that under his or her watch a regular Academic Year must run from the first week of September to the last week of May of the following year in accordance with acceptable global standard. In that case a purposeful fundamental framework for strike free regime must be developed to ensure that ASUU and Non-Academic Staff Union are comfortably catered to.

And on the issue of the Judiciary, I cannot understand why in this 21st Century judges in our courts still take notes in longhand, yet we never stop to complain about justice delay and justice deny? 

So, it is not about slogan. It is about concrete steps towards ensuring change.

Today, we are worried; worried, because the price of crude oil per barrel at the international market is abysmally below projected benchmark. The question then is why are we in this state, when a Nigerian, in the person of late Chief Obafemi Awolowo, as the Finance Minister of this great country, successfully managed the nation's financial resources throughout the civil war, without borrowing a dime? Was Papa Awo not a Nigerian? Yes he was. What exactly did he do? And how did he execute such a spectacular feat? Those are questions that President Buhari and his Chief of Staff should take the pain to ponder over and seek credible answers.

In similar vein, how was it possible for Action Group to build such first class infrastructural facilities, free health care and free education at all levels, without the oil money in the old Western region of Nigeria? Did they invite heavenly bodies to assist them? They never did. Nigerians did. And we can do better, if President Buhari is willing to reinvent himself and reinvent Nigeria in the process. That was what President Obama did. And that was what Papa Awo and his followers did.  

Wednesday, October 28, 2015

KWANKWASO and The Sins of Illiteracy: Balancing Cattle Rustling with Malicious Destruction of Farmlands by Fulani Herders - The Way Forward!

"I want people to go round Nigeria to know that everybody has got land. It is good for people to go round, at least, this country or beyond to realise that Nigerians are Nigerians; everybody comes from somewhere. But it is good for us to go round to see other places, to understand them, interact with them so that we can have a very peaceful Nigeria. This is what we are working for. So, when you see those people making the threats in the South-West, advise them to shut up” - Sunday Newspaper (online edition) of October 26, 2015 by Mr. Kwankwaso, the former Governor of Kano State, reacting to the communique issued by the Elders of  the Yorubaland at a meeting held on October 08, 2015 at Ibadan, sequel to the abduction of Chief Olu falae and related atrocities by Fulani Herdsmen in the South-West region of Nigeria. Emphasis mine. 

A Synopsis:

The lackadaisical instinct of the overwhelming majority of the cattle owners in Nigeria over the indiscriminate destruction of lives, cash crops, and farmlands in the Middle-Belt, Southwest and Southeastern regions of Nigeria by Fulani Herdsmen assumed a dismal absurdity of late. And the stakeholders and those with vested interests in the industry are not complaining. They have every reason not to. It is about strength - they have it, they love it and they cherish it.

The first rule of thumb in a combat is to situate yourself at a competitive edge and operate from a position of strength. And that's what Fulani Herdsmen and their principal owners enjoy the most. Strength. Going by their modus operandi, the law of Trespass and Trespass to land are alien to them. Cultivated or not, the land belongs to no one, but the fittest. Therefore, the herders have unqualified right to graze where and how they please. And the stakeholders are happy. Yes, happy at the peril of defenceless land and farm owners. However, with Cattle rustling, it is a different standard. The trespassers, the culprits deserve the ultimate punishment.

Cattle rustling is not new. It is as old as the profession of Agriculture and animal husbandry. Historically, it was a disturbing phenomenon in North America and Australia in the olden days. Today, it is making a dramatic comeback in some parts of the Northern region of Nigeria, with brazen bravado. Surprisingly and contrary to known antecedents, the stakeholders are on the alert, worried. And the Governors in the affected states are experiencing sleepless nights. They are worried. Everybody is worriedAnd the NTA is in town, worried, and covering the story with unparalleled vigour.

A few days ago, some of the Governors held a meeting in Kaduna to find solutions to the dreadful criminality ravaging the cattle population in the region. According to Vanguard of October 26, 2015, Alhaji Aminu Masari, the Governor of Katsina State, who chaired the meeting, said: “As you know, we have a joint agreement to fight cattle rustling and some acts of criminality in our states. So far, the result has been very encouraging and we want to renew the cooperation because this phase will end on the October 26, 2015." 

I bear no grudge against the Governors involved in the talk. And I have no reason to. Nevertheless, I find the wilful blindness on the part of the stakeholders that encapsulates the highly documented atrocities of Fulani Herdsmen in the rural communities of the Southeast and Southwest very provocative. More disturbing is the fact that none of these Governors who, without any doubt, have a good understanding of the principal employers of the erant herders, thought it worthwhile to organize and develop sustainable mechanisms aimed at diluting, and possibly, permanently eliminating the known hazards posed by Fulani Herdsmen outside of their immediate enclaves.

What is good for the goose is good for the gander. It is about investment interest and how to protect it. Much as the affected Governors and the stakeholders in the cattle business depend on the proceeds of their cattle for sustainability, so do owners of farmlands in Nigeria who have been contending helplessly with the atrocities of Cattle herders depend on their cash crops as sources of income and sustainability.

So, telling the Yoruba elders to shut up for grieving out loud as Mr. Kwankwaso was reported saying at Ibadan is not just crude, but patently asinine. And excusing the documented mayhem of the herders and blaming them on illiteracy as Mr. Kwankwaso argued is to say the least, ludicrous, and too rickety a defense. If cattle rustling is a crime that must be eliminated by whatever means necessary; invariably, the culture of forceful entry into the farmland of another and turning the cash crops therein into pasture by cattle herders must also be labelled a crime against humanity that must come to an end. 

Exacerbating a sordid state of lawlessness by words or actions is not a show of strength. Mr. Kwankwaso is a wrong messenger for the Cattle merchants of Nigeria. If his visit to the Great Oyo Empire is meant to intimidate and instill fear on the people, he is living in the past. His sense of braggadocio is on a slippery slope. The logic that influenced that supreme poise or the premise on which it is built has not been tested. No part of Nigeria is a conquered territory. We fought the civil war because we want to keep Nigeria one. It was a unification struggle, not one of conquest. Oba Ovonramwen of Benin gave the British invaders a bloody nose - a one of a kind resistance in the history of slave trade.

I am not holding brief for anyone, not for any tribe, and not for any region. I am an Esan man. And I am a concerned Nigerian. Thanks to the Internet and the Social Media, what becomes of Nigeria of today, tomorrow and years ahead is no longer an exclusive decision of those at the Federal Capital Territory as it was of Lagos/Kaduna in the forties, fifties and sixties. If it is not reasonable, equitable and mutually beneficial, trust that it will not sell. It will fail. That is the new attitude. Therefore, Abuja must take note. And Kwankwaso must take note.

A Disturbing Reality:

Just few days ago the man most bloggers love to hate, the self-acclaimed Mr. Irrepressible, Chief Femi Fani Kayode, stated "... if the government refuses to protect us from them, we shall take strong measures to protect and defend ourselves and our people. There is no crime in self-defense" -Vanguard, October 27, 2015.

You don’t have to like Chief Fani Kayode or be one of his fans to share his concerns. Cattle Herders, or precisely, Fulani Herdsmen, have been around us over the years, protected and undisturbed as they traverse far and beyond the Plateau and the far South for pasture. But the wanton nature and the level of lawlessness that their grazing activities assumed in the past few months left no one in doubt as to the nature of the conquering spirit that inheres in them by the new dispensation. And I am compelled to call into question the scope of the immunity that they so brazenly celebrate and abuse.

For the first time, I am feeling despondent about my country and the future ahead. I would like to give the President the benefit of the doubt that he is in control. But suffice it to say at this juncture that he is completely detached from some disturbing realities on the ground.

Fulani Herdsmen are on the loose - killing, maiming, raping, kidnapping and ravaging farmlands and destroying cash crops down the Middle-Belt and the larger Southern region of Nigeria, with intent to kill and inflict serious bodily harms on anyone daring to stop them. And the President has not seen the need to rise up to the occasion and plead for calm.

Indeed, the President is making waves, garnering goodwill at the international scene, while things are no longer at ease at the home front, contrary to much anticipated expectations. I wholeheartedly espouse the philosophy of delegated authority. The President cannot be at all places at the same time. Be that as it may, there are some sensitive domestic issues, with global implications that the President must approach with concerted effort.  If you build it well, buyers will come. The number one drawing factor for foreign investments is peace at home. Nigerians are yearning for a leader, a father figure. 

Few days ago, some women from four local government councils in Enugu State, protested to their State Governor to protect them from Fulani Herdsmen. These women deserve praises for not resorting to self-help or self defense. How long that show of restraint will last is a guess work. And that is the immunity that the Herders presently enjoy - the restraint and tolerance on the part of their victims.

Few weeks earlier an elder statesman, the very personable Olu Falae, was abducted at his farm, only to be released about four days later after his family members parted with a huge sum of money. On his release he was warned not to talk, or else he should expect another visit. He did talk. And, as promised, they came back few days later, wreaking undaunted, more havoc on his farm and crops.

It is not enough for the President to make a demand on the IGP to find and rescue Chief Olu Falae, according to a press release; he must be seen to be in charge - talking to the Nigerian people - while the field workers are on the ground taking care of business. 

Given the protest from well-placed individuals and organizations in the affected communities, one would have thought that the Presidency, using non-regular channel, would mandate a respected traditional ruler or an elder statesman as emissary to the State Governors and Traditional Chiefs in the affected localities and plead for calm. That’s what leadership is about. 

What we saw was an exuberant and incoherent Mr. Kwankwaso, inventing some pedantic explanations for the mental state of the herdsmen, blaming lack of education as the reason for their malicious adventure. I think Governor Kwankwaso should go and reread the defense of madness or malice. You cannot excuse an act, when the perpetrator knows or has every reason to know that what he is doing is wrong or contrary to law. It is about common sense. Take the law out of it. The standard is do to others as you would expect others to do unto to you. You cannot be so illiterate to the extent that you lack the mental state or ordinary faculty to distinguish farmlands from uncultivated grassland.

Let's get one fact straight; there is peace in the land today, because the victims are not ready to take the law into their own hands, referred to as self-help. And a time will come when self-help or retaliatory measures will become virtuous - acceptable and applauded. And that is not a development that the President wants to experiment with. This is the time for government to intervene. That is the thesis of this essay - looking inward, what ails us, why do they cry, and the way forward. And that is the reason I am writing this essay.

Indeed, The Communique Was Not Stupid:

At this juncture, I would like to reproduce some excerpts from the communique issued by by the elders of the Yorubaland at a summit titled, "National Insecurity and the Menace of Fulani Herdsmen in Yorubaland", held at Ibadan on October 08, 2015.

"They have violated and killed our women like Mrs. Ayesi Balogun, who was raped and killed by Fulani herdsmen on February 7, in Asa in Yewa North Local Government of Ogun State. A newly-wed lady was reported to have been raped by the same Fulani herdsmen in the same community.” “Regrettably, the Nigerian law enforcement system has woefully showed it cannot protect our people given the plethora of reports that different communities have made to them with little or no action at all.” “Therefore, given the gravity of the situation and the apparent unwillingness  of the Nigerian state to put an end to this siege and also because we cannot afford to leave our people at the mercy of violent herdsmen who not only destroy their economic activities but also rape our women and kill innocent people.” "Summit demands immediate end to the lawless nomadic cattle grazing in Yorubaland and ask all those who want to engage in cattle business in any part of our land to do animal husbandry by establishing ranches.” -  Some excerpts from the Communique on at the auspices of Yoruba Elders on October 08, 2015. Emphasis mine.

I do not subscribe to the call for disintegration of Nigeria. Nevertheless, as an individual or group, you have every right to defend yourself, your family and your property by appropriate measures consistent with applicable laws in the face of clear and present danger or when you feel violated by an intruder whose definition of preemptive rights is akin to a page from a mob scene and where the enforcer of peace is overpowered by the ghost of the intruder. Yes, let there be peace, but there can never be peace where the aggressor misunderstood his victim's peaceful disposition for weakness.

The most disturbing outcome about the coverage of the Elders' meeting was  that the most import clause in the communique - the call for the establishment of ranches by Herdsmen, was never covered by the press. According to a paragraph in the communique as seen earlier: "Summit demands immediate end to the lawless nomadic cattle grazing in Yorubaland and ask all those who want to engage in cattle business in any part of our land to do animal husbandry by establishing ranches." Emphasis mine. I think the Yoruba Elders deserve praises here. Take it or leave, this is what the grazing industry in Nigeria will come.

In similar vein, the Enugu State House of Assembly, according the Saturday Vanguard of October 03, 2015, "began a public hearing on a bill to make provisions for the control of nomadic cattle rearing in the state." Accordingly, "the bill provides for the establishment of grazing areas in each of the three Senatorial zones of Enugu State and the nomadic cattle rearers shall ensure that the cattle are confined within the grazing areas as provided." Excellent.

These are measures that, if adopted and complied with, will go a long way in checkmating the lawlessness of the Fulani Herdsmen. From what we have seen above, the Elders of the Yorubaland and the Enugu State House of Assembly did not demand total cessation of grazing activities in their respective regions, but that those willing to remain should embrace the culture of ranches, which is the vogue in most developed countries of the world. Eventually, we will have to come to that realization in Nigeria to ensure sustainable peace. The earlier the government of President Buhari and all the vested interests and stakeholders in the cattle business come to that conclusion that indeed, acquiring grazing land is a better alternative the safer for everyone.

Farming is no excuse for illiteracy, just as illiteracy is not a justification for lawlessness:

According to the Today Newspaper (Online edition) of October 26, 2015, on the solution to the incessant crises between local farmers and Fulani herdsmen, Kwankwaso, called for their education. In his words:  “I am Fulani. My parents settled many years ago. My father went to school and I have been to school. My children have gone to school. Now, I don’t think I will get cattle and go into a forest; that is education for you.” Today October 26, 2015.

Farming is no excuse for illiteracy, just as illiteracy is not a justification for lawlessness. I do not know the world that Mr. Kwankwaso is coming from. As a kid and as a teenager, I went to farm just like the other children in my community. And most often, especially on weekends, we spend the night in the farm and come back home the following day. It was a culture - a way of life. And we were rich and comfortable. And I was brought up living an above middle class lifestyle.

You cannot deny these kids basic education, confined them to rudimentary heritage and turn around to blame their intolerance and barbaric proclivities on lack of education. The intolerance of others and the barbaric exploits they are accustomed to are ways of expressing strength based on the indoctrination they acquired from the like of Kwankwaso and their faceless employers.

August 2010, I drove from New York City to Denver, Colorado (about three days ride), and the moment I drove by Kansas City, what I saw next on both sides of the I-70 West Freeway for the next twelve hours of driving was nothing but farm, farm, and farm, with cattle and cows feeding unhinged, unmolested on the lustrous field. Why can’t we replicate something of that nature in Nigeria? And that was part of the communique issued by the Yoruba Elders, which was under-reported.

And while at the University of Denver, I came across students introducing themselves in the classrooms as farmers or living in the farm. These are lawyers, Masters level students like me, pursuing specializations in Natural Resources and Environmental Law and Policy, telling me with pride and joy that they live in the farm with their parents and siblings. No matter the level of the education they have acquired, whether in and around the mountain region of Colorado or Wyoming, they always come back home to their farmlands.  It is a way of life – a profession, an inheritance that must be preserved. In other words, farming does not stop you from acquiring education. It is about the government's attitude.

Every politics, as the saying goes, is local. As an Esan man, I was brought up a farmer. My Dad was a farmer - a very prosperous one - before he died. My Dad, like his colleagues in the community had two farms. One was closer to the house – about 45 minutes walking distance. The other was a bit further off – about two hours walking distance from home. The one closer to the house was called "Obhiwe" (the small farm), and that was the one we go to every day after classes at School. The upper farm (Iwe-noqhua or Ugbodu) was the real farm  - the one we go to on weekends. On the side, my Dad had a huge cocoa plantation and colanut plantation. And we were brought up well grounded in all the activities in the farm and at the plantations - harvesting cocoa and fermenting the seeds, or working in the farm clearing the weeds and tending to yam and cassava.

In addition, every child in the community must be at school. It wasn't compulsory, but it was a culture - more than compulsory. There were elementary schools all over the community. When I was in the Grammar School, I was a boarding student, but on most weekends, I would travel home to assist my Mom in the farm. Then she was a window. It is the same culture all over the present Edo State. I spent about three years at a rented apartment in Downtown, Benin City, and for the three year that I was there, there was never a Saturday that the Landlord and his children, both boys and girls, did not go to farm at Ekosodin village. Today, all of the children are University graduate and happily married. 

So, what are we talking about, that you are illiterate because you are a cattle farmer, and therefore your sins are forgiven you? And because you cannot separate what is right from what is wrong; therefore, Chief Olu Falae and defenseless farmers in the Middle-Belt and South-East should willingly sacrifice their cash crops for you to be able to nourish your animals? No sir. Mr. Kwankwaso, your excuses do not hold water. Succinctly put, you are fanning the embers of war.

If I may recall, you openly lampooned President Jonathan after the recent Presidential election, telling the world that you and your people know how to mobilize the almajiri and the uneducated talakawa to vote out the President who gave them good education. It is only in Nigeria that someone of your status in the society can utter such a sacrilege and still be standing, politically.

Governor Kwankwaso and the Cattle merchants are as guilty as the hoodlums who kidnapped Chief Olu Falae in his farm. They are as culpable as the herdsmen who raped and murdered defenseless women and girls toiling in their farms. And they are as guilty as the herdsmen who knowingly trespassed onto the farmlands of others and violently appropriated the crops the rightful owners spent time and money to cultivate.

Today, Nigeria is at peace, because the brutalities and the indiscriminate destruction of farmlands are coming from the privileged, protected Fulani Herdsmen. You, Mr. Kwankwaso, cannot tolerate such carnage and ceaseless attacks on your farmlands were the reverse to be the case. Yes, I said it. None of the faceless cattle merchants can tolerate what is happening in the Southeast, Southwest and what has been happening in the Middle-Belt for decades were they to be at the receiving end.

We know "whats-up." One Fulani Herdsman is injured or attack in the Southeast or Southwest, thousands of immigrant merchants are sure of losing their lives and belongings in the Northern region. And that is the unverbalized bargaining chip - touch my herders or my cattle ravaging your farmlands, your brothers in our towns and cities are history. It is vile. It is diabolical. And it is retarded a mind game.

Moving Forward:

It is no longer a secret - never was - that the President once traveled to Ibadan, Oyo State to intercede on behalf of  Fulani Herdsmen in that part of the country who were facing some challenges. Then, he was only a respected retired Military Officer. Today, he is a different person. He is the President of the Federal Republic of Nigeria - our President. To him, no tribe or region is more important than the other, and every industry or trade deserves as much protection as the other. It is time we provide designated grazing land for nomadic Fulani Herdsmen as the culture is in advanced climes, similar to what the Elders of the Yorubaland outlined in the communique.

I am not the enemy. Those we should call to order are the stupendously rich Kwankwaso and the vindictive Cattle merchants who send unlettered and barely literate herders with pricey herds on a voyage to the unknown - armed with dangerous weapons, traversing friendly territories with aggression, shooting at sight defenders of protected rights, ravaging private farmlands with impunity, and unleashing brutal sex and extorted kisses on unwilling defenseless participants.

I want to point out that this paper purposely left out details of specific instances of gruesome attacks unleashed on defenseless farmers in the Southeast in the past one year. At the end, I want this paper to be remembered as the final thought, the deciding thought on what has been a very polarizing issue in one of the most dominant markets in our local economy.

We have to talk about it. Not because I hate the Fulani or the Cattle merchants. But because they are the invaders, the aggressors - pushing Nigeria to the brink of economic crisis and ethnic conflagration. A crisis that will surpass in scope and style the boko haram insurgency and the activities of the Niger-Delta militants combined. Time is of the essence. The President has the goodwill to negotiate permanent peace. The best way to start is the establishment of grazing ranches.

Chief Olu Falae has a dam at his farm. And that is the attraction, according to the elder statesman. If we have two or three dams in each of the state in the federation, specifically set aside for grazing areas, it will go a long to ensuring peaceful co-existence between the host communities and the Cattle Herders.

As a final thought, the Middle-Belt cannot be vanquished of the aborigines - the land is their ancestral land. In addition, the now docile Igbo women will dance naked, if the need be, to protect their farmlands and ensure the virginity of the meek in their midst. AK47 is not the answer. The law of vicarious liability is live and well in Nigeria. You cannot separate the principal merchants from the acts or omission of their agents, the herders. I am not an ethnic chauvinist, but I will not be blinded by political correctness to deviate from the truth or close my eyes to disturbing reality. Politically, I am progressive. And I believe in one great Nigeria of equal rights and justice where my Edo State has the right and power to define the use of her land and resources, and a Nigeria where no Kwankwaso will invade my privacy or impugn the integrity of my elders.

Yes, I believe in one true strong Nigeria where my right to serve my nation is not defined or circumscribed by my place of birth or the opinion I share on my Blog. Talk, I will talk, about what ails us a nation-state, proffering practical and common sense solutions as appropriate, rather than embarking on separation or disintegration campaign. I don't want my son and his generation to start all over again, discussing 1914 and the ills of amalgamation, true federalism and the barbaric exploits of some Fulani Herdsmen occupying his Father's land.

Let's change the narrative starting from this very moment. And that depends largely on the nature of CHANGE that President Buhari is willing to pursue. Yes, I believe in one Nigeria. Let's give grazing ranches a chance. The first step is to set up a Federal Task Force for Land/Sight Acquisition. Next, the Task Force, will among other things, collaborate with State Governors, Stakeholders in the industry, Financial Institutions, and Community Leaders with a view to securing suitable grazing land for cattle merchants and their herders. I beg to move.

Alex Aidaghese
alexaidaghese@gmail.com
0708 695 1511

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