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16 — Vanguard, WEDNESDAY, NOVEMBER 16, 2022 Send Opinions & Letters to: opinions1234@yahoo.com Judges as partisan usurpers IN our democracy, the three arms of gov ernment – the Legislature, Executive and Judiciary – have their respective roles as clearly spelt out in the Constitution of the Federal Republic of Nigeria 1999, as amended. The concept of Separation of Powers is the foundation of the Presidential System. Though cooperation is called for, every branch should stay within its turf to ensure checks and balances and limit impunity. But, in our corrupt system, you often see the Executive wanting to make laws (through the Executive Orders). The National Assembly and State Assemblies try their hands on executive functions (the constituency projects), while the Judiciary often changes or imposes leaders through the impeachment process and the Election Petition Tribunal verdicts. Indeed, the constitution has wittingly or unwittingly, given the Judiciary a role that encourages judges to arrogate to themselves the power to manipulate the supreme wishes of the electorate and impose leaders other than the ones chosen on primary or open election days. Many governors who lost elections or did not go through the entire constitutionally-prescribed processes have governed, or are governing states through judicial largesse. The third estate By CYAN FRANK- HANACHOR A SMELL hit me in the corridor. I had refused to look into our rather cramped living conditions. That foetid odour reminded me of that monstrosity that fed off Nigeria's almost nonexistent housing system - the living quarters of the "face me, I face you." I detested the uglyness of it. That rabbit warren of cubby holes was peopled by a horde of trudging Nigerians intent on perpetuating the mirage of survival amidst the never-ending dream of being at the top of the pack. Snug in a country with no plan for the finer things in life, save for electoral promises of a utopia that never materializes, aside from the non-evidential blueprint for providing a sound and qualitative education in our public schools, the biggest issue is the drift of government influence in our communities. Hear now, the private school system in Nigeria as we know it is mostly bankrupt, devoid of all the connotations of service delivery: qualitative and quantitative education in a sanitary and secure environment. Another dream I fear has receded into the oblivion of the horizon is affordable and well-planned accommodation for the poor in society. Good, strong houses in a background nurtured by a desire to do better than the nondescript, cheap contraptions that we have been passing off all these years as the government’s latest contribution to the betterment of the masses. Those cheap deathtraps are glossed over by the most modern building technology, as evidenced by the massive deterioration that sets in once the building is commissioned. We are no pessimists, but the almost constant spate of building collapses, which I fear is going to get progressively worse, is indicative of our drift into a morally bankrupt society. Housing for the poor should be a prerogative of the government. Aside from the glaring issues of poverty, crime, inflation, corruption, unemployment, environmental pollution, and degradation, there is a persistent, prevalent dearth of affordable housing for those struggling to make ends meet in the midst of a driven and career-oriented economy. It is no secret that the bourgeoisie and the upper class have corralled a sizable chunk of the economy and government, which they recycle among themselves (these clowns who go to sleep in one party and wake up active in another party) and their cronies, as validated by the most recent revelations of the present administration. They are plagued with stupendous wealth, corrupt enrichment, and a mindless and fundamental lack of perception in the execution of policies that would serve the needs of us all. Each successive administration has only succeeded in displaying a flagrant lack of sensitivity and perception to execute policies that would cater to the large percentage of the population that is economically challenged, thriving on the proceeds of a meagre financial base. I just hope a zealot somewhere does not come back with the government’s welfare palliative post–COVID-19 pandemic. Cut off from the machinery of government because of the self-serving and corrupt officials that were "elected" (read : foisted on us) to represent our interests, I am still desperately searching for a way to access mine. Sorry, folks, the poor exist among us, not poor in spirit, but poor due to the unfriendly economic environment in which we live. Poverty is so strident, it binds your lips and fists with manacles of pained longsuffering. A World Bank Poverty Assessment Report quoted from an online source reported that the number of poor Nigerians is projected to hit 95.1 million in the last quarter of 2022. No selfrespecting man agrees to bear that name anymore in an attempt to conceal the reality of his existence. Like the Biblical Job, they have adopted the golden rule of survival: manage. They vociferously refuse to answer to a name they find derogatory and demeaning and would attack any attempt to pin that name on them. Try it. So they are most definitely not poor in spirit, but poor due to the circumstances in which we live. Poverty is real. It is merely convenient to close our eyes to the fact that people in poverty are in our midst. The benchmark for our economy is driven by the premise that the middle class is the bottom-line for economic survival. The pricing of the basic necessities of life - housing, clothes, goods in the market, fees in the better managed public and private schools - bares us out. The core of this generation is right there at the bottom of the value Nigeria is bereft of policies that will effectively cater for this percentage that is bursting at its seams; it is unbelievably difficult to cope with living in Nigeria chain, hidden away from a conscience that is long dead. Away from the discerning technocrat intent on mending fences to eliminate the eyesores that cling to the poor's shelters. They live in those shanties (in Port Harcourt it is called "bacha") at the periphery of each community, which we associate with street hustling, crime, cultism, and every malaise of the underworld. The underdog is the man who though he attended secondary school could not continue to that bastion of Nigerian civility - the university. Hence, in the fine lines of class distinction in the lower echelon of society, we glibly Judges who go beyond the red line should be reported to the National Judicial Commission, NJC, for appropriate sanctions The names that easily come to mind are: former Governor Chibuike Amaechi of Rivers State, Yahaya Bello of Kogi State, Bello Matawalle of Zamfara State, Douye Diri of Bayelsa State, Hope Uzodimma of Imo State, and others. Perhaps, many of these cases were or are understandable because the politicians themselves brought them to the Judiciary. Many judges seize this opportunity to feather their nests at the people’s expense. When some supposed officers in the temple of justice flagrantly go out of their ways to impose themselves on cases in a manner that suggests special interests, they abuse their offices and foster loss of faith in the system. The issue that catches my attention today is the case between two contenders for the Abia State governorship election on the platform of the All Progressives Congress, APC: Chief Ikechi Emenike and Dr. Uchechukwu Sampson Ogah. Emenike won the governorship ticket of the party at the indirect primaries held on May 22, 2022. The primary was duly monitored by the Independent National Electoral Commission, INEC, as prescribed by law, and the Commission has Emenike’s name on its website as the party’s candidate for Abia State. Ogah had organised a parallel primary and also started parading himself as the party’s candidate, a claim which the party at state and national level has severally debunked, even in court. In an apparently well-choreographed gambit, Ogah approached the Federal High Court in Umuahia presided over by Hon. Justice E.A. Anyadike, to declare him the gubernatorial candidate of the APC in the state. Just as Emenike and his cohorts were getting ready for the legal fireworks, they heard that Ogah had applied for and succeeded in getting the case transferred to the Abuja Division of the Federal High Court. The Chief Judge of the Federal High Court, John Tsoho, had assigned the case to Hon. Justice Binta Murtala Nyako. Emenike and his cohorts were caught by surprise because they were not given a chance to contest the application for case transfer, which they were entitled to. It breached Section 36(1) of the Constitution which guarantees the right to fair hearing. So, they applied before Justice Tsoho for the return of the case to its original jurisdiction at Umuahia, in line with Rule 8(1) of the Federal High Court (Pre-election) Practice Direction, 2022, which provides as follows: “All suits wherein the cause of action arose in a judicial division and the relief seeks a declaration or to compel or retain person(s) natural or legal within that judicial division, with no consequence outside it, shall be filed, received or heard only within that judicial division”. This provision makes sense, even to a lay person. What is the idea of transferring a case arising in Abia State where all the parties to it live, to a branch of ignore this nonentity, the faceless mass, because of their perceived ignorance at the importance of education, turning up our upper class noses around this "dreg". The upstart that upped and left the village for the big city and just never made it "big" or into a conventional career in spite of his constantly banging his head against doors firmly shut in his face by each progressively unfriendly policy that says: "5000 teachers to be employed by the Government, Police Recruitment Nationwide, Resident Doctors on Strike Nationwide." The jobs driven by the modicum of good luck that sent you through the hallowed gates of the "ivory tower" in spite of the same odds that battened this human "excrement" to hang around street corners to beg, hawk and peddle articles on a tray. They are that cleaning woman who speaks almost impeccable English when I allow her, that cobbler at the street junction, and the ice-cream vendor at my kid’s exclusive school. These narratives are old but very much still ours. Incredulous? They mostly possess a Secondary School Certificate from some far-flung secondary school in the back-of-thewoods that threw up a sometime Federal Minister of Education, the present Councillor of his ward, a former crony of the "self-made" man and yet, since secondary school, his efforts have been as consistent as the rich pillars of society though admittedly not as "accomplished" as these stalwarts of society. In Nigeria, we acknowledge only those who like us have the best education even if we started off at Nkike Community Grammar School, 4 Points, Balange Local Government Area. Those technocrats toasted by each successive administration as seasoned administrators, the World Bank Representative with quick fixes on how to turn the economy round - are the baseline we allow for educational indices. None has gone searching among the murky waters of development implementation for the court in Abuja if not for sinister, mischievous or possibly corrupt motives? More importantly, why did Federal High Court Chief Judge, John Tsoho, and Justice Nyako, insist on ruling on the case despite strident calls for Nyako to recuse herself, having shown undue personal interest in it, in violation of the law? Emenike and his group rightly felt that Justice Nyako was determined to foist a governorship candidate on the Abia chapter of the APC when the judge refused to release the casefile to the Registrar of the Appeal Section for onward transmission to the registry of the Court of Appeal for expeditious hearing. So, the verdict of Justice Nyako awarding the governorship ticket of the party to Ogah on November 11,2022, was an already predicted charade. The constitutional intendment is for the political parties to pick candidates of their choice to represent them at the polls. Emenike has strong, deep roots in the APC, unlike Ogah who jumps from one party to the other in the desperate quest to be governor. Emenike has a party pedigree that earned his wife, Uzoma Emenike, a prestigious presidential posting as Nigeria’s Ambassador to the United States of America. Political parties should be allowed to choose their candidates because only they know those who are capable of winning elections for them. I t is an act of impunity and a denigration of the rights of political parties for the courts to deign to impose candidates on them, for whatever reason. The court should only ensure that the laws of the country and the rules of the parties are complied with. They should restrict themselves to ensuring that justice is done in all cases referred to them, rather than play the role of partisan usurpers. Judges who go beyond the red line should be reported to the National Judicial Commission, NJC, for appropriate sanctions. the "lost" generation. Those intelligent with equally good potentials who never made it to the university. Those poor and unfulfilled Nigerians whom the unforgiving, ignorant society brands "failures, illiterates, dropouts"…mostly, should be our baseline for humanity.“ In the street economy, they typically choose to eschew crime, pursue respectability through perseverance in an unfriendly economic clime, to ensure the cloak of poverty is flung far from them. Those are the ones truly deserving of our consideration. In each society they mostly exist at the borders of respectability, plying their trade quietly with scraps of confidence from the constant attacks by the insensitive, career-driven mass who sneers at their efforts and mock their attempt at battering poverty in the secondary labour market. Shelter is the basic need of each creature - a stake in the land- somewhere to hibernate and bloom in solitude. Nigeria is bereft of policies that will effectively cater for this percentage that is bursting at its seams. It is unbelievably difficult to cope with living in Nigeria. Nigerians ever class-conscious arrived in the 21st century with a demarcation between housing for the bourgeoisie and the poor. The shyster of a landlord has priced houses - even the substandard variety which they almost always are - beyond the reach of the poor. Whole slums have sprouted in most of the states we have visited. The government bungles on like there is no housing problem in Nigeria. Affordable housing will reduce the prevalent crime rate, encourage education in the long run, promote our confidence in a government that betrays us every opportunity it gets. Continues online: www.vanguardngr.com •Frank-hanachor., a writer, consultant,early childhood education, youth development advisor, wrote from Port Harcourt, Rivers State.
How security agencies sabotage the fight against crime IT has become customary for Nigerian security agents and agencies to pass off what should ordinarily be classified information as routine news release. Each time some of these security units and their operatives engage in this unwholesome breach one is reminded of how far many of them have fallen in their knowledge of what is appropriate information to be shared with the public and what is best kept secret. Many of them don’t appear to have been trained. And if trained, they do not come off as having learned the right lesson. They look grossly raw and inexperienced but sometimes we are talking about some of the most senior persons in the military and paramilitary agencies. If one could overlook the thirst of a freshly employed agent of one of our secret police going on Facebook to announce their presence or glibly letting the information about their professional background drop in a crowded environment- if one could try to understand the craving for attention that leads to such careless disclosure, what should one make of apparently very senior and highly-placed officers committing the same error? Since optics have taken the place of substance, security agents who before now would be content to remain in the shadows as they go about their work; detectives and undercover agents who would be willing and eager for anything except doing that which could potentially blow their cover, these now compete for photo-ops in a manner that would give any politician campaigning for public office a run for their money. People who at a time took pride in the silence that attended the execution of their job today angle for attention and strain both to be heard and seen by all. They pay no heed even if they ruin what they should be protecting by the very fact of the unnecessary publicity they bring to it. Since spokespersons of some of our security units now posture as celebrities, dressing and commenting loudly on every passing event, should we be surprised that we are making only backward progress in our so-called fight against crime? Professionalism just doesn’t seem to count anymore. It is now the era of social media influencers garbed in immaculate police and military gear and, sometimes, display the looks to go with it. Nothing more! There are, perhaps, not many Nigerians or other followers of Nigerian news elsewhere that are not aware of the fact that the Nigeria Police have recently acquired three unmanned aerial vehicles, aka drones. They were, according to the Force, acquired to help in the fight against crime. The Inspector General of Police, Usman Baba Alkali, was himself in the vanguard of those sharing this information. Olumuyiwa Adejobi, the Police public Vanguard, WEDNESDAY, NOVEMBER 16, 2022 —17 bandits and unknown gunmen our personnel are ranged against in battle are better equipped. When these officers and men go onto the battle fronts, they are virtually on suicide missions. It is for this reason that some of them end up with self-inflicted injuries, just to stay off the war front. We are not talking here of very obvious cases of sabotage when military commanders and the top hierarchy of other paramilitary agencies turn funds appropriated for official use to private ends. After years of griping over the need for modern equipment and we finally got the Super Tucano Jets, what happened next? We went about bragging about their capability, announcing to the bandits and insurgents all over the north that there are new equipment in town. We were only short of telling them when, where and how the fighter crafts would be deployed. I guess that must have been taken care of by the fifth columnists we are told work from inside these organisations. During the last Independence celebration in Abuja, there was an announcement by one of the presenters that suggested that the Super Tucano jets were to be displayed. I remember the concern I felt knowing the fiasco that was the performance of some paratroopers training as part of the display for the independence celebration days before. What is leading our security agencies down this slope of self-destructive unprofessionalism where they make so much song and dance of matters that ought to be kept confidential? What madness leads to this? Just about two weeks ago, the EFCC boss, Abdulrasheed Bawa, announced to Nigerians that three governors planning to pay state workers in cash following the planned redesigning of the naira were on their watch list. What crimefighting skills justified this announcement? Was it to warn the governors to cover their track? Abdulrasheed Bawa it was who deployed operatives dressed in reflective jackets that had the EFCC logo embossed on them to the venue of the presidential convention grounds of political parties. Which party official would be stupid enough to bribe voters in such circumstances? What’s the cure for this type of foolery? relations officer, was quick to let the public know how the task of fighting crime has been enhanced by the acquisition of the drones. And like a child enjoying the thrill of trying out a new toy, officers of the police force have been gleefully putting on test flights their newlyacquired object. It would seem like they want the world to believe that these drones are the be-all and end-all of fighting crime. They are the final nail in the coffin of criminals of whatever shade and in whatever location. This is nothing if not foolishness. The question to ask is, for whose benefit is all the noise about the acquisition of new drones? Is it the harassed public or the seasoned bandits or insurgents in Sambisa Forest? Where does the confident joy come from that three drones could do what hundreds of thousands of trained personnel have not done for many years? Even the bit that the drones can do is already being eroded and compromised by these reports of their acquisition. Where lies the element of surprise in all of this? What is left for the criminals out there, be they insurgents, known and unknown gun men and women; bandits and kidnappers or just plain Boko Haram What is leading our security agencies down this slope of selfdestructive unprofessionalism where they make so much song and dance of matters that ought to be kept confidential? operatives- what more is there for them to worry about when they can already see and know specific details of the latest equipment that are to be deployed to take them out of business? Which professional military or paramilitary organisation does this? Increasingly, one is almost persuaded that some of our security agencies are led by saboteurs and not committed officers. Or how else can one explain a pattern of behaviour that seems to aide crime and criminals at the expense of the people and properties to be protected? It is a known fact that a lot of the equipment being used by our overstretched military are obsolete. The so-called insurgents, IN moments of soaring confusion, some salient but very troubling issues may just develop unnoticed. Life goes on while those issues could build into a broth that could trouble the body in future. Especially in businesses where every Naira invested is of major interest to the investor, such things could either help the image of the business environment or deter investors to scram with their funds. As Nigerians waded through the flood in recent months, slept on the road for days while trying to connect one part of the country to another, or stay overnight at the filling stations, especially for those who live in Abuja, a small story sprouted out of Rivers State and has gained traction in Abuja, of which a final denouement could reverberate into the future of broadcast businesses across the nation. Standing on the pillars of the 6th Edition of the Nigeria Broadcasting Code, a small broadcast operator in Port Harcourt, capital of Rivers State, Metro-Digital, initiated a David versus Goliath fight, when it took Multichoice to court with a prayer that the biggest pay TV operator in Africa, sub-license some of its channels to the Port Harcourt broadcaster. Quite innocuous. So it seems. But the wheel of justice grinds slowly and the patient one would usually take the fat bone arising from such odyssey. On July 13, 2022, 08055069060 (SMS Only) For broadcasting, an early celebration of the death of monopoly an Appeal Court in Port Harcourt, ordered the broadcast regulator, the National Broadcasting Commission, NBC, to address the programming sublicensing complaint filed against Multichoice Nigeria Limited by Metro Digital Limited, by bringing the disputing parties to the round table. In setting aside the judgment of the lower court, the Appeal Court gave the following consequential order: “An order of mandatory injunction is issued to compel the 2nd respondent to issue directives on the appellant’s complaint against the 1st respondent pursuant to the Nigeria Broadcasting Code, 6th Edition (as amended). The 2nd respondent shall initiate the process for the determination of the dispute between the appellant and the 1st respondent within 21 days of the date of this judgment, under the auspices of the NBC Act, the 6th edition of the NBC Code and its addendum.” This was my observation on this development on July 27, 2022. “For me, the broadcasting industry is getting very interesting as the resolution of this case could go a long way to determine how business is done in the industry. It will affect the depth of competition. It will affect content development and ownership. It will teach us to watch out for mischief and act very spontaneously once a document is being done, and some smart fellows are throwing in some hidden traps. In fact it will add some accoutrement to the definition of deregulation in the business dictionary.” Dear friends, we are there right now. The regulator did not act within the window given, until it was goaded into action, this writer has gathered. Instead of calling a round table meeting between the disputing parties, the regulator with just some subtle pressure, has issued a directive to Multichoice to sublicense its channels to a competitor in the industry. Now the other party is over the moon, and those around are trying to restrain his flight or at least constrain him to the reality of the earth. Such is victory that can be so sweet but sometimes not too far way from ashes in the mouth. Irrespective of the developments, I still hold fast to my little opinion that pay TV and premium programming are inseparable but very challenging to achieve Part of the NBC letter addressed to the leadership of Multichoice, Nigeria, reads: “You are hereby directed to comply with the 6th Edition of the NBC Code as amended pursuant to Metro-Digital’s request for channel sublicensing as ordered by the Federal Court of Appeal.” According to reports, Chief Executive of Metro-Digital, Dr. Ifeanyi Nwafor, is overjoyed that the regulator has finally agreed with the court order and has equally expressed appreciation to the Federal Government, especially the Minister of Information and Culture, Alhaji Lai Mohammed, and the judiciary. “We are glad to announce today that NBC has complied with the order of the court. The end of monopoly in Nigerian broadcasting industry will enhance competition, innovation and quality of service delivery. The industry will enjoy rapid growth and consumers will benefit form competitive pricing that follows,” he was quoted to have said. You really have to accommodate the excitement of Dr. Nwafor and really encourage him to pitch his tent close to reality. Some contents of the Code really gave his spirits verve. For instance, Chapter 6 of the Code focuses on Sports Roghts, Acquisition, and, in fact, how an owner should treat his own products apropos the attitude of competitors in the market. For instance, the Code says in 6.2.5: To ensure fair and effective completion to all platforms at an agreed fee, rights owner, operators or exclusive licenses to Live Foreign Sporting Events shall offer rights to Broadcasters on the different platforms inclusive but not restricted to the platforms stated below - Satellite, DTH, Multipoint Microwave Distribution System, MMDS, Cable, Fibre Optics, DTT, Terrestrial, Internet, Mobile, Internet Protocol Television, IPTV, and Radio. The only problem, however, is that there is no closure on this case yet as Multichoice has proceeded to the Supreme Court, the highest court in the land, asking for relief and protection. I have no knowledge to ask whether the action of the regulator in issuing that directive is fit and proper. Such conjecture belongs to the learned ones in our midst but I can hint here that the journey ahead may be long, windy and rough. The only other intervening factor here is that sublicensing will be subject to a business decision between owners of contents, including sports, and those who want to be sublicensed. It may interest you that content owners may not want to sell at a loss no matter the content of the Code. It is first a business before those who hide behind patriotism to take what others have built up over time. Apart from the action already taken by the regulator, I am of the opinion that the entire broadcast ecosystem - the operators, including the parties in dispute, the regulator, the Ministry of Information and Culture, and even the invisible drummers who are playing for the little bird to dance on the road, will be waiting with bated interest to hear the pronouncement of the Supreme Court on this matter. Perhaps, just perhaps, we may be approaching a lasting peace in the broadcast industry. Irrespective of the developments, I still hold fast to my little opinion that pay TV and premium programming are inseparable but very challenging to achieve. It is expensive and it demands for people to wear their thinking, creative cap always. An operator that has achieved a niche in the sector can be accused of monopoly practices. Unfortunately, for me, I have been in some meetings where industry monopolies are discussed. Sometimes, I am in the minority when I point out that monopoly can spring from the greedy appetite of some industry players but, often times, it is fuelled by the laziness of other operators who are either too lazy to innovate, too petrified to dare, or simply do not have the funds to compete fairly. All of the above are at work in Nigeria. The broadcast industry has been challenged for a long time, leaving most of the operators to point at the direction of one operator who seemingly has stolen their beef. It is worse if such unfortunate reasoning bears the imprimatur of some fellows in government. But it is never too late to purge an idea whose emergence is tragic and unfortunate. The Supreme Court may provide a cushioning but cautionary resolution of a supervening uncertainty. Meanwhile, let’s say a celebratory orison for the death of monopoly in the nation’s broadcast industry!
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