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Governor Umahi’s Defection is Immoral But Not Unconstitutional in Nigeria – Appeal Court Rules

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The Appeal Court sitting in Enugu has upheld the ruling of Ebonyi State High Court which held that the Ebonyi State governor Dave Umahi and his deputy, Kelechi Igwe, did not violate any section of the constitution when they defected from People’s Democratic Party (PDP) to the ruling All Progressive Congress (APC).

The duo has been under intense legal battle with aggrieved members of both APC and PDP over their defection. The Plaintiffs are the candidate of the All Progressives Congress, APC, Ebonyi State, in the 2019 Governorship election, Senator Sonni Ogbuoji and his Deputy, Chief Justin Ogbodo Mbam.

Upholding the trial court’s judgment on Friday, the Appeal Court held that although the defendants’ decision to defect seems immoral, there was no consequence under the law against the defection of the holder of the office of the President, Vice President, Governor or Deputy Governor, to another political party from the party that sponsored the election that brought him or her to office.

A Federal High Court sitting in Abakaliki, the Ebonyi State capital, had on Tuesday, February 28, 2022, struck out the same suit and awarded N500, 000 as damages against the plaintiff.

In the judgment of the Appellate Court, the three-man panel led by Justice J O K Oyowole held unanimously that the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on an investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality. The Panel also acknowledged that the defection of an office holder is not novel to Nigeria’s judicial jurisprudence.

According to the ruling, there was no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowered the Court to remove either a seating Governor or the Deputy from office. Consequently, the Appellate Court dismissed the appeal and awarded two hundred thousand (N200,000) naira against Senator Sonni Ogbuoji and his Deputy, Chief Justin Ogbodo Mbam.

Reacting to the judgment, Counsel to the Defendants, Barrister Roy O. U Nweze said it will be a reference point all over the country.

Dave Umahi and his deputy were last month sacked by Abuja Federal High Court presided by Justice Inyang Ekwo, for defecting to the opposition party APC. The Court held that political parties under which an individual contests an election owns the votes casted.

The Appeal Court ruling has thus deepened the controversy that has accompanied the matter. Legal experts are divided over the matter. Citing previous cases, some have supported the ruling while others have kicked against it. While the Appeal Court judgment may serve as a precedent, the matter will likely end up in the Supreme Court for final ruling. However, the judgment has once again exposed the inconsistencies of the Nigerian judiciary.

Thank You Ethnos for Funding the FUTURE

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Tekedia Institute is excited to announce that Ethnos IT Solutions LTD, a leading cybersecurity and digital forensics company in Africa and beyond, has donated generously to our general scholarship fund. With this funding, more students will attend Tekedia CollegeBoost free.

Typically, we have focused on university students. For this one, we want to reserve all for colleges of education and polytechnic students in Nigeria. We thank Ethnos and CEO Peter Ejiofor for funding the future.

Tekedia also welcomes geeks and innovators from Ethnos who will be spending time with us at Tekedia Mini-MBA which begins on June 6. From the words of CEO Ejiofor: “Confidently identifying, blocking, and preventing today’s threats isn’t easy. The ever-growing number and dynamic nature of threat indicators make it extremely difficult for organizations to respond quickly and efficiently”. – Peter Ejiofor

More open doors and wins for Ethnos. Continue to provide calm in the digital world.

Reviving Nigeria’s Textile Sector Toward Economic Diversification

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Nigeria’s textile industry was the third largest on the African continent, following Egypt and South Africa. It used to employ over 350,000 individuals when all the textile mills in the country were functional.

The aforementioned figure was about 25% of the entire workforce in Nigeria’s manufacturing sector. It was an indisputable note that the said sector was then the second highest employer of labour, following the country’s civil service.

Between 1985 and 1991, record has it that the sector had an annual growth rate of 67%. Survey showed that the number of mills in operation as at then was about 180 and they were all reportedly doing very well, especially the Kaduna Textile Limited (KTL) and Nigerian Textile Mills (NTM) in Lagos, which were the oldest having been established as at 1957.

It’s therefore needless to assert that the now comatose textile industry was one of the booming subsectors of the nation’s economy during the post-independent era. The current pathetic state of the industry could not be unrelated to the level of neglect experienced by it in recent times owing to the overwhelming dependence on oil revenue.

The obvious decline in, or depreciating effect of, the textile industry could be aptly traced to influx of cheaper textile fabrics from China and India, among others, sold at prices the local mills can’t compete with. This ugly trend has resulted in a drastic downfall of the industry.

It would be recalled that in 2010, the Goodluck Jonathan-led Federal Government (FG) placed a ban on importation of textile fabrics. This approach – like other restrictive trade policies as at then – failed to yield the needed result.

Rather than bringing relief in the industry as expected, the above measure regrettably ended up causing the ‘smuggling industry’ to grow more wings. This unfortunate resultant effect made it possible for continued influx of textile materials into the country. It’s noteworthy that at the moment these materials have virtually zero revenue for the government’s coffer.

In a bid to alleviate the excruciating effects of the present realities, in early March 2019, the Central Bank of Nigeria (CBN) led by Mr. Godwin Emefiele, under the watch of President Muhammadu Buhari, made a frantic move on the moribund textile industry by adding textile materials to the list of the already restricted items regarding foreign exchange (forex).

In his words while disclosing the plan to the textile industry stakeholders during a meeting, Mr. Emefiele informed that the restriction would awaken the sleepy sector and ensure the required growth was actualized.

The CBN’s boss, however, disclosed that – as part of the apex bank’s intervention for the industry – it would currently support the importation of cotton lint for use in textile factories with a view that the concerned importers shall start sourcing all the needed cottons locally, commencing from 2020.

He further stated that as part of the CBN’s Anchor Borrowers’ Programme, the bank would also assist local growers of cotton towards enabling them meet the entire need of the textile industry domiciled in the Nigerian State. Additionally, he notified that the Mother bank would support Nigeria’s cotton farmers to source high yield cotton seedlings with a view to meeting global benchmarks.

It’s worthy of note that the Nigeria Employers’ Consultative Association (NECA), alongside the Senior Staff Association of Textile (SSAT), applauded the Emefiele-led CBN over its restriction of forex to textile importers, saying it would go a long way in rejuvenating the moribund industry.

In a related reaction, the Lagos Chamber of Commerce and Industry (LCCI) however cautioned the FG over the strong move. In his statement, the Director-General of the body Mr. Musa Yusuf opined that there was need for a strategic approach before such policy pronouncement was made.

Mr. Yusuf argued that given the position of Nigeria in Africa as a leader in fashion, the range of fabrics being produced by the Nigerian textile industry could not favourably support the industry in terms of the quantity and quality required by the consumers. He therefore urged the government to reconsider the CBN’s move, which he described as ‘harsh’.

In his swift response to the argument, Mr. Emefiele clarified that the measures as announced by the apex bank were targeted to revive the Cotton, Garment and Textile sector. According to the boss, “the measures were well thought out to reposition the sector for job creation and economic growth”.

To assert the least, the inclusion of the textile materials into the list of the restricted items regarding forex couldn’t have come at a better time than now. The textile industry is almost going into extinction and the era when the FG is apparently intensifying its diversification mantra.

It suffices to enthuse that the frantic move was, without equivocation, a welcome development and a round peg in a round hole. I’m even of the candid view that the austerity measure ought to have been implemented long before it came on board.

Meanwhile, it’s appalling that two years down the line, absolutely nothing is being felt as regards improvement of the said sector, perhaps owing to lack of policy direction and insincerity on the part of the concerned authorities.

Knowing full well that epileptic power supply has hitherto been an overwhelming plight in the manufacturing sector at large, it’s preposterous to remind the FG that efforts need to be thoroughly intensified towards boosting the said source of energy. This will help tremendously to encourage the prospective cotton millers.

Similarly, towards encouraging the cotton growers, the farmers ought to be made to easily assess funds or low-interest loans to enable each of them purchase the needed machinery. It’s not anymore news that the continual deployment of crude pattern of cultivation and harvest has overtime bedeviled Nigeria’s agricultural sector.

In the same vein, the governments at all levels should equally assist in providing adequate irrigation systems for the farmers domiciled in their respective jurisdictions. The enabling environment must holistically be provided by the governments for business to strive.

Inter alia, acknowledging that policies of this kind are often, in the long run, frustrated by the forex black markets littered all over the country as well as importation smugglers, the FG must seriously implement measures to tactically checkmate these markets and our various borders, respectively.

It’s quite appalling that a few years after the policy was reportedly implemented by Nigeria’s apex bank, nothing tangible has been achieved in the country in regard to the textile sector.

Hence, the concerned stakeholders and authorities must be prepared to fish out the bad eggs militating the progress of the lofty initiative. 

Russia-Ukraine War: U.S Urges African Countries To Respond Strongly To Russia’s Aggression

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Following the Russian-Ukraine war, which saw Russia’s forceful invasion of Ukraine, the United States has once again urged African nations to strongly respond to Russia’s aggression. They further disclosed that they are setting up plans on how to help reduce the economic effects of the Russia-Ukraine conflict on the continent, knowing full well that some countries in the region have been greatly affected.

According to U.S ambassador Jessica Lapenn, in her words, “We look forward to a strong African response to Russia’s aggression and welcome the opportunity to partner with Senegal and other Africans on both the response to Russia’s aggression but also to address the implications of it globally”. Recall that earlier in March, nearly half of all African countries abstained or did not vote at the UN General Assembly that demanded Russia Immediately stop its military operations in Ukraine.

This is the second time the U.S is calling on African countries to react aggressively to Russia’s invasion of Ukraine. The first time they called on African nations, was through its secretary of state Molly Phee who stated that their voices matter in the international community urging them to vote against Russia at the UN general assembly. Recently, due to the strong relations that Senegal has with the West, some officials from the U.S State Department on African affairs paid a visit to the country where they had a meeting with President Macky Mall who currently holds the African Union rotating presidency. Their visit was to discuss with him ways to ensure that the African continent responds to Russia’s aggression.

I still do not understand why the U.S is hell-bent on ensuring that African nations condemn the action of Russia. Earlier in March, the same U.S was slammed by the Pakistan government through its president Imran Khan who had to counter U.S requests by asking them if they were their slaves. The US must understand that every sovereign country, most especially countries in Africa has the right to abstain or condemn Russia’s attack on Ukraine, regardless of whether they are negatively affected by the conflict or not.

I believe any country that wants to condemn Russia’s action, will do so at their own will without necessarily being coerced. The decision of most African countries to stay neutral and abstain from condemning Russia can be traced to issues relating to political, economic, and other considerations. These countries have based their decisions on strategic calculations on the war to avoid making rash statements that will jeopardize their relationship with Russia.

It is a known fact that some countries in Africa, Nigeria inclusive, have significant military alliances with Russia. Some of these countries have depended on Russia to combat insurgencies in their country. In the past, Russian mercenaries have been active in Libya, Sudan, Mozambique, and Mali which has seen them restore peace in war-torn areas. Also, Africa is a key market for Russia’s arms industry, with almost half of all the arms coming into Africa being imported from Russia. 

With Russia being the highest exporter of wheat, most African countries heavily depend on them for wheat and fertilizers which have deepened their economic ties. Seeing all these benefits and many more not listed here that the African continent gets to benefit from Russia, one can reasonably deduce the reason why most countries in the African region chose to stay neutral or abstain.

If African countries decide to heed to U.S statement and go ahead to aggressively condemn Russia’s actions on Ukraine, will it reduce the effects of the war on the African region? I doubt so because such an act will only worsen matters and make Russia aggressive towards the region which will affect them in so many ways. The U.S should therefore respect these African countries’ obvious stance on the Russia-Ukraine war.

BIG ISSUE: With Circular Campaign Promises, Everyone Wants to Be Nigeria’s President

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According to the requirements of the 1999 Constitution, anyone who is a citizen by birth, has attained the age of 35, is a member of a political party, and possesses at least a Senior School Certificate or its equivalent is qualified to be president. These rules have been questioned on numerous occasions and are still being scrutinized in light of the country’s current issues by both state and non-state entities. The argument has been made that citizens who have had the opportunity to be president tended to be older rather than younger. As a result, the age of 35 appears to be feasible on paper. This has recently become a hot topic among young people, who believe they have been denied the opportunity to define a better and more sustainable course for the country’s socioeconomic and political development. The Not Too Young To Run Movement arose from the demand for a “youthful president” a few years ago.

While this article has briefly discussed the requirements for becoming president in Nigeria, as well as concerned stakeholders’ criticisms of the age clause, there is a need for Nigerians, particularly those of voting age,who would go to the polls in 2023 and elect a new president after President Muhammadu Buhari’s term expires, to understand circular campaign promises of the senior citizens who expressed interest in contesting for the presidential position.

Our analyst investigates several well-known politicians and professionals’ recent expressions of interest. Analysis reveals that all the candidates repeatedly duplicated campaign pledges made by previous politicians dating back to 1960. They largely believed that the key problems of the country are bad economy and insecurity. According to them fixing these challenges would bring sustainable development in Nigeria. This was the same proposition of President Muhammadu Buhari in 2015. Then, President Buhari believed that the ruling party and previous administrations largely failed to utilise available resources for benefit of all citizens and placing the country among the top developed economies in the world.

Exhibit 1: Interested Citizens’ Solution Index based on Total Areas of Country’s Needs

Source: Infoprations Analysis, 2022; Nigerian Newspapers, 2022

In terms of adopting the same past campaign pledges in their EOIs, Governor Aminu Tambuwal of Sokoto State, former Vice President Atiku Abubakar, and former governor Peter Obi of Anambra State stood out. Former President of the Pharmaceutical Society of Nigeria, PSN, Sam Ohuabunwa and the All Progressives Congress leader, Senator Bola Ahmed Tinubu followed the trio (see Exhibit 1). Our analysis also revealed that the aspirants thought Nigeria had become more divided in recent years. As a result, a leader who can unite all the regions is required. This was more Aminu Tambuwal’s, Bola Tinubu’s, Atiku Abubakar’s, Bukola Saraki’s, Peter Obi’s, and Nwachukwu Anakwenze’s position.

As the election for 2023 approaches, our analyst believes that voters and players in electoral and political institutions must consider the country’s issues beyond basic necessities and improving economy locally. This is required since the country must meet a number of regional and global commitments by 2050. For example, none of the politicians and professionals thought it was appropriate to discuss Nigeria’s foreign policy if they were elected.

Exhibit 2: Interested Citizens’ Focus Areas

Source: Infoprations Analysis, 2022; Nigerian Newspapers, 2022