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OPINION: ‘Our Doc, Who Art In The National Palace’

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On April 23, 1971, the New York Times did a feature on Haitian tyrant, Francois Duvalier, infamously known as Papa Doc. It reported Duvalier as getting Haitian children indoctrinated with a political catechism which parodied Christians’ The Lord’s Prayer, thus: “Our Doc, who art in the National Palace for life, Hallowed be Thy name by present and future generations. Thy will be done at Port‐au‐Prince and in the provinces. Give us this day our new Haiti and never forgive the trespasses of the anti patriots who spit every day on our country; let them succumb to temptation, and under the weight of their venom, deliver them not from any evil . . .”

Since the antonym of democracy is autocracy, is Nigeria sliding into autocracy? Ex-President Olusegun Obasanjo didn’t explicitly say so but believes democracy is dead in Nigeria. Peter Obi shared same view. At a symposium to mark the 60th birthday of former Deputy Speaker of the House of Representatives, Hon Emeka Ihedioha, Obasanjo proclaimed the death of democracy, not only in Nigeria but Africa. In 2008, in an assessment of the state of democracy in Africa, Larry Diamond, American political sociologist and scholar who specializes in democracy studies, submitted that, “the statistics (of the practice of democracy in Africa) tell a grim story.” I will visit these grim statistics presently. Argentine economist, Danielçccc Kaufman and his colleagues at the World Bank, developed six measures with which we can assess the quality of democracy in any country. Africa, Nigeria recorded dismal failure in virtually all of them.

One of the measurements is, voice and accountability. Voice entails freedom of expression and citizen participation in governance. In other words, governmental tolerance for dissent is a major kernel of democracy. In the fawning stampedes by Delta State government apparati last week to defend federal power, you can glean the enveloping tyrannic character of the current Nigerian state. Officials of government had earlier fought mere Nursing school girls’ tantrums in the “See your Mama” viral video against First Lady Remi Tinubu in Asaba. You would think it was a world war. Though minute and seemingly insignificant, but for immediate massive responses on social media, threats to deal with the students would have been activated. I will cite a historical example of tolerance for dissent that showcases the Asaba attempt to silence voices as indicative of undemocratic attitude.

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At the Adeseun Ogundoyin Polytechnic convocation lecture I delivered in 2022 with the title, Re-inventing polytechnic education for 21st-century Nigeria, I cited the example of the first civilian governor of Oyo State, Chief Bola Ige. Sometime between 1979 and 1983, Ige had visited the Ibadan Main Campus of the polytechnic. In their characteristic tantrums, the students became rude and uncontrollable. In an unsparing tongue-lash characteristic of the man widely credited for his lingual exceptionalism, the governor landed the students a fusillade of vitriolic attack. He said: “I am happy your Rector is a holder of a PhD in Animal Science; he will apply it on all of you!” Decency will not permit the reproduction here of the vile and insulting reply, laced with thunderous howls and delivered as a song, with which the students replied Ige. Not long after, some primary school pupils paid Ige a courtesy visit. He ostensibly saw it as an opportunity to even the score. So, in advising the pupils on their life trajectory, the governor told them that whilst walking towards Sango, a street in the capital city, (as metaphor for furthering their education) rather than make a detour towards Ijokodo, (where Ibadan Polytechnic is located) they should rather go straight to Ojoo. Ojoo is the route that leads to the University of Ibadan. That was where it ended. No institutional sanction against Ibadan Poly students.

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Last week, Nigeria erupted in discussions on whether the practice of democracy in Africa, Nigeria had failed. Though concerns about democracy in Nigeria predate Bola Tinubu, they have reached feverish pace today. As we speak, the name Natasha Akpoti-Uduaghan is almost becoming a legislative history in Nigeria. In our very before, a dalliance of senatorial leadership impunity, in cahoots with Kogi government’s democratic irreverence, is about to produce a sour broth that Nigerians will be forced to swallow. The only recourse the people have is to look skywards, with tears coursing down their cheeks and mutter, “Let them cover themselves with the shroud of a thick mortar after shooting an arrow into the sky; if the king of this earth does not apprehend them, the King in heaven surely will.”

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In the same vein, a few weeks ago, an NYSC member who complained about the deteriorating state of Nigerians’ well-being was threatened into submission. I submit that the Asaba event and an earlier Seyi Tinubu’s quest to turn his father into the father of Nigeria in Adamawa State are fatherlizing and motherlizing attempts which are no happenstances. It is the beginning of the mutation of the cells of the opposite of democracy. Duvalier pioneered this seemingly benign misbiology in Haiti. At the beginning of his tyranny, he got his own Villaswill Akpabio-led rubber‐stamp legislature to proclaim him as “Spiritual Father of the Nation.” In the capital city, Port‐au Prince, Duvalier ordered “spontaneous” demonstrations of affection towards him, as it is done on the social media today where thousands of largely illiterate and desperately poor Haitians were tricked to frenziedly scream, “Du‐val‐yeah!” and “Viva Papa Doc!”

The federal government’s infamous odyssey in Rivers State in close to two years now is perceived by watchers of Nigeria’s tottering democracy as a manifestation of a totalitarian tendency. Its cells will spread presently. When they do, we will all be in trouble. The recent tactic was to make a Bukar Suka Dimka of Rivers’ ex-Head of Service, George Nwaeke and claim that he was a witness to suspended governor, Siminalayi Fubara’s alleged treasonable plan to bomb oil installations. The ultimate script is to finally try Fubara for treason. Dimka, you will recall, was the coup plotter who, after his capture in March, 1976, sang like canary to implicate, among others, Major General Illiya Bisalla. His claims were never corroborated, leading to Bisalla’s execution. The viral video of Nwaeke’s wife which affirmed a guerrilla capture of her husband by federal forces so as to incriminate Fubara must have let Nigeria into the window of a frightening re-calibration of Duvalier in Nigeria. Robert Mugabe didn’t just leap into tyranny; he grew, like a mustard seed, into it.

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A cartoon which went viral last week explains the configuration of Nigeria’s present “democracy”. A man with huge double pockets, depicted as “executive,” had inside the pockets castrated urchins tagged as “legislature” and “judiciary”. To explain this unholy matrimony, ex-vice President Atiku Abubakar did away with niceties and diplomatese that are the handmaidens of Nigerian politicians. The Senate President and the National Assembly, he pronounced, are compromised and corrupt. To corroborate Abubakar and the newspaper cartoon, a little over a week ago, taciturn President Goodluck Jonathan drew his own cartoon strokes of the current state of Nigeria’s “democracy”. He accused the three arms of government as being a tripartite axis of evil who were complicit in the Rivers imbroglio. He said: “No businessman can bring his money to invest in a country where the judiciary is compromised; where government functionaries can dictate to judges what judgment they will give.” Jonathan deployed an Indian version of a Yoruba anecdote that illustrates a Nero fiddling while Rome was burning. It tells the story of someone falsely simulating sleep who the Yoruba call Apiroro. The Apiroro is always difficult to wake up. Jonathan’s summary of the power calculus on the Rivers crisis is that, “They are pretending to sleep and waking up such a person is extremely difficult.”

While the typhoon of illicit relationship between the three arms of government was yet raging, a photograph of Supreme Court Justice Emmanuel Akomaye Agim and Minister of the Federal Capital Territory, Nyesom Wike, at the University of Calabar’s Golden Jubilee Special Convocation surfaced on the social media. Immediately I saw it, my mind went to Justice Olumuyiwa Jibowu (1899 – 1959). Jibowu was a fierce judge. The first African to serve in the Supreme Court of Nigeria, first Nigerian High Court Judge and one-time Chief Justice of the Western Region, Jibowu demonstrated that there must never be any unholy concourse between a judge, a lawyer who has matter before him and litigants. He once demonstrated this while he was Judge in the Ondo High Court. Counsel in a matter before him and Federal General Secretary of the Action Group Party, Ayotunde Rosiji, was slated to appear before him sometime in the early 1950s. They were both acquainted as Jibowu had paid Rosiji a visit when the latter came back from his legal studies in Britain. So, the evening before he was to appear before him, Rosiji decided to visit Jibowu in his home. Renowned for his uprightness and probity, though Justice Jibowu attended to Rosiji, when he was to deliver his judgment, he lifted up a sheaf of papers for all to see, which he said was a copy of the judgment he had stayed all night to write. Then, to the shock of everyone, the judge tore the papers into shred. All because counsel to one of the parties had come to see him in his house.

Former Chairman of the National Human Rights Commission (Nigeria), Prof. Chidi Odinkalu, in his anger at this anomaly, cited an earlier pronouncement of such public togetherness as incestuous by Justice Niki Tobi. In his ruling in Buhari vs. Independent National Electoral Commission & Ors (2008), the late Supreme Court Justice warned that “The two professions (law and politics) do not meet and will never meet at all in our democracy… If they meet, the victim will be democracy, and that will be bad for sovereign Nigeria.”

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Let me illustrate the calamity that Justice Tobi foretold with the market. Like any human endeavour, the market has a philosophy. It is constituted by a tripod: the brick and mortar stalls (Oja), marketers (pate-pate) and traders (Onina’ja). On market days, when merchants advertise their merchandise, the soul of the market is not the merchants nor their merchandise. It is the market, which is the people, the traders or the Onina’ja. So, when the market is over, you may see merchants and their merchandise or even the stalls but the soul of the market is gone (oja ti tu). So it is in a democracy. The moment a democracy harbours a complicit judiciary, an adulterous legislature in bed with the executive, the way President Jonathan painted it, the market is over. What is left are mere wares and merchandise (T’oja ba ti tu, a ku pate-pate). When you look, you see democracy on paper, the way you see a mass of quills and feathers on a masquerade, when, in actual fact, the masquerade is long gone. Late dramatist Hubert Ogunde verbalized this flight of democracy when he sang in Yoruba, “Iye l’e o ma wo l’eyin eye o….”

Nigeria’s situation today can be compared to Senegal’s under Abdoulaye Wade. With Wade, rather than rule of law, it was rule of person, otherwise called personal rule. A longtime Senegalese opposition leader, when Wade won the presidency in 2000, as many did in the current government, hopes were quite high for democracy in Senegal. Rather than this, however, Wade drew power and resources to himself and those of his family. By 2007, criticisms from journalists, political activists, singers, and marabouts (Muslim spiritual leaders) or any word from the opposition earned physical intimidation from his goons. Last week, as riposte to Peter Obi’s criticism of present slide towards autocracy, Nigerian presidency told him that, that he could talk freely was a presidential grace. Today, Nigeria grapples with a lackluster economic performance just like under Wade. The Senegalese leader also, like here in Nigeria, mobilized support, according to Larry Diamond, by corrupting and co-opting “religious figures, civil society leaders, local administrators, military officers… with money, loans, diplomatic passports, and other favors.”

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Said a responder to Diamond, “He has destroyed all the institutions, including political parties. He has taken opposition with him and manipulated the parliament. People are so poor and Wade controls everything. If you need something, you have to go with him.” Nigerians must see themselves in that Wade mirror.

Apart from the above indices, there are other measurements of the state of health of a democracy. They include political stability (absence of violence), government effectiveness (of public services and public administration), quality of government regulation, the rule of law. Recourse to violence as means of settling social discord has risen in Nigeria and governments are absent in the lives of the people, leading to self-help. The Uromi, Edo State incineration of travelling northerners is on my mind here. Though another famous theorist of democracy, Richard Sklar, in his “Democracy in Africa” (1983): African Studies Review, Vol. 26, No. 3/4, said “democracy dies hard,” he also submitted that it could “bleed and die” on the altars of repressive rule and lack of accountability. He concluded by saying, “The true executioner of democracy has neither sword nor scepter, but a baneful idea.”

In Nigeria today, democracy might not have died but its balance sheet is scary. Democracy is not in periodic elections, appointments into offices or its persistent mouthing like a refrain. Democracy is about the people. Obasanjo made this known at the Ihedioha colloquium. When, rather than the people, a small clique of politicians are sole beneficiaries of democracy and there is this mass of misery, what we have can better be described as politicians-cracy. There is a regression of democratic culture in Nigeria and hunger is blanketing Nigerians. Human development statistics regress daily, life expectancy is nosediving while dismal level of governance and violent conflicts seize our country by the jugular.

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The good news is that, Larry Diamond said that democracy cannot die. He, however, imputed that it could suffer fatal seizures. It is obvious that today, the Nigerian democracy is gasping for breath.

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Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria

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Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.

Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.

He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.

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“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.

He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.

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When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.

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We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.

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DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.

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IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police

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The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.

Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.

Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.

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All the Commissioners of Police are here and that is why we called this meeting, we have list of things like this that we will want to discuss with the Commissioners of Police, we have told them earlier and we will still let them know that every that happens within their area of jurisdiction falls under their control.”

On the issue of state police, the IGP said: “Since we got the signal that the Federal Government of Nigeria intend to establish State Police and since we are the federal police, we decided to take the bull by the horn and put down our own side of what we believe on how the state police should be run.

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“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”

 

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Court Orders SERAP To Pay DSS Operatives N100m For Defamation

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The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.

The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.

Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.

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Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.

The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.

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In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.

The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.

The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.

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In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..

Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.

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He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.

The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.

However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.

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She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.

Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.

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He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.

Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.

The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.

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The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.

The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

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John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.

They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.

The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).

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John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

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They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.

The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

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“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.

“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”

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