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Opinion

BIAFRA, KANU AND NIGERIA

Senator Enyinaya Abaribe

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~Sen. Enyinaya Abaribe

Enyinnaya Abaribe, is a Nigerian Senator representing Abia South Senatorial District who signed the bail bond for the release of Mazi Nnamdi Kanu when the later was incarcerated. Recently in Mississippi, USA, he delivered a speech on Igbos and Nigeria. Every Igbo who is concerned about the present state of the Igbo man, and the future of our people should see this as a must read. We invite you to read as presented below:

What I will say here today may come as a surprise to many of you. For those that I will rub the wrong way, I apologize in advance.

However, “NDIGBO si na owu onye nke mmadu na ghu ya ahu na agbata ukwu”. If I fail to say the truth about the existential challenges that we face today in our country Nigeria, and how we believe we should face them, then I would not be true to myself and to you who sent me to represent you in the red chamber.

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From the Past to Today

1970

We can situate our position today following the end of the civil war in 1970. Igbo’s in 1970 were impoverished having lost an estimated 3 Million Igbo souls in the war, with a ruined and destroyed landscape and infrastructure. Every Igbo man/woman with savings in the banks before the outbreak of hostilities were pauperized as the military government decreed that one would only get 20 pounds notwithstanding the amount you had. The indigenization decree was passed in 1972 and no Igbo could participate since all had been reduced to penury.

2017

Today the Igbo have the largest pool of educated Nigerians. In 2007, Imo State had more subscribers to the JAMB UTME exams than the 19 Northern States put together. In 2017, 56% of of NYSC members are from the South East. Our feat in education means that we now have the army to win the war of competition in a market driven economy. Since 1999, the south east states have been the best in all exams.

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The largest group of direct domestic investors in Nigeria are from the south east. Igbo investments in property in Abuja alone probably has more than any other ethnic group. We are the most travelled in Nigeria. In all parts of Nigeria after the indigenous population, Igbo’s are the next largest group. We are the largest propertied class of all ethnic groups in Nigeria and despite all this confusion, we have grown the most economically since the inception of the current democracy in Nigeria. We have the richest and largest pool of Nigeria diaspora population.

Taking an example of Lagos state, Ndigbo form a large proportion of the economy of the state. We created the following from nothing;
Computer Village in Ikeja. Ladipo Spare Parts market. Alaba Electronic Market. Balogun Int’l Market.
Balogun (Trade Fair) International Market. Aspamda market in Festac.
Orile Market for house fittings & appliances etc.

All second hand clothing markets in Lagos. About 4 markets. The combined turnover daily of these markets run into billions daily. Lagos state benefits by collecting taxes and now its economy contributes 56% of all VAT collected in Nigeria. Above scenario is replicated in most big cities in Nigeria. Go to Kano, Port Harcourt, Benin City, Kaduna, Sokoto, not to talk of Abuja. Ndigbo are very large players in the economy of all parts of Nigeria. I will return to this.

*The ALLURE of BIAFRA*

So the question is, given all the advantages that we as Ndigbo have in Nigeria, why the clamour by our youths and others for a separate state of Biafra?

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The present agitation in the South East for a sovereign state of Biafra seems very tempting under the prevailing circumstance given the manifest sectional approach to governance at the center. To some especially the youth and the disadvantaged it is the way to go and when viewed critically you cannot help but to agree with the agitators. Of a truth there is an obvious feeling of alienation within the Nigerian state today. But has this always been the case? Apart from the civil war and the pernicious policies of the military regimes, we have not fared badly during civil rule until presently.

Given that following the civil war, there seemed to have been a glass ceiling in certain professions in Nigeria where it looked as if Igbo should not aspire to. In the police, military etc. But we can posit this as the lingering effects of the war where the victor in a war finds it very difficult to fully integrate the other party they fought with into all areas. In the US for example, I understand that it took a very long time for someone from the southern part of the US several decades after the civil war which they lost to break the stranglehold of the north for the presidency of the US. (Correct me if I’m wrong).

But come to think of it, Dr Alex Ekwueme became the Vice President of Nigeria barely 9 years after the civil war. The glass ceiling was on its way to being broken! The military interregnum from 1993 led by the same Muhammadu Buhari put a hold on this. In the US, Germany, Japan and other climes deliberate policies were used by governments to build stronger ties among groups and opposing tendencies. This helped to forge a bond within their nations. Nigeria seemed to think that a policy of benign neglect will resolve our problems. Of course it didn’t and that’s why we are seeing a resurgence of separatist agitation going on all over the country.

Fast forward to the civil rule era starting from 1999. Nobody would accuse Presidents Obasanjo, late Yar’adua, or Jonathan of what seemed like sectionalism as state policy. A look at the pattern of appointments by President Obasanjo evinced the fact of an all inclusive government from all parts of the country. Same as President Yar’adua. President Jonathan took it a step further by appointing the first Igbo chief of army staff, first Igbo secretary to the federal government, coordinating minister for the economy etc. In fact, one of the criticisms we face today in Nigeria is to explain why should this agitation for separation be under President Buhari when it was not done under the previous administration? However, that criticism is not true. Recall that under President Obasanjo and Yar’adua there was Massob which was managed much better than today.

However, you will recall that when this government came into place, President Buhari went to the US where he made a most unfortunate statement that was widely condemned at that time. He reportedly said that he doesn’t need to bother about the 5% that didn’t vote for him but will rather concern himself with the 97% that voted for him. I had at the time the statement was made raised concern that such declaration from an elected President sounds discriminatory and may create the impression that our elected President Buhari is sending a message to those who didn’t vote for him that he will be partial in his decision making. Unfortunately, it seems also that the people who are in and around the president didn’t advise him properly.

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They left him to make appointments and take decisions that gave the impression that there are some parts of the country that are not supposed to be part of Nigeria. Little wonder that our youths feeling left out and not having anything to give them hope in Nigeria, started believing that a separate country would be better. But I say it is NOT. I will come to this later.

I recall that in November of 2016, after seeing how things were going, the South East caucus of the Senate sought for and got an appointment with the President Buhari. Our discussion centered on the south East perception of not being part of this administration thereby giving rise to our people feeling disconnected from the government. We pointed out that it should be a cause for concern if a major part of the country is not represented in the security architecture of the country in addition to other critical sectors from the inception of the administration. We were promised that our concerns would be looked into. Sadly, this was not done till today.

Our country Nigeria is supposed to be for inclusion; for making sure that everyone makes his or her input into its affairs. Allowing such fairness and equity to prevail in a plural society like ours will make us a bigger and better nation. Today that is not the case. Either as a deliberate act as it seems or a willful omission geared towards achieving a pre-determined goal, Ndigbo have been pushed to the fringes of the Nigerian Union in so many ways by the present government. The unfortunate scenario is enough for one to ask the hypothetical question….why am I here?

WHAT ALTERNATIVES

As much as the music of separatism stirs the soul, one must ask the question; Is relapsing into a sovereign state of Biafra the optimum option or is it a restructuring of the state such that all the federating units would have greater autonomy in the mould of a near quasi self determination the better option? When these two options are posed; a sovereign state of Biafra or restructured Nigeria, the position of most Nigerians as of today is for the latter.

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Apart from the problem of even determining the boundaries of the state of Biafra and the multifarious and multifaceted problems a simplistic solution such as Biafra poses, perhaps it makes more sense for those who have tasted war to be a little more discerning when matters affecting their race comes up in Nigeria. Nigerians have been known to come together to use the Igbo head to break coconuts (apologies to late Abiola). Despite the problems that befell the Yoruba race following the annulment of the June 12 elections, they didn’t seek to break out out of Nigeria despite some of them calling for an Oduduwa country. They simply used the sympathies of other Nigerians to create an economic haven for themselves which has led to massive relocation of industries by all Nigerians to Lagos and Ogun States. They also got the Presidency of Nigeria.

Our brothers from the Niger Delta have not sought to go away either. They also got the Presidency of Nigeria. However we seem to be in the unfortunate position of seeming to drag the Niger Delta into a Biafra unwanted by them. The agitation for Biafra and how it was being prosecuted by IPOB has rather elicited hate and disdain for our people from other ethnic groups notwithstanding that they may have been nursing such tendencies. The agitation as championed by IPOB somehow gave muscle to traditional traducers of Ndigbo to spew out hate and envious vituperations. This was exemplified by the October 1st quit notice given to Igbos to leave the North by the so-called Arewa youths which persons are yet to be arrested for hate speech and breaching the law. They claimed to be responding to our own hate speeches etc.

Indeed, other people seem to want to see us fall into the trap for them to use us to solve their own problems with Nigeria. That notwithstanding, we as political leaders from the South East were unequivocal in asserting that that the rights of Ndigbo to peaceful and democratic engagements must be respected. On this score we made it clear that no amount of threat will cow Ndigbo from consistently demanding for an equitable, fair and just society within the Nigerian State. We also cautioned our youths on their vituperative calls and employed the Igbo concept of “bu uzo chu fuo Ufu, tutu ta wa Okuko uta”! This of course was misunderstood by other Nigerians as support rather than constructive engagement.

WHY NOT BIAFRA?

We believe that the best way to go given our situation today is to look before we leap. We must not be pushed to abandon our huge contribution to the modern Nigerian state. As we pointed out in the beginning of this paper, Ndigbo have been the single ethnic group that have welded the country Nigeria together given our way of life as sojourners everywhere in Nigeria, West Africa, Africa and the world. I dare say that we make up to 50% or more of Nigerians in the US. The question is why would we look to confine ourselves to a small landlocked entity when we have the whole of Nigeria to cavort in?

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I have deliberately left out of this discussion the practical impossibility of even getting our brothers from the Niger Delta to go with us in this quest. Not to talk of the Idoma or the Kogi that we insist are part of us.
One thing seems to elude our people when these questions are posed. We look at the determination of the present government to treat us dismissively and feel that it is well nigh an impossible task to get our wish for a just society but we fail to look at the historical evidence before us.

When the 97% vs 5% controversy erupted, I told our people that my people the Ngwa says that “Ohu afor abughi ndu ebighi ebi”. Governments come and go. PDP government lost election and quit the stage for this APC government. Who says they cannot also lose? Why are we then acting as if it’s the end of the world? The maximum any government can stay is two term totaling 8years. “Obughi ndu ebighi ebi”!

Restructuring is an idea whose time has come and it will happen.
Biafra should be a last option, only after every other avenue to realize a restructured Nigeria where every component part is allowed a measure of autonomy and self determination fails. Let me state here that if the dominant views in Nigeria is for restructuring, then that should be the minimum that Ndigbo should demand, so that every component part of this country can substantially harness its resources and develop at its own pace.

Do not forget that the breached Aburi accord was about restructuring and today this call has garnered overwhelming momentum even from quarters that hitherto opposed it. Just recently former President Ibrahim Babangida, former Vice President Atiku Abubakar and lately Asiwaju Bola Tinubu and a host of others have joined the fray. Restructuring has become a singsong which we must explore vigorously. Even the ruling APC has set up a committee led by Governor el-Rufai to bring about a considered view on it. Forget the fact that it was part of their manifesto. The fact is that the discussion is on, as it should be.

I recall that in August, the Igbo political elite, Ohaneze, Governors, National Assembly Caucus met in Enugu and affirmed that the terms of our marriage in Nigeria is stifling to everybody and therefore we must have another look at it. That position has not changed but has in fact been reinforced by the agreement by other parts of Nigeria that it is time to look at the matter as evidenced by the South West Political Summit where they endorsed restructuring back to the 1963 constitution.

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To me the strident calls by IPOB for a referendum should be seen as a legitimate demand to compel the state to see the urgency of having a second look at our marriage, with the ultimate aim of enthroning equity and fairness, where our people will no longer be treated as second class citizens in Nigeria. Though the methods may be misconstrued, the true colour of the agitation would have come out had there been a concerted effort at dialogue. The agitations gives fillip to the Igbo idiom…”Ma Opara emeghi nkpotu, agaghi ilughi ya Nwanyi “.

Our people are saying this union is stifling us, and we are making a lot of noise so we can find a solution.
The solution I think can be found in a restructured Nigeria. The beauty of it is that while we can enjoy near wholesale autonomy, our people as itinerant business people could have an unrestrained space in a larger market provided by a united Nigeria.

We should not be swayed by what we think is the attraction of an exclusive opportunity to be provided by a sovereign Biafra. No. That would box us into a tiny corner which has its own challenges which would prove overwhelming as time goes on. This is a topic for another day.

DIASPORA IGBOS AND US

One of the problems those of us who attempt to show a direction to our people at home is the near universal disdain that some of our brother Ndigbo in Diaspora have for our leaders and elected representatives at home. Nowhere is it more apposite than in this matter of Biafra agitation. While some of our brothers/sisters here in the comfort of their homes seems to urge our youths through their utterances and actions to use unconstitutional means and disparage other ethnic groups that which actions seems to alienate us from our neighbors and the Nigerian State, we the leaders at home have been been left with the task of intervening in such a manner to dissuade the government from deploying the coercive instruments of state against the agitators. The aim was to stop bloodshed and waste of human lives. We have lost enough from the civil war. Those egging our youths on from here do not seem to appreciate this fact.

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Most distressing is the labeling of those who disagree with their positions as “cowards, saboteurs, Hausa slaves etc”. This tends to discourage those who genuinely strive to lead our people through a very distressing period in our history as a nation.

Nnia Nwodo as President of Ohaneze has been vilified for taking a stand for restructuring in Nigeria for Ndigbo, a position agreed by all of us in the earlier summit I referenced. Governors come in for bashing everyday. As for us legislators, we have been called all sorts of names such as ‘legislooters’ etc.

Yet, when it came to taking a stand at ground zero, to bail Kanu; to reject the Federal Government ascribing Terrorism to IPOB, we are the people doing so and we never hesitated to say that agitation in every clime is constitutional. We take the bullets from other ethnic groups and the government for standing firm and demanding that Nigerians should be left to talk to each other about the best way forward without preconditions. We would use this opportunity plead with our internet warriors who stay here in their comfort zone here that our Igbo say, “ma Opara nzuzu adighi nwuo, Opara ma izu aga beghi ibichi ezi”.

SOME FINAL THOUGHTS

Why are we not Investing at Home.

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Lack of Infrastructure.

Should we continue to blame the Federal Government for the dilapidated infrastructures in Ala Igbo? What of our home governments in Igbo States? Sam Mbakwe of blessed memory did not wait for the Federal Government before undertaking massive rebuilding of old IMO State. We think that we have not given our best to our people with the little we got.

Insecurity

Nowhere have we hurt ourselves and investment in Ala Igbo than in the insecurity pervading all parts of our homeland. Of course the latest imbroglio in Abia especially in Aba and Umuahia has worsened matters. We run the risk of undoing all the efforts made in promoting ‘made in Aba’ that we had embarked on as a catalyst for growth in Ala Igbo. Industries have relocated from Ala Igbo to other parts of Nigeria especially Lagos and Ogun States because of the very serious insecurity such as kidnappining and armed robbery faced by those who invest at home. We cannot be looking for investors and yet make our place not conducive to investment.

Unemployment

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Unemployment is the single biggest problem we have in Ala Igbo today. Before this time due to our domestic investments and industry, this was not a very big problem but due to the dis-investment going on today in Ala Igbo today we are faced with a existential problem in our hand. Diaspora Igbo’s have to assist us to also invest at home despite the problems and reduce the unemployment in Ala Igbo. Once we get Ala Igbo right the frustrations that fuel the agitation in ala Igbo will be dampened. What we have playing out in the world today is a knowledge economy. Oil is going out of fashion. As I pointed out earlier, we are poised through our educational exploits in Nigeria to dominate the economy of tomorrow. Why would we turn a blind eye to this emerging scenario?

In ending let me quote what the great son of Igbo land, the great Zik of Africa said about himself:

“Despite the mythic heights to which he was raised, Azikiwe was nothing if not pragmatic, a realist, always conscious of his limits and ever eager to extract all that was possible from that limited horizon”. May we be guided by such humble thoughts as we seek a better Nigeria for us all. What we should look for is a BIAFRA of the MIND like some have suggested in order to play our role in the emerging Nigeria that will come.

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4 Comments

4 Comments

  1. Gillis Onyeabor

    June 21, 2021 at 7:30 pm

    My favorite quotes from this.

    “Indeed, other people seem to want to see us fall into the trap for them to use us to solve their own problems with Nigeria.”

    “We cannot be looking for investors and yet make our place not conducive to investment.”

    How about filani herdsmen, our farmlands, forests, raped women snd murdered men?

    • Admin

      June 22, 2021 at 9:06 pm

      My brother Gillis you got it right. I believe that the Igbo will lead this nation but we only need to re-strategize.

    • Admin

      July 15, 2021 at 8:51 pm

      Thank you for this thought-provoking response Moe.

  2. Chijioke Ogbodo

    June 22, 2021 at 7:31 am

    A long read but very interesting. This is exactly the way to go.

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Opinion

A Glimmer of Hope From Abia

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By Engr Pascal Ubani

Amid intermittent travel advisories by Western diplomatic missions in the country to their citizens on visiting parts of the country because of the nationwide security challenges, the British High Commissioner to Nigeria, Richard Montgomery, on Tuesday, August 21, 2024, led a delegation to the $800m Aba Independent Power Project built by the Geometric Power group. Though the news media have not provided the reason for the visit, it is likely to be about Aba’s growing stature as an industrial and economic centre following the commissioning of the 188megawatt Geometric Power Plant in Aba and the embedded distribution firm, the Aba Power Electric Company. The commissioning was on Monday, February 26, 2024, by Vice President Kashim Shettima who stood in for President Bola Tinubu.

It is axiomatic that media reports about insecurity in the Southeast, especially Abia State in recent times, are sexed up, as former American President Bill Clinton would famously put it. Of course, no one can dispute that five soldiers were murdered last May 30 in Aba by non-state actors. In the same manner, none can dispute that two policemen on legitimate duties were later killed in the same city. However, it has not been gloom and doom, at least on the economic front. Multinationals are thriving in Aba, but no one talks about them because, as the saying goes, bad news travels fast and stays long.

Geometric Power is reviving hope in Aba’s economy, thanks to the considerable support it has been receiving from the Abia State government under Dr Alex Otti’s leadership. There are, however, reports that uninterrupted power supply in Aba has not yet been attained on account of inadequate natural gas supply to the Geometric Power Plant which built a 27-kilometre gas pipeline from Owaza in Ukwa West Local Government Area to the Osisioma Industrial Estate in Aba where Geometric Power is located. According to authoritative reports published in Businessday and other respectable media in the last 10 years, Geometric Power, founded by erstwhile Power Minister Bart Nnaji, signed the gas supply agreement with the Shell Petroleum Development Company (SPDC) for the supply of 40 million standard cubic feet of gas (MSCF) for its four turbines built by General Electric (GE) of the United States, the world’s oldest and greatest electricity equipment manufacturing firm.

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Aba Power, a conglomerate of Geometric Power Group

Each GE turbine used by Geometric Power can generate 47MW, and each needs 10MSCF to fire. Three have been installed, meaning that 30MSCF is required for their operation. Aba and its environs currently do not need more than 100MW, suggesting that Geometric Power does not require more than 20MSCF to fire two turbines to produce 94MW. Yet, it signed in 2009 for 40MSCF. Why? According to Dike Ejike, a mechanical engineer who is an Abuja-based business and engineering consultant, the third turbine is meant to assist the rest of the country by delivering some 47MW to the national grid. A fourth turbine will be installed when the need arises, bringing the total natural gas requirement for the 188MW to 40MSCF.

 Shell, like some other international oil companies (IOCs) such as ExxonMobil, has abandoned onshore and shallow offshore operations in the country due to oil theft, attacks by militants, and community issues. In other words, Shell which was operating Oil Mining Licences (OMLs) 11 and 17 where gas is supplied to the 188MW Geometric Power Plant, has since sold its interests to local operators. The OML 17 local operator is, unfortunately, having challenges affecting its ability to provide gas to the electricity-generating plant.

Engr Ejike has disclosed that the operator has not been able to provide more than 10MSCF to Geometric Power. The consequence is that Geometric Power has been augmenting the electricity it has been generating and supplying to the Aba people by importing power from the Niger Delta Power Holding Company (NDPHC) so as not to disappoint its customers. According to Ejike, the NDPHC presents a bill of at least two billion naira (N2b) every month to the plant!

There is, however, light at the end of the tunnel for the Aba people and their businesses. Cliff Eneh, a former senior manager with the defunct National Electric Power Authority (NEPA) who used to work with the Texas Power and Light in Dallas in the United States, has explained that both the Federal Government and the Abia State government are working tirelessly and closely with Geometric Power and the Nigerian National Petroleum Company Limited (NNPCL) to get a reputable multinational firm to provide sufficient gas to the Geometric Power Plant before the end of September. Once the gas supply issue which, is resolved, Aba will finally achieve the status of the first city in the nation to have constant, quality, and affordable electricity.

This attainment will have significant socioeconomic implications for the whole of Nigeria. The British government, through such Nigeria’s development partners as the Department for International Development (DFID), has been working hard over the years for the resolution of Nigeria’s perennial power problem. It is, therefore, understandable why His Excellency, High Commissioner Montgomery, the British High Commission to Nigeria, led a delegation to the Geometric Power group on Tuesday, August 21. There is still hope for Nigeria. Geometric Power and Abia State are showing the light, and the Nigerian people will ultimately find the way.

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Engr Ubani, an indigene of Abia State, sent in this article from Lagos.

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Opinion

Mr. President, A Path to Avert the Protests

I advocate for a model akin to the 2012 daily gatherings at specific locations. Clear organization and visibility of protest leaders are crucial.

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Mr. Bola Tinubu

By Olisemeka Sunday Obi

As the 1st of August 2024 looms, signaling the date for a planned nationwide protest, I find it prudent to declare my stance: neither I nor my family plan to participate. My rationale is simple—I did not vote for this government. Disappointment in Tinubu’s administration falls to those who cast their ballots for him. I anticipated failure, thus, the current state of affairs does not surprise or disappoint me. As the saying goes, “You can’t disappoint me if you never appointed me.”

Nevertheless, I staunchly believe in the fundamental right of individuals to protest. My earnest hope is that these protests remain peaceful and do not devolve into the destruction of government or private property. Destroying infrastructure only provides an opportunity for government officials to siphon more resources under the guise of reconstruction. Additionally, I urge the police and security forces to exercise restraint and civility in their duties to prevent any human casualties.

Reflecting on past protests, I advocate for a model akin to the 2012 daily gatherings at specific locations. Clear organization and visibility of protest leaders are crucial. The anonymity of the EndSARS movement proved a significant drawback. Setting clear, achievable objectives is essential for assessing progress. During the EndSARS protests, shifting demands after initial concessions led to confusion and undermined the movement’s effectiveness.

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Despite my lack of support for this administration, I oppose protests branded as “EndBadGovernment,” which risk descending into anarchy. Should the government fall, what comes next? Though our electoral system has flaws, it remains possible to elect credible leaders if enough people participate in elections. In a democracy, elections are the most sensible means of effecting governmental change.

As a Public Relations practitioner, I believe the government can preempt this proposed protest through effective PR strategies, not merely communication. The current approach of silencing dissent through propaganda and misinformation is counterproductive. The government needs to genuinely engage with the populace, bridging the glaring disconnect.

Over a year into office, it is disheartening to see presidential spokespersons still blaming the opposition for public discontent. Their role should be to manage perceptions, transforming hostility into sympathy and prejudice into acceptance. An informed public, aware of the government’s plans, can shift from apathy to positive action through effective communication.

I advocate for the President to directly address the nation, outlining clear plans to tackle food insecurity, rising inflation, and the cost of living. Focusing on imaginary adversaries is futile. True leadership influences positively; if opposition voices sway public opinion, it signals the government’s loss of popularity and effectiveness.

Moreover, the President’s words must be matched by actions. It is incongruous to urge citizens to tighten their belts while government officials indulge in frivolous spending. From the executive to the legislature, and even the judiciary, ostentatious expenditures erode public trust. A father cannot claim poverty to his children while continually acquiring personal luxuries and expect their belief and trust.

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There is undeniable hunger in the land. The populace needs to see the government’s action plans and feel a connection with their leaders. Enough with sending aggressive spokespersons to attack citizens crying out for basic necessities.

Additionally, the government must show empathy and transparency in its dealings. Regular updates on policy decisions and progress can foster a sense of inclusion and trust among the people. Open forums and town hall meetings where citizens can voice their concerns directly to government officials will bridge the communication gap and mitigate frustrations.

Economic reforms should also be at the forefront of the government’s agenda. Policies that directly address unemployment, stimulate local industries, and provide social safety nets will alleviate the economic pressures driving the protests. A clear, actionable plan for economic recovery, communicated effectively, can restore hope and reduce the impetus for public dissent.

Lastly, collaboration with civil society organizations and grassroots movements can provide valuable insights into the needs and aspirations of the populace. By working together, the government and these groups can develop sustainable solutions that resonate with the people. This inclusive approach can transform potential protests into constructive dialogue and national progress.

To the protesters, if you must take to the streets, please do so peacefully and avoid destroying public or private properties. Protest to live, not to cause harm.

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Olisemeka Sunday Obi is a Public Affairs Analyst based in Lagos.

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Opinion

“JUSTICE RREFLECTS PUBLIC OPINION”

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By Abraham Ogbodo

I have known Dr. Reuben Abati almost from the cradle. We were not only in the same university but the same department. When he was leaving University of Calabar in 1985, he had in his bag, all the prime prizes. The best graduating student of the University which meant he was also best in the Department of Theatre Arts and the Faculty of Arts. I can therefore say without fear of being contradicted that he is not pretentious. He is brilliant; intellectually loaded to the brim. He left two years ahead of me which does not in any way suggest he is older. He was apparently faster and more brilliant. His law degree at the Lagos State University was a latter day addition after he had earned his PhD from the University of Ibadan and in fact already on the Editorial Board of The Guardian Newspaper.

  Of late however, Dr Abati has been projecting rather too forcefully his legal background on the Morning Show programme on Arise TV which he co-anchors with two others. He gets tutorial and even magisterial as he pushes through all the fine points of law when occasion calls for it. He was at his best last Friday following the Supreme Court’s affirmation of the election of President Bola Ahmed Tinubu in the February 25 presidential election and dismissal of the appeals of the PDP and LP candidates, Alhaji Atiku Abubakar and Mr. Peter Obi the day before.

  Altogether, Abati sounded as if law is not also common sense. As if procedural law is sacrosanct and no matter the weight of evidence, a procedure cannot be overtaken to lay substantive claims or facts. He was a kind of saying the law is independent of truth and even if justice is not served in the process but the law is duly followed, the outcome should be applauded to high heavens. This is taking the Realist School of Jurisprudence too far. The school that says law does not have to go on an endless excursion for meaning beyond what the court says. It is best captured in the words of American jurist, Oliver Wendell Holmes that: “The prophesies of what the courts will do and nothing more pretentious are what I mean by the law.”

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  It amounts to open acceptance of the tyranny of the court, however, on the fundamental assumption that the operating and human agent in the court system is rational and far from being a tyrant. That way, the court for instance, will not say crime, without punishment, should be statue-barred or vitiated by the mere passage of time and a very short time for that matter. Such is the consolation and indeed the intention of the realist school. It was not propounded to lead the court into a web of legalese and reverse its very essence as the temple of justice.

  If I may ask, what is law if it does not serve the purpose of justice or the hopes of the people? No jurisprudence aspires higher than the aspirations of the people or subordinates justice and morality to law. Law itself fails woefully if it only massages the intellect and ceases to be an instrument for social justice. The Supreme Court in any legal system is beyond reproach. It can only fine tune itself. Beyond it, no legal arguments stand. Its role in jurisprudence is enormous and it does not include the convenience of hiding behind procedural infractions to obfuscate substantive law and justice. On the contrary, the Supreme Court is remarked for its boldness to rise up to the exigency of changing the position of the law to serve justice and the hopes of society.

  The strongest reference point in jurisprudence today, Lord Alfred Thompson Denning, did not ascend that height by just running with extant codes. Real jurists are defined by their audacity to push the frontiers of substantive law and morality to enrich Jurisprudence. They do not mark time forever upholding the law even when the law has become anachronistic and a clear affliction to society. Needless to say that the majesty of law is its inherent dynamism to translate to justice. For, in truth and as noted by Lord Denning; “law is not an end in itself but a means to achieving a fair and harmonious society.” It is also not some technical game to be manipulated for personal advantages by experts but a “force to be applied with wisdom and compassion” by the sitting judge to serve society.  

  I also heard Dr. Abati saying public opinion does not matter in law. Really? The thing about law is that it is 110 per cent intellectual intimidation and posturing. Whoever holds the high end in sheer sophistry and pedantry also stands on a high ground in real advocacy. Whereas the law may have just an intention, what makes it an interesting practice is the near infinite capacity of its practitioners to create intentions and intrigues to detract from the real intention.  From where does common law, including written and codified law, derive if law is so insulated from its human setting.

The truth is that such legal maxims can only stand firm if other things remain equal. If in any context the ratio decidendi , that is, the reason for the judgment, repudiates facts and common sense and instead celebrates methodology or even mediocrity, public opinion will rise irrepressibly like the morning sun whether you like it or not. The position is that public opinion matters and there had been reviews of case laws on the strength of public opinions alone. For instance, the M’Naghten Rule which set the test for the defence of insanity in criminal responsibility, especially in a murder charge, was forced by public opinion.

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  The views of Dr. Abati were to receive huge validation by Chief Robert Clarke (SAN) who was on the Arise TV Morning Show programme last Frday to specifically discuss the Supreme Court’s decision of the previous day. Abati must have felt within himself like the first and only winner of the Nobel Prize in Jurisprudence as Papa Clarke loaded him with encomiums for a job well done. The only additional point made by the old lawyer was the call for the reordering of the statutory frame work so that elections can be decided by the electorate in the polling booths and not in court rooms by judges. Excellent point I must say.

  As God would have it, while Abati and the old lawyer were in the television studio engaged in a rigorous post-ruling advocacy to dress up the Supreme Court, an old Judge, Justice Musa Dattijo Muhammad who retired after 36 years on the bench, 11 of which were spent in the Supreme Court, was reading his valedictory speech to dress down the Supreme. Details of the speech are too heavy to fit into this purpose. It is important to note that Justice Dattijo is more than just an eye witness. He was an active participant. He was the second longest serving Justice of the Apex court and next to the Chief Justice of Nigeria (CJN) Olukayode Ariwoola. The balance of probabilities tilt heavily in his favour.

  It was like the Supreme Court was put on trial in the court of public opinion and while Abati and the old lawyer appeared for the Supreme Court (I will resist using ‘defendant’), old judge appeared for aggrieved Nigerians. The thesis and antithesis are in search for a synthesis. The verdict lies both in history and posterity. GMTNews

_Abraham Ogbodo started his journalism career in 1989 in The Guardian Newspaper. Retired in 2019 as the Editor of the paper after 30 years of reporting across subject matters. He has been in private business since retirement. He is member of the Governing Board of Cecilia and Michael Ibru University, Agbarha-Otor_.

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