Connect with us

Opinion

Monday Lines : Nigerian judges and ASUU

Published

on

 

While standing before a judge, any judge, you are a ‘petty man’ even if you are a professor of law. I am not being rude. You shouldn’t have any problem getting my drift if you go back and read William Shakespeare’s Julius Caesar (Act I, Scene II). You meet Cassius telling nobleman Brutus how imperial Julius Caesar is bestriding “the narrow world like a Colossus;” how Brutus and himself are mere “petty men (who) walk under (Caesar’s) huge legs and peep about to find (for themselves) dishonorable graves.” Nothing demeans and devalues a ‘real’ man more than knowing how small he is; very small, cheatable and expendable. When your seed is that disadvantaged, what are you going to do? You struggle and argue with your situation or you surrender to destiny? Cassius has an idea. He tells Brutus the exact thing realists hold against fate: “Men at some time are masters of their fates…the fault…is not in our stars, but in ourselves, that we are underlings.”

There is a way in which career choices limit one’s position in life: Doctor; lawyer; teacher; judge. Judges are very privileged people whose word is law, literally. Teachers, from primary to university, are not that blessed. Even if they are professors, they are hardly seen as authority figures. What we see are colossal dwarfs made by Nigeria to walk under giants of iniquity in search of hope and justice. But why? Let us go back to the above scene in ‘Julius Caesar.’ Cassius asks Brutus to pronounce his name ‘Brutus’ and pronounce ‘Caesar’— and then asks his man what is so special about the emperor’s name that the whole world bows at its mention?: “What should be in that ‘Caesar’? Why should that name be sounded more than yours? Write them together, yours is as fair a name; Sound them, it doth become the mouth as well; Weigh them, it is as heavy; conjure with ’em, ‘Brutus’ will start a spirit as soon as ‘Caesar.'” That is an incitement to envy – even to treason. Or what else do you think it is? Now, let me ask: what is it that is in ‘teacher’ which makes its pronunciation rancid, stale and tasteless?

The last time Nigerian judges had their salaries reviewed was more than a century ago. Their workplace and their personal situation compete with the most appalling in hell. Nigerian public university lecturers and their workplace suffer same fate too, and, because of this, they speak a lot of grammar and have been on strike since February this year. But judges would not go on strike; they cannot. That is what their calling demands of them. They must never be seen saying or doing what ASUU says and does every year. If they ever dream of stopping work, the world will, that day, come to a crashing end. But, because several footpaths lead to the marketplace, impoverished Nigerian judges apparently listened to inciting voices like Cassius’s and possessed their fate. They did self-help – or rather, were helped to prop up their collective destiny by someone who was not even in their confraternity. A senior lawyer went to court – took judges’ predicament to a judge to redress – and it was done. What else is the dictionary definition of self-help? Three months ago (July 2022), Justice Osatohanmwen Obaseki-Osaghae of the National Industrial Court (NIC), Abuja, in a case brought by a lawyer, held that salaries and allowances of judicial officers in the country were embarrassingly low. She, therefore, ordered a new salary structure for the Nigerian judiciary. She commanded the federal government to commence a monthly payment of N10 million salary to the Chief Justice of Nigeria (CJN); N9 million to other justices of the Supreme Court. She ordered that the president of the Court of Appeal should be paid N9 million per month. Every month, N8 million should be the salary of Court of Appeal justices; same for Chief Judges of both federal and state High Courts, President of the National Industrial Court, Grand Khadis and President of Customary Courts, and N7 million to judges of federal and state High Courts.

ALSO READ  Oseni Proffers Solutions to Nigeria's Youth Challenges

In making that order, Justice Obaseki-Osaghae noted that salaries of judges and justices had been stagnated for over 14 years. Her words are particularly sweet to hear: “There is no doubt that from evidence adduced before this court, salaries payable to judges as well as their conditions of service, have been greatly altered to their disadvantage…Judicial officers are daily impoverished by the devaluation of the naira. They have suffered financial hardship and embarrassment owing to their poor pay. It is a shame to the country. In spite of this, our judges have continued to carry out their statutory duties. Justices are themselves victims of a great injustice. What an irony,” she quipped. I understand that the decision has been appealed against and it is before My Lords at the Court of Appeal. It will be so nice to hear what the justices will say in this case which is about their own welfare.

I do not understand why our lecturers have not gone to the same industrial court to benefit from the judges’ self-help. Go there; show the court that the facts are similar; ask the judge to follow their own precedent and give your life a breather too. Would the court say no and thus confirm Nigeria as an iniquitous farm where some animals are more equal than the others? Judges are lions who rule with principles and doctrines. And there are very many of these credos of justice. They talk about precedent; stare decisis; apply the law in the same manner when cases are on all fours with each other; attend to cases with similar facts similarly; hit the gavel with the same force when dealing with similar legal issues. University teachers know so much and teach so much. They teach law; they teach logic; they teach economics and psychology and everything a man needs to escape the snares of the fowler. But our knowledgeable university lecturers hardly benefit from their knowledge. If there was an agreement with the government and the government breached that agreement, where else should the cheated go to demand performance of the duties imposed by what they signed? The court is the place to go, not the renegotiation table, ASUU’s favourite solution room. Let the court pronounce the government as the wrong party which must make restitution or be damned. But no. Whenever heaven offers our teachers a rose, they always insist on their ancestral cabbage of undying old habits. They still have not seen the wisdom in grabbing the divine lifeline which the judges’ salary case provides. If I were ASUU, I would ask the goose of the judiciary to do for my gander what it has done for itself. But the court is not a Father Christmas; it gives only to him who demands.

ALSO READ  I’m impressed with Osinbajo, governors – Buhari

What do you call a person who does not keep his word? Someone asked that question and he got quite interesting answers. One responder said ‘reneger’; another said ‘traitor’; one bad person said ‘politician.’ Nigerian lecturers may be stuck in the last century; their nemesis are very up-to-date and that is because those ones live by breaking covenants. And you must not tell the unfaithful that they are dishonest; the way to get them is by setting the law to get them. That is the wisdom embraced by the judges through a lawyer. That wisdom has eluded the ivory tower.

It is an irony that the deer of the pact-breaking Nigerian government now pursues the hunter of ASUU. Two months after issuing the order for new pay packages for judges, the same National Industrial Court (not the same judge) on 21 September, 2022 ordered “impoverished” striking university teachers to go back to work empty-handed “in the interest of the nation.” Justice Polycarp Hamman made the order while delivering a ruling in an interlocutory injunction motion brought by the Federal Government. The order, according to the judge, was made in line with the provisions of Section 18 of the Trade Dispute Act which empowers the court to make such order in the interest of the nation. Justice Hamman, in ordering the lecturers back to the classroom, held that students had a fundamental right to education which needed to be protected from ASUU’s interminable no-work action. Do not blame the court; it acted on what was brought before it. Where was ASUU before the devil took the initiative of approaching the court first? Dissatisfied ASUU sought a leave of the Court of Appeal to appeal that ruling. It also filed an application for a stay of execution of the trial court’s ruling and then withdrew the application last Friday. The Appeal Court’s response to the applications was a grant of the leave sternly conditioned with an order that the union should, with effect from that moment, obey the order of the Industrial Court by going back to work. ASUU has not obeyed that order of the Court of Appeal. And the order is final.

The Nigerian government and its operatives are lustrous gods of vengeance. They may be lost in the maze of ineptitude but they competently protect their space with uncommon rage and passion. They may have no answer to questions from their victims but they know how to dip ASUU’s stubborn ass in hot water. Almost simultaneous with the legal challenge, two rival unions have been registered to contest the universities with ASUU. But the questions won’t go away: When is this long night of strikes ending? The tragedy that has robbed our children of one whole year of their lives, where is the plot taking us? How many acts are we destined to witness in this ASUU-Government tragedy? The plot lengthens daily with unconventional acts. A perfect Aristotelian tragedy has a character who moves from prosperity to perdition; from grace to grass – there is no road to redemption. Aristotle wrote about desis and lysis (binding and unbinding; complication and denouement) as the acts of a play. Some other critics think the act of drama should have more than just a problem and a resolution. The Nigerian tragedy has catastrophe as the final act of its drama.

ALSO READ  Eight injured in Oshodi building collapse

A friend reminded me that the strike won’t resolve the issues in the sector even if it lasts till the end of the world. He was insistent that the education sector was not different from all other sectors in Nigeria. I agree. Nigeria is too damaged to be remodeled or repaired by forces locked up in isolated silos. Because we were born as free as their Caesar, we can and should tackle the winter induced by the Nigerian Caesar. We are asking existential questions of Nigeria. ASUU has worked hard, fought and won many battles since its birth. It should now leave its compartment and join in asking those global questions we ask about Nigeria and its future. Medical and environmental historians tell us of the human ancestors who moved north from the warm African heartland almost 24,000 years ago. The ancestors left their zone of comfort and ran into the killing chill of the ice age; they had their existence threatened. Then they used their brain, adapted and “devised rudimentary clothing”, fought off the big freeze and consequently lived to preserve their branch of creation. Nigeria’s current reality is the political version of the ice age. Its inclement sheet kills and it will kill. It will take big brains and a lot of adaptation and maneuvering to survive it.

However this season ends, the trial of ASUU teaches a lesson: The baby sired by the world is what the world carries (omo tí ayé bí ni ayé n pòn). That is an ancestral counsel on pragmatism. Achebe’s “Eneke the bird says that since men have learnt to shoot without missing, he has learnt to fly without perching.” If Eneke had taken his survival lessons from ASUU and had predictably sat on same branch from morning to morning, he would have been long dead.

 

Celebrated columnist, Dr Lasisi Olagunju writes from Ibadan

Comments

Opinion

OYO101: ADELABU— When will this generational ‘UP NEPA’ chant stop?| By Muftau Gbadegesin

Published

on

The Minister of Power, Oloye Bayo Adelabu, has apologized for lashing out at Nigerians over poor energy management.

I hope Nigerians, especially our people from Oyo state, forgive and overlook his Freudian slip. Given that apology, I believe the minister has realized his mistakes and will subsequently act accordingly. In days that followed the minister’s vituperation, many otherwise cool-headed and easy-going observers quickly joined the band of critics and cynics. By the way, what BAND do you think those critics belonged to?

Plus, how best do you describe kicking someone who is down already? The flurry of condemnation that followed Oloye Adelabu’s ‘AC-Freezer’ sermon must have surprised and shocked him. Instead of sticking to his prepared speech, he decided to dash off by telling Nigerians some home truth. Quite amusingly, the truth, it turns out, is not the truth Nigerians want to hear. And as they say, ‘There is your truth, my truth, and the Truth.’ The fact is that Nigerians are angry at many things, the sudden hike in electricity tariff being one.

Perhaps the Minister’s press conference, an avenue to calm fraying nerves and address critical issues, quickly congealed into an arena for an intellectual dogfight – if you watch the video, you will hear the murmur that rented the air the moment that terse statement was uttered. While some influencers tried to downplay the minister’s jibe, they were instead flogged in their whitewashing game. Frankly, I am not interested in the minister and the energy management brouhaha. What I am indeed interested in is what the ministry and minister are doing to restore light in a country where darkness has permeated much of its landscape – don’t mind the confusion the minister and the ministry have created to disrupt the conversation around that vital sector of the economy.

ALSO READ  The Curse On Our Votes

‘Up NEPA’, Lol

Trust Nigerians. When the defunct National Electric Power Authority failed to end the perennial and persistent darkness in the country, it was ironically dubbed ‘Never Expect Power Always.’ And when the company morphed into PHCN, Nigerians berated the name change, saying the company would hold more power than it would release. True to that assumption, PHCN indeed held more power than it gave to the people.

Then, in 2013, Nigerians woke up to the news of DISCOs, GENCOS, GASCOs, and so on. DISCOs for distribution companies, GENCOs for generating companies, and Gascos for gas suppliers. Of all these critical value chains, only DISCOs were handed down to private enterprises. Think of IBEDC, AEDC, IEDC, BEDC, etc. Unfortunately, the privatization of the distribution chain hasn’t transformed the sector’s fortune for good. More interested in the money but less motivated to do the dirty work of revamping the infrastructure.

Like a typical Nigerian in a ‘band E’ environment, I grew up chanting the ‘Up NEPA’ mantra whenever power is restored at home – and I am not alone in this mass choir. As a rural boy, the ‘Up NEPA’ chant is etched into our skulls from time immemorial. Sometimes, you can’t even tell when you start to join the chorus; you only know that you say it automatically and auto-magisterially. Many years down the lane, the persistent power cuts, blackouts, and grid collapses have worsened. And under Minister Adelabu, power supply, based on my little experience, has never reached this depressing point in history.

As a content creator, I can tell you Oloye Adelabu may likely go down in history as the most inconsequential minister of power unless something drastic is done to restore people’s confidence and bring about a steady, stable, frequent, and regular power supply. You may have seen on social media how most Nigerians who migrated abroad often find it difficult to shed that ‘Up NEPA’ chant from themselves once a power cut is fixed in those countries. Like the rest of their countrymen, they have internalized that mantra. Only after they’ve acclimatized to their new environment would they become healed of that verbal virus ultimately.

ALSO READ  2023 : Don’t polarise Oyo APC, Oke cautions Akala

‘Adelabu, end this chant’

This is a challenge. In my column welcoming Oloye Adelabu into the critical ministry of power, I asked a rhetorical question: Can Adelabu end the penkelemesi in the power sector? In Nigeria, is there any other economic sector troubled by multidimensional and multifaceted peculiar messes than the power sector? Adelabu’s grandfather, Adegoke Adelabu, was nicknamed Penkelemesi. History has it that the colonial masters, tired of that Ibadan politician, decided to describe him in the punchiest way possible: a peculiar mess. Quickly, a peculiar mess spread across like wildfire: the white men have described Adegoke as a peculiar mess. Translated to Yoruba, we have Penkelemesi. In retrospect, the minister must have realized the situation he met on the ground is better than what is obtainable now. He needs to own up, chin up, and take full responsibility for this total blackout.

‘Minister Fashola’

Babatunde Fashola, SAN is a clever man. For four years as minister of power, he avoided cutting controversy. But long before he was appointed, he had stirred quite an expectation around fixing the rot in the sector. He had jokingly said his party, the APC, would resolve the crisis of perennial blackout in one fell swoop. He categorically gave a timeline of when Nigerians in the cities and villages will start to enjoy regular power supply: six months. After four years of setbacks, Minister Fashola was forced to eat his vomit: the power crisis in Nigeria is deep-seated and chaotic. Oloye Adelabu has made more enemies than friends in less than a year. The minister may survey his performance among Nigerians to test this hypothesis. The truth is the truth. The mismatch between the minister’s area of competence and his assigned portfolio hasn’t helped matters as well. And this is a cavity many of his critics and traducers are banking on.

ALSO READ  Oyo LG Tussle: APC Calls For Buhari, NASS Intervention, Accuses Makinde Of Impunity

For the first time in decades, Adelabu stands on the threshold of history: will he end this generational ‘UP NEPA’ chant once and for all? Time will tell.

OYO101 is Muftau Gbadegesin’s opinion about issues affecting the Oyo state. He can be reached via @muftaugbade on X, muftaugbadegesin@gmail.com, and 09065176850.

Continue Reading

Opinion

Yahaya Bello: Do we need to prosecute ex-govs?

Published

on

I followed the drama of unimaginable scenes that unfolded in Abuja last week, as the Economic and Financial Crimes Commission(EFCC) moved to arrest and arraign the immediate past governor of Kogi State, Alhaji Yahaya Bello, in respect of alleged mismanagement of funds. I called it a drama of unimaginable scenes because the EFCC had laid siege to the house since very early in the day, knowing that its target, the “White Lion of Kogi State” was holed up somewhere in the compound.

But before the very eyes of the EFCC operatives, the man they had waited all day to catch, just slipped off their hands effortlessly. They claimed that he was rescued by his cousin, the incumbent governor of the state, Usman Ododo, who is protected by constitutional immunity. But EFCC lawyers would claim that Section 12 of the Administration of Criminal Justice Act (ACJA) empowers the body to break into houses to effect arrest.

Maybe that’s a story for another day. But it was surprising they didn’t think of that option. Bello was said to have stayed put in the Government House Lokoja since indication emerged that the EFCC was on his trail. So the easiest thing for the Kogi governor to do was to drive into the troubled house and then fish out a troubled cousin.

The Yahaya Bello saga is just the latest drama between the EFCC and former governors. Some time ago, we witnessed the Ayo Fayose drama. The former Ekiti State governor, whom EFCC was unable to arrest while in office put up some drama when he arrived at EFCC’s office wearing a branded ‘T’ shirt with the inscription: “EFCC I’m here.” Some of his loyalists helped him with things he needed to use in the EFCC detention.

Aside from that, we have also witnessed the Willie Obiano saga. The former governor of Anambra State was accused of misappropriating the state’s funds and has since been taken to court. Immediately after handing over the reins of power in Awka, the man had planned to jet out of the country but had to be stopped as EFCC operatives grabbed him at that exit point. We were also witnesses to the back and forth between the former Governor Abdulaziz Yari of Zamfara State and the EFCC. The commission had accused Yari of mismanaging billions of Naira and moved to arraign him.

ALSO READ  Oyo APC to Makinde: Let your actions be guided by the constitution 

There were accusations and counter-accusations until Yari landed in the Senate, and things became quiet. The drama between the ex-Imo State governor, Rochas Okorocha, was interesting while it lasted. The commission had laid siege to the residence and eventually entered through the roof. We saw a terrified Okorocha and his household, praying fervently for God’s intervention as operatives jumped in to grab their suspect.

The list I have above is by no means exhaustive of the dramatic exchanges between the EFCC and some former governors accused of one financial misdeed or the other in recent years. One thing is, however, common to all the cases, after the the initial bubbles, the whole thing dies down as the retreating waves. Next to nothing is heard of the cases as the neck-breaking snail-speed of the nation’s judicial system takes over. Year after year, it is about one injunction or the other. Many of the accused had gone ahead to seek elective posts and won, many others have taken appointments and the law cannot stop them from utilising the benefits of the allegedly looted resources to gain an advantage since our laws presume individuals innocent until proven guilty.

The books of the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPCC) are full of such individuals who have allegations of hundreds of billions of Naira hanging on their necks. Many of them are busy swinging the official chairs in government offices as we speak. God forbid, one of such should, gain control of the nation’s presidency one day!

ALSO READ  I’m impressed with Osinbajo, governors – Buhari

Well, to forestall such a scary development, I think we need an antidote to these endless anti-corruption trials. The endless trial is not just a drain on the energy of the lady justice. It drills a gaping hole in the state’s resources as well. Imagine the legal charges the state incurs in taking several cases through the layers of courts. It is also possible some of the accused, who are innocent of the accusation could die in the process of trials and thus carry an unnecessary burden of guilt (at least in the eyes of the public) into their graves. The late governor of Oyo State, Otunba Adebayo Alao-Akala was able to win his case against the EFCC after 13 years, he died not long after the ‘not guilty’ verdict was pronounced. Former President of the Senate, Adolphus Wabara was also on the bribe-for-budget case preferred against him for more than ten years. Luckily, he was alive to receive his ‘not guilty’ verdict as well. Some may not be that lucky.

To stem this tide of seemingly endless trials of politically exposed persons, I want to suggest amendments to the EFCC and ICPC Acts to lay much premium on thorough and discreet probes of financial crimes rather than dump the results of the investigations in the court, the suspects should be called in and shown the traces of the illegally taken funds and their destinations. If the suspect is ready to refund at least two-thirds of the stolen funds to the coffers of the government, the agency involved, under the supervision of a competent court, could sign an irrevocable non-disclosure agreement and collect the funds into a special basket created for that purpose and which will be used for infrastructural development.

ALSO READ  Oyo APC Reps candidate, Oseni vows to end years of ineptitude in governance, unveils campaign council

Such an agreement should also take care of any possible penchant for grandstanding by any politician who could mount the podium one day and claim never to have been indicted of financial crimes. As much as the government would not waste time and resources prosecuting him or her, he should also be barred from active politics and playing godfather roles. If we do this, we will not only save time and resources, but we will get back a sizeable amount of the looted funds into government coffers for developmental purposes.

By Taiwo Adisa

This piece was first Published By Sunday Tribune, April 21, 2024.

Continue Reading

Opinion

Tinubu’s Naira Miracle: Abracadabra or Economic Wizardry? | By Adeniyi Olowofela

Published

on

By

Prior to assuming the presidency of Nigeria, Asiwaju Bola Ahmed Tinubu garnered the confidence of the majority of Nigerians with the promise of rescuing the country’s economy from the impending disaster it faced.

For the past 43 years, the Naira has been steadily depreciating against the Dollar, as illustrated in Figure One.

The graphs below unequivocally depict the exponential rise of the Naira against the Dollar from 1979 to 2022. This sustained upward trend would have theoretically resulted in the Naira reaching 2,500 Naira to one Dollar by now.

 

 

This situation led some individuals to hoard dollars in anticipation of profiting from further devaluation of the Naira.

However, under President Bola Tinubu’s leadership, the Nigerian federal government successfully halted the expected decline of the Naira.

The Naira has appreciated to 1,200 Naira to a Dollar (Figure 2), contrary to the projected 2,500 Naira to one Dollar, based on the exponential pattern observed in Figure One.

This achievement demonstrates unprecedented economic prowess. If this trajectory continues, the Naira may appreciate to 500 Naira against 1 Dollar before the conclusion of President Bola Tinubu’s first term in 2027.

While the purchasing power of the average Nigerian remains relatively low, there is a palpable sense of hope on the rise.

ALSO READ  Oyo APC to Makinde: Let your actions be guided by the constitution 

It is hoped that the Economic Team advising the President will continue their efforts to stabilize the economy and prevent its collapse until Nigeria achieves economic prosperity.

The government’s ability to reverse the Naira’s free fall within a year can be likened to a remarkable feat, reminiscent of a lizard falling from the top of an Iroko tree unscathed, then nodding its head in self-applause.

Mr. President, we applaud your efforts.

 

Prof. Adeniyi Olowofela, the Commissioner representing Oyo State at the Federal Character Commission (FCC), writes from Abuja.

Continue Reading
Advertisement

Tweets by ‎@megaiconmagg

Subscribe to our Newsletter

* indicates required

MegaIcon Magazine Facebook Page

Advertisement

MEGAICON TV

Trending