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Vanguard Newspaper 14 April 2019

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Viewpo<strong>in</strong>t<br />

By Wilberforce Ikoro<br />

VIEWPOINT IN BRIEF<br />

A develop<strong>in</strong>g pattern<br />

THE first time I met him was <strong>in</strong><br />

2000 dur<strong>in</strong>g the auction<strong>in</strong>g of<br />

the Digital Mobile Licenses (DML) by<br />

the Nigerian Communications<br />

Commission (NCC) then led by Dr.<br />

Ernest Ndukwe. You could not miss<br />

him <strong>in</strong> the crowd of<br />

telecommunications <strong>in</strong>dustry players<br />

and lawyers, who were mill<strong>in</strong>g<br />

around the Hilton Hotel, venue of the<br />

auction with his trademark bow ties. I<br />

watched him closely as he <strong>in</strong>teracted<br />

with journalists and demonstrated<br />

remarkable knowledge of the process.<br />

I later learnt that Usoro, a very senior<br />

lawyer and member of the <strong>in</strong>ner bara<br />

Senior Advocate of Nigeria (SAN),<br />

the local equivalent of a QC, drafted<br />

the Nigerian Communications Act<br />

2003, a robust and endur<strong>in</strong>g piece of<br />

legislation that regulates the<br />

Communications <strong>in</strong>dustry till date.<br />

He also drafted the Nigerian<br />

Communications (Enforcement<br />

Process etc) Regulations, 2005 as well<br />

as the Mobile Number Portability<br />

Regulations 2014 among several<br />

other major contributions to the<br />

Nigerian telecommunications<br />

<strong>in</strong>dustry.<br />

Aside the telecommunications<br />

<strong>in</strong>dustry, Mr. Usoro and his firm, Paul<br />

Usoro & Co also made considerable<br />

contributions to the reform and<br />

development of laws <strong>in</strong> the Maritime<br />

<strong>in</strong>dustry. He has worked with both the<br />

House of Representatives and the<br />

By Abake Fakunle<br />

VIEWPOINT IN BRIEF<br />

Show<strong>in</strong>g good democratic example<br />

AS expected <strong>in</strong> a presidential<br />

democracy after a fiercelyfought<br />

general election, which was won<br />

by the rul<strong>in</strong>g All Progressives Congress,<br />

APC, the battle ground has shifted to<br />

the booty-shar<strong>in</strong>g table. Of course, the<br />

National Chairman of APC, Comrade<br />

Adams Oshiomhole, and the National<br />

Publicity Secretary, Lanre Issa-Onilu,<br />

had warned their party men and<br />

women that the game was a w<strong>in</strong>nertakes-all,<br />

thus mak<strong>in</strong>g it clear to the<br />

opposition parties <strong>in</strong> the legislature<br />

that there was noth<strong>in</strong>g to share with<br />

the majority party <strong>in</strong> the choos<strong>in</strong>g of<br />

pr<strong>in</strong>cipal officers <strong>in</strong> both the Senate<br />

and the House of Representatives.<br />

If you th<strong>in</strong>k that the apparatchiks <strong>in</strong><br />

the rul<strong>in</strong>g party are vehemently<br />

fight<strong>in</strong>g to protect the <strong>in</strong>terests of their<br />

members <strong>in</strong> the legislature, you’re dead<br />

wrong. And if you believe that this postelection<br />

hysteria and even paranoia<br />

for the PDP <strong>in</strong> the run-up to the<br />

<strong>in</strong>auguration of the 9th National<br />

Assembly is down to the experience<br />

four years ago, you miss the plot too.<br />

There is really noth<strong>in</strong>g altruistic <strong>in</strong><br />

the <strong>in</strong>sistence of the APC leadership<br />

that Senator Ahmed Lawan must be<br />

elected the next president of the Senate.<br />

And <strong>in</strong> the same ve<strong>in</strong>, there is no<br />

overrid<strong>in</strong>g national <strong>in</strong>terest<br />

By Ola Adedayo<br />

VIEWPOINT IN BRIEF<br />

Twists and turns<br />

USING the penultimate week<br />

edition of ‘NTA Tuesday Live’,<br />

the Nigerian Television Authority talkshow,<br />

as barometer to feel the pulse of<br />

the nation, it was evidently clear that<br />

the stand of the All Progressives<br />

Congress, APC, on the election of the<br />

leadership of the n<strong>in</strong>th National<br />

Assembly, due to be <strong>in</strong>augurated <strong>in</strong> the<br />

first week of June, may not be popular<br />

after all.<br />

Most of those who phoned <strong>in</strong><br />

believed that the rul<strong>in</strong>g party, if it does<br />

not want a repeat of the event of 2015,<br />

where a dissident group with<strong>in</strong> its fold,<br />

act<strong>in</strong>g <strong>in</strong> collaboration with the<br />

opposition Peoples Democratic Party,<br />

PDP, took over the leadership of the<br />

National Assembly, the APC must act<br />

differently <strong>in</strong> its approach to the<br />

forthcom<strong>in</strong>g election of the presid<strong>in</strong>g<br />

and pr<strong>in</strong>cipal officers of the two<br />

chambers of the federal parliament.<br />

The programme, hosted by Cyril<br />

Stober, had on its panel of discussants<br />

a former M<strong>in</strong>ority Leader of the House<br />

of Representatives, Muhammed<br />

Who’s After Paul Usoro?<br />

Senate <strong>in</strong> the areas of draft<strong>in</strong>g and<br />

advocacy to see the laws and reforms<br />

through, from bills to laws. His has<br />

been a truly remarkable story of<br />

erudition and <strong>in</strong>tellection <strong>in</strong> the<br />

practice of a profession that has given<br />

him so much and also taken so much<br />

from him <strong>in</strong> return.<br />

Indeed I have been follow<strong>in</strong>g the<br />

trajectory of progress of this brilliant<br />

Akwa Ibom State-born lawyer and<br />

boardroom player. His firm, PUC,<br />

ranks at the top perch of law practice<br />

<strong>in</strong> Nigeria. I’m also aware he spent<br />

In his career as a lawyer and<br />

boardroom player, Usoro<br />

kept a low profile, avoid<strong>in</strong>g<br />

the limelight but rather lett<strong>in</strong>g<br />

his track record of excellent<br />

performance speak for him<br />

over 15 years at Airtel Nigeria<br />

(formerly Econet Wireless), where he<br />

represented Akwa Ibom State on the<br />

Board. It is noteworthy that long after<br />

Akwa Ibom State had divested from<br />

the telco, successive owners of the<br />

bus<strong>in</strong>ess consistently found him of<br />

significant usefulness <strong>in</strong> direct<strong>in</strong>g its<br />

affairs at the topmost level. He has<br />

also served at various times on the<br />

board of several blue chip companies<br />

<strong>in</strong>clud<strong>in</strong>g Premium Pensions Limited,<br />

CR Services (Credit Bureau) Plc, PZ<br />

Cussons Plc, Nigerian Bulk Electric<br />

company, Mar<strong>in</strong>a Securities Limited<br />

and Access Bank Plc, probably the<br />

biggest bank <strong>in</strong> Nigeria today.<br />

In his career as a lawyer and<br />

boardroom player, Usoro kept a low<br />

profile, avoid<strong>in</strong>g the limelight but<br />

rather lett<strong>in</strong>g his track record of<br />

excellent performance speak for him.<br />

There was literally no noise around<br />

him until he <strong>in</strong>dicated his <strong>in</strong>terest to<br />

run for the coveted presidency of the<br />

Nigerian Bar Association (NBA), the<br />

powerful umbrella association of legal<br />

practitioners <strong>in</strong> Nigeria. It was like he<br />

headed off a nest of wasps and they<br />

descended on his otherwise spotless<br />

body st<strong>in</strong>g<strong>in</strong>g him all over. Not only<br />

did he face fierce and sometimes very<br />

dirty opposition, the Economic and<br />

F<strong>in</strong>ancial Crimes Commission<br />

(EFCC) came after him. It seemed as if<br />

there were some hidden forces work<strong>in</strong>g<br />

beh<strong>in</strong>d the scene <strong>in</strong> concert with the<br />

EFCC and his opponents <strong>in</strong> the NBA<br />

election to deal with him.<br />

In spite of sundry obviously cookedup<br />

allegations <strong>in</strong>clud<strong>in</strong>g vote-buy<strong>in</strong>g,<br />

manipulation of vot<strong>in</strong>g materials and<br />

e-rigg<strong>in</strong>g, Mr. Usoro emerged the<br />

President of the NBA to a tumultuous<br />

acclaim. All effort to use the EFCC to<br />

stop him collapsed <strong>in</strong> the face of strong<br />

support from the various branches of<br />

NBA nationwide and his excellent<br />

track record both <strong>in</strong> the Association,<br />

the legal profession and <strong>in</strong> society<br />

generally. He has been lead<strong>in</strong>g the<br />

NBA for about six months and the<br />

feedback is that th<strong>in</strong>gs are<br />

happen<strong>in</strong>g; good th<strong>in</strong>gs. It is <strong>in</strong>deed<br />

a new era <strong>in</strong> NBA, many seem to sayand<br />

I have absolutely no reason to<br />

doubt this vocal majority say<strong>in</strong>g good<br />

th<strong>in</strong>gs about the Usoro leadership.<br />

This is not unexpected given Usoro’s<br />

discipl<strong>in</strong>ed disposition, his<br />

comportment and immense<br />

experience from the corporate world.<br />

Add to this, his expansive network of<br />

contacts and friends with<strong>in</strong> and<br />

outside the NBA, the government and<br />

the corporate world and you can<br />

beg<strong>in</strong> to visualize a glorious time<br />

ahead for the legal profession.<br />

The EFCC’s case aga<strong>in</strong>st Usoro is<br />

<strong>in</strong> court and therefore subjudice, but<br />

it will be <strong>in</strong>terest<strong>in</strong>g to know why Mr.<br />

Usoro is be<strong>in</strong>g prosecuted without a<br />

petition from anybody. The N1.3b he<br />

is be<strong>in</strong>g prosecuted for, from all<br />

<strong>in</strong>dications, is his legitimate earn<strong>in</strong>gs,<br />

some from represent<strong>in</strong>g Akwa Ibom<br />

<strong>in</strong> various cases and some from<br />

act<strong>in</strong>g as coord<strong>in</strong>ator of the legal<br />

team that represented Gov. Udom <strong>in</strong><br />

the case challeng<strong>in</strong>g his election <strong>in</strong><br />

2015. The case will come up at the<br />

Federal High Court, Lagos on April<br />

17th, but until then some of us are<br />

beg<strong>in</strong>n<strong>in</strong>g to th<strong>in</strong>k that this might be<br />

a witch-hunt after all because of<br />

Usoro’s astute representation of Dr.<br />

Bukola Saraki, the Senate President,<br />

<strong>in</strong> his case aga<strong>in</strong>st the EFCC. It may<br />

be not more than the friend of my<br />

enemy is my enemy-and that will be<br />

extremely dangerous for the legal<br />

9th NASS leadership: Why zone to an <strong>in</strong>dividual?<br />

recommend<strong>in</strong>g Hon. Femi<br />

Gbajabiamila as the next speaker of<br />

the House of Representatives. Both<br />

men are qualified for the different<br />

positions - just like their other<br />

colleagues! In fact, feelers from the<br />

senators-elect, for <strong>in</strong>stance, seem to<br />

contradict the tyrannical imposition<br />

of Senator Lawan on his colleagues.<br />

If the APC leadership does not have<br />

ears to the ground, they might be rudely<br />

shocked aga<strong>in</strong>. As it appears, many of<br />

the APC senators - and even PDP<br />

senators - for different reasons, th<strong>in</strong>k<br />

that Ali Ndume rather than Lawan<br />

has defended the APC position <strong>in</strong> the<br />

Senate with everyth<strong>in</strong>g <strong>in</strong> him both <strong>in</strong><br />

the day and at night and therefore<br />

prefer him to be elected as Senate<br />

President! This is the k<strong>in</strong>d of danger<br />

<strong>in</strong>herent <strong>in</strong> micro-zon<strong>in</strong>g positions to<br />

<strong>in</strong>dividuals rather than ced<strong>in</strong>g<br />

positions to zones or regions.<br />

If the APC leadership can pretend<br />

that it zoned the Senate presidency to<br />

the Northeast, and not to Ahmed<br />

Lawan, there is no room for such<br />

pretence <strong>in</strong> the alleged zon<strong>in</strong>g of the<br />

speakership to Gbajabiamila. And the<br />

reason is quite obvious for even a bl<strong>in</strong>d<br />

man to see. Whereas the entire<br />

Northeast has noth<strong>in</strong>g to hold on to<br />

so far, the Southwest region already<br />

has <strong>in</strong> its kitty the office of the vice<br />

president. And when it is considered<br />

that the President <strong>in</strong> his second term<br />

has exhausted his constitutional<br />

opportunity for re-election to the same<br />

office, the import and the opportunities<br />

<strong>in</strong> the office Professor Yemi Os<strong>in</strong>bajo<br />

holds <strong>in</strong> the name of the Southwest<br />

cannot be overemphasized. Now, tell<br />

me how anyone can justify overload<strong>in</strong>g<br />

the Southwest yet with another position<br />

of speakership when zones like the<br />

North-central and Southeast have<br />

noth<strong>in</strong>g <strong>in</strong> the national power-shar<strong>in</strong>g<br />

formula?<br />

Therefore any mention of<br />

Gbajabiamila <strong>in</strong> the race for the<br />

position of Speaker <strong>in</strong> the 9th National<br />

Assembly not only offends the pr<strong>in</strong>ciple<br />

of equity and justice but also offends<br />

the very logic of w<strong>in</strong>ner-takes-all of<br />

the leadership of the APC. It offends<br />

the logic <strong>in</strong> the sense that regions are<br />

partly rewarded on the basis of the<br />

votes they contributed to the victory<br />

of the rul<strong>in</strong>g party. This perhaps<br />

expla<strong>in</strong>s why a large zone like the<br />

Southeast even <strong>in</strong> the face of obvious<br />

<strong>in</strong>equity is only mak<strong>in</strong>g a halfhearted<br />

demand <strong>in</strong> the APC zon<strong>in</strong>g<br />

formula. Yet the same cannot be said<br />

of the North-central that played a key<br />

role <strong>in</strong> the first com<strong>in</strong>g of the APC to<br />

power <strong>in</strong> 2015 and has rema<strong>in</strong>ed<br />

steadfast even <strong>in</strong> the face of<br />

mistreatment by the Federal<br />

Government, especially <strong>in</strong> the several<br />

deathly herders-farmers clashes. Even<br />

<strong>in</strong> the just-concluded general<br />

elections, the North-central zone gave<br />

more votes to Buhari and the APC<br />

than the Southwest!<br />

Let nobody be deceived by the<br />

propaganda that there are precedents<br />

<strong>in</strong> the past justify<strong>in</strong>g the simultaneous<br />

hold<strong>in</strong>g of the offices of the vice<br />

president and speaker by a particular<br />

zone. Yes, <strong>in</strong> 1979, Chief Alex<br />

Ekwueme from Anambra state was<br />

the vice president while Chief Edw<strong>in</strong><br />

Ume-Ezeoke from the same state was<br />

the Speaker of the House. The truth,<br />

however, is that there was a powershar<strong>in</strong>g<br />

accord between the rul<strong>in</strong>g<br />

SENATE PRESIDENT: Between Lawan and Ndume<br />

Kumalia; Idahosa West; Daniel<br />

Hassan Bwala and Amuda-Kannike<br />

Abiodun, a professor law at the<br />

University of Port -Harcourt.<br />

The APC leadership and its<br />

National Assembly members-elect,<br />

particularly the senators-elect, have<br />

been at loggerheads over the party’s<br />

position that all members should<br />

queue beh<strong>in</strong>d the Senate Majority<br />

Leader, Ahmed Lawan, to succeed<br />

Senator Bukola Saraki as Senate<br />

President <strong>in</strong> the forthcom<strong>in</strong>g n<strong>in</strong>th<br />

Assembly. At the moment, there are<br />

two ma<strong>in</strong> contenders for the topmost<br />

post of the Senate: Lawan, a rank<strong>in</strong>g<br />

member and oldest member of the<br />

upper chamber, from Yobe State, and<br />

Senator Ali Muhammed Ndume,<br />

also a rank<strong>in</strong>g member, from Borno<br />

State. The nation’s number three<br />

position has been zoned to the North-<br />

East where the two contestants hail<br />

from. While the rul<strong>in</strong>g party has<br />

announced Lawan as its preferred<br />

choice, it also warned of the<br />

consequence that awaits members<br />

who act otherwise.<br />

If the APC leadership can<br />

pretend that it zoned the<br />

Senate presidency to the<br />

Northeast, and not to Ahmed<br />

Lawan, there is no room for<br />

such pretence <strong>in</strong> the alleged<br />

zon<strong>in</strong>g of the speakership to<br />

Gbajabiamila<br />

Umar Anarh<strong>in</strong>, who phoned-<strong>in</strong> on<br />

the NTA Live programmes from Birn<strong>in</strong><br />

Kebbi, Kebbi State, slammed the APC<br />

National Chairman, Mr Adams<br />

Oshiomhole, for say<strong>in</strong>g the senatorselect<br />

of the party face possible<br />

expulsion should they fail to adhere to<br />

the party’s position on Lawan. “ The<br />

party is not a trade union that<br />

Oshiomhole may be th<strong>in</strong>k<strong>in</strong>g he is<br />

lead<strong>in</strong>g. It is like he is compar<strong>in</strong>g the<br />

party to a union but they are totally<br />

different. It is not a matter of forc<strong>in</strong>g a<br />

candidate on others. Why not lobby,<br />

mean<strong>in</strong>g you beg, negotiate until<br />

consensus is reached? The way he is<br />

go<strong>in</strong>g about it, I won’t be surprised if<br />

the m<strong>in</strong>ority becomes the majority.<br />

Those who are aggrieved because of<br />

the utterances and actions of the party<br />

will conspire with the m<strong>in</strong>ority to<br />

impose a leadership on the majority.<br />

Oshiomole should know that APC is<br />

not a union that he can give orders. It is<br />

a political party”, he said.<br />

West Idahosa, a former member of<br />

the House of Representatives, echoed<br />

a similar view when he said: “The<br />

SUNDAY Vanguard, APRIL 14, 2019, PAGE 43<br />

leadership of the National Assembly<br />

should be allowed to evolve with<strong>in</strong><br />

as a leadership that is not elected by<br />

members, most of the time, is sacked,<br />

especially if it doesn’t meet<br />

expectations of members.”<br />

He added, “You cannot stop it. New<br />

generals will emerge on the floor. And<br />

if this forced leadership is not<br />

<strong>in</strong>spir<strong>in</strong>g, it is right there that the<br />

leadership will be sacked”.<br />

To Idahosa, it is unwise for the APC<br />

to issue threats on how the new<br />

leaders of the National Assembly<br />

should emerge.<br />

“By do<strong>in</strong>g that, you don’t<br />

encourage the growth we want <strong>in</strong> our<br />

democracy and, by extension, you<br />

don’t encourage the members to form<br />

their caucuses and develop their<br />

eventual leaders for the National<br />

Assembly”.<br />

Kumalia believed it is the<br />

responsibility of the political party<br />

to ensure there is consensus among<br />

all members vy<strong>in</strong>g for any position<br />

especially where you have more than<br />

one or two members <strong>in</strong>dicat<strong>in</strong>g<br />

profession and the fight aga<strong>in</strong>st<br />

corruption which President<br />

Muhammadu Buhari has laid as one<br />

of the major anchors of his<br />

government’s policies.<br />

I am aware that there is an exist<strong>in</strong>g<br />

precedent on this matter when the<br />

same EFCC froze Mike Ozekhome’s<br />

accounts for receiv<strong>in</strong>g N75m from<br />

former Ekiti State Governor, Mr. Ayo<br />

Fayose. The Senior Advocate of<br />

Nigeria sued the anti-graft agency<br />

and won. Also, the decision on Trustees<br />

of NBA vs EFCC and CBN has<br />

shielded practitioners from crim<strong>in</strong>al<br />

liability on money launder<strong>in</strong>g. So, I<br />

don’t know what this matter of<br />

launder<strong>in</strong>g Akwa Ibom State funds is<br />

all about. In actual fact, Usoro claims<br />

the state still owes him <strong>in</strong> excess of<br />

N5b for represent<strong>in</strong>g it <strong>in</strong> various<br />

matters. I truly hope the state<br />

government steps forward to clarify<br />

its stand on this.<br />

I am supremely confident that <strong>in</strong><br />

the end justice and reason will prevail<br />

and this good man will be let off the<br />

hook by whoever is lead<strong>in</strong>g this<br />

furious, relentless charge to damage<br />

his good reputation. He deserves<br />

otherwise for the good th<strong>in</strong>gs he has<br />

done and the many good th<strong>in</strong>gs he is<br />

do<strong>in</strong>g and others he will do for the<br />

NBA and the country as a whole. I<br />

urge all lawyers of good conscience<br />

to jo<strong>in</strong> hands <strong>in</strong> condemn<strong>in</strong>g the<br />

develop<strong>in</strong>g pattern of hound<strong>in</strong>g<br />

lawyers. Today it is Usoro. There is<br />

also the case of Mr. Ubani, who is<br />

be<strong>in</strong>g deta<strong>in</strong>ed by the EFCC. Who<br />

knows who is next?<br />

•Ikoro is an Abuja based public<br />

affairs analyst.<br />

NPN and its alliance partner, NPP. So,<br />

whereas, Ekwueme was of the NPN,<br />

Ume-Ezeoke was of the NPP, and the<br />

emphasis of the shar<strong>in</strong>g formula then<br />

was between two parties; whereas<br />

now, it is among regional zones. Even<br />

then, the country was not as divided as<br />

it is with all manner of fault-l<strong>in</strong>es cry<strong>in</strong>g<br />

to be attended to.<br />

Let it be known that the greatest<br />

danger of what APC has done <strong>in</strong><br />

zon<strong>in</strong>g to <strong>in</strong>dividuals rather than<br />

groups is that it underm<strong>in</strong>es national<br />

solidarity and even group <strong>in</strong>terests.<br />

What is APC afraid of <strong>in</strong> allow<strong>in</strong>g a<br />

zone that a position is ceded to arrive<br />

at a consensus on whom they have<br />

chosen themselves? Surely that is more<br />

democratic and a political party <strong>in</strong><br />

power has the added responsibility of<br />

show<strong>in</strong>g good democratic examples<br />

by follow<strong>in</strong>g the due process.<br />

Even then, all this “it must be Lawan<br />

or it must be Gbajabiamila” by the<br />

leadership of APC may <strong>in</strong> fact be a<br />

euphemistically-designed plot to<br />

allow only one <strong>in</strong>dividual to decide<br />

for a whole nation of over two hundred<br />

million people who becomes<br />

President of the Senate, Speaker of the<br />

House and logically afterwards the<br />

committee chairpersons <strong>in</strong> his bid for<br />

the presidency <strong>in</strong> 2023.<br />

•Fakunle is resident <strong>in</strong> Ilor<strong>in</strong>,<br />

Kwara State.<br />

<strong>in</strong>terest <strong>in</strong> a position. His words, “If<br />

you can through persuasion,<br />

engagement and dialogue narrow the<br />

contenders to one or two such that the<br />

other candidates drop their ambition,<br />

that is okay. “But <strong>in</strong> a situation where<br />

you talk down on some candidates<br />

and all those that want to contest for a<br />

position are seen as outsiders, it creates<br />

tension which ultimately br<strong>in</strong>gs about<br />

the feel<strong>in</strong>g of <strong>in</strong>dependence among<br />

members. “They will say s<strong>in</strong>ce the<br />

party has ano<strong>in</strong>ted this person and<br />

the party does not want anybody to<br />

contest aga<strong>in</strong>st him, yet they don’t<br />

want to engage and dialogue with<br />

anybody, they want to impose him on<br />

us, that means he is go<strong>in</strong>g to be a<br />

stooge of the executive.<br />

“The day there is total harmony<br />

between the executive and the<br />

legislature, the ord<strong>in</strong>ary people have<br />

been sold. So it is important that the<br />

leadership of parliament emerges<br />

through the stamp and authority of<br />

the lawmakers themselves <strong>in</strong> addition<br />

to the party oversee<strong>in</strong>g the process.<br />

Cont<strong>in</strong>ues at<br />

www.vanguard.ngr.com<br />

•Adedayo is resident <strong>in</strong> Lagos

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