News From Nigeria
It takes time to form a country. It takes patience and dedication to change attitudes. When people from disparate places and cultures are brought together to form a Nation, it is never easy. In the long run, the tears and toil are worth it because the interactions lead to expansion of consciousness which drives human progress.
The journey of nationhood is not for timid souls. It was never easy for countries like India and China to rise. These countries have more divisions, ethnic, religious cleavages and groupings than we can ever imagine. The main thing that worked for them was that they never gave upstart military officers the chance to upend their civilian administration and throw their country into a fratricide war.
In times of distress, there are people in Nigeria who still look to the military for solutions. This is shameful. The military caused our problems. How did we arrive at this place where a lot of Nigerians still think the military have solutions to our problem? Are these folks’ victims of Military Induced Mental Retardation (MIMR) (pronounced Mama)? These people still think this way despite the overwhelming evidence to the contrary. This is the reason why the various legislative bodies have not seen it fit to abrogate the decrees of the military that ruled Nigeria on behalf of a certain group of people. This mentality is dangerous to our body politics. This is why a lot of these politicians pay courtesy visits to these soldiers of fortune that turned Nigeria into the Pariah nation.
MIMR is the reason the Nigerian lawyers don’t know their role in a democratic society. MIMR is the reason why we don’t have legal reforms. In a constitution that guarantees freedom of movement, the Nigerian is harassed daily on the highways by state agents.
Are we at war? Why is our freedom restricted? No lawyer has taken the government to court for this constitutional violation. This is pathetic. We need serious legal reforms. The method of appointing judges is very antiquated. We need to know the character of those who will be judges. Knowledge of jurisprudence should not be the only criteria. During the military years, the Nigerian lawyer played the role of stenographer for military decrees, and the judges took their decisions from the soldiers. Now they are playing almost the same role as politicians who have no idea why they were elected. They have abandoned the practice of law to become jesters at the feet of reckless politicians and conveyors of injustice at our courts. Our courts harbor judges who suffocate justice under their robes and consider military decrees of bygone era as a guild post for our state of jurisprudence.
All over the country, you see governors and other politicians seizing and damaging people’s properties without just compensation and there is no lawyer in sight to argue on behalf of the afflicted. A Dangote truck will damage and incinerate people on the highways, and no case is brought on behalf of the victims. The Nigerian Armed Forces go into a village for security duties and destroy the village, no justice for the victims. The governor pays a courtesy visit to the commander in chief. No lawyer files a lawsuit on behalf of the victim. The officer who issued the command to murder sleeping villagers is left to repeat the same scenario in another jurisdiction. We will protest if this happens in Palestine. It is happening in the Democratic Republic of Nigeria where the rights of the citizens are undermined daily by those they elected. These politicians did not gain power by a coup. If you listen to them with your eyes closed, you will think they are military officers who have just gained power through a coup d’etat. They don’t seek consensus. They give directives. Some of them defy court rulings with fanfare. The military infantilized everyone in Nigeria, but they pushed the lawyer back into the womb. This is atrocious.
As a nation, we must consider the fifty-five years of military rule in Nigeria as the years of locust. The journey of great nations is always evolutionary. The military years were the years when hatred of each other became ossified and personalized as the military played us against each other to prolong their power. The revolution is always a lie.
In history, most periods of revolutionary zeal turn to mirage. We will have good leaders, and we will have bad leaders. Each period is an opportunity to learn what to do and what not to do. The rush to think that some army general will appear and use a magical wand to achieve all we wish for is infantile and dangerous. No soldier can develop any nation. Nigeria is a testament to that foolery. It is the willingness of the people to understand the necessity to build bridges and lasting institutions of harmony that moves a nation forward. The rule of law is the cornerstone in this exercise. If we have the rule of law, the Nigerian will feel protected in any place he calls home. Ethnic crisis and tensions will dampen because he knows no matter what happens, the law will protect him from ethnic or religious vigilantism that is the breeding ground for timid souls that are still married to the past.
These people must be made to see the supremacy of the law as the sign of our progress. The journey is arduous, and our dream should be about building frameworks that last beyond our existence, because the nation that we dream of should always be a continuous journey of those who believe in tomorrow and understand that the yearning and aspiration of our people shall never die. This is all we can ask for as we toil in our little corner, to build tomorrow for the next generation.
We must strive to make tomorrow a brighter proposition for those coming after us. It is when we arrive at that place, we can say our work is done. This singularity is love that binds us beyond ethnic and religious proclivities, which robs us of our basic humanity. We can start this journey today and also understand that others who share the same aspirations with us may start their journey tomorrow. The wisdom we seek should give us the patience to know the difference and endure the pain and loneliness of waiting for those who are not ready today but will join us tomorrow.
For those who seek truth, justice and fairness, tomorrow is a distant horizon we must gaze at with hope, endurance and fortitude. Tomorrow is not a destination; it is a state of our being. The futuristic tomorrow may never come but our state of will be fulfilled and rewarded as our collective struggles will build monuments that last beyond our time. That is the tomorrow we seek, a place where our dreams will never die.
DR AUSTIN ORETTE WRITES FROM HOUSTON TEXAS
STATE HOUSE PRESS RELEASE
In honour of President Bola Tinubu’s determined global push to aggressively attract foreign direct investment into Nigeria, the world’s second largest stock exchange, the National Association of Securities Dealers Automatic Quotation System (NASDAQ), on Wednesday in the world’s financial capital, invited President Tinubu to ring the closing bell, making him the first Nigerian President to ever receive the honour.
The President, surrounded by Nigerian business leaders and officials of the Nigerian Stock Exchange, in trademark fashion, did not fail to seize the opportunity presented by the historic moment to boldly advance his foreign investment push as he stood, live, in front of financial markets at the famous stock exchange.
“It’s a great honour for me to be here. I am happy to bring Nigeria to your doorsteps and I am honoured that we are here today with a bubbling Nigerian stock market that will evolve in the West African sub-region. The greatest economy in Africa is Nigeria, there is an immense opportunity in Nigeria where you can invest your money without fear,” the President said.
The President noted that his government continues to address longstanding problems and impediments, such as his work to restore and unify the foreign exchange rate market to a stable and trustworthy level, allowing new investors to seamlessly bring their money into the country, free of worries about whether or not they can take their money out at any point in time.
“You’re free to take in your money and bring out your money. I count on you to invest in Nigeria,” the President exclaimed under the lights.
At the Nigeria-U.S. Executive Business Roundtable held just after the closing bell, President Tinubu assured prospective investors that while he recognizes that investment capital is cowardly in nature, he intentionally brought successful Nigerian industrialists and public officials to share their experiences and operational plans respectively, in addition to all that he has already done to boost the confidence of the global investment community in Nigeria’s presently reforming fiscal, monetary, regulatory and tax policy environment.
“Nigeria is an opportunity that is impossible to replicate or find elsewhere in any part of the world. We have brilliant young people who both innovate and consume at a large scale. Our entrepreneurial spirit is a major part of what makes our market totally unique, aside from demography. Nigerians build businesses and Nigerian businesses partner with other businesses to conduct larger business. There is enough value to spread around. Be careful of what you hear about Nigeria. You may be dissuaded out of a major opportunity that others will take up. We are here for you. We will give you all the support you need to succeed and succeed abundantly,” the President assured the roundtable as he pointed out cabinet officials.
On behalf of the U.S. Government, U.S. Deputy Treasury Secretary, Wally Adeyemo, told U.S. business leaders that he was just a few hours removed from arriving in New York from Lagos, Nigeria, where he was on an official visit that later became a fact-finding mission.
“In Lagos, I saw first hand some of the major reforms you implemented as the Governor of Lagos and the transformative effect it has had on Nigeria’s commercial capital. People have attested to the fact that the reforms you have put in place as President are quickly enhancing confidence. American business is paying attention to that and from what we have seen for ourselves, Nigeria is proving to be a new frontier for investment. We will encourage our companies from our end as those reforms continue to deepen,” Mr. Adeyemo said.
The American Business Council President, Mr. Sops Ideriah, said that the extensive turnout at the roundtable by American Business Chief Executives served as a testament to the degree to which confidence is rising in response to the actions and words of President Bola Tinubu’s administration with respect to ease of business, investment promotion, and his willingness to personally intervene where required to ease the historical concerns of American business people about doing business in Nigeria.
“Having all the stakeholders in the room, His Excellency the President of Nigeria being here, from government actors at the federal and state level to ministers and tax authorities present, as well as private sector industrialists in Nigeria. We are very positive about the potential of Nigeria and we are just reinforcing to our colleagues the message about the economic opportunities that exist there,” Mr. Ideriah said.
Acting Chairman of the Federal Inland Revenue Service (FIRS), Mr. Zacch Adedeji, assured the American Captains of Industry that under the leadership of President Bola Tinubu, the nation’s apex tax authority will be focusing its efforts not on taxing the seed, but only on the proportionate taxation of the fruit of fully formed industry, through efficient policy synergy with Nigeria’s sub-national authorities.
“The President is a business enabler, not a handicapper. Everything we do will be geared toward making your tax assessment and payment processes as digitally efficient and transparent as possible. We are not after the seed, but the fruit and we will keep to this commitment,” Nigeria’s new tax boss affirmed.
Chief Ajuri Ngelale
Special Adviser to the President
(Media & Publicity)
September 21, 2023
Probe missing $15bn, N200bn of oil revenues, SERAP tells Tinubu
Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to “set up a presidential panel of enquiry to promptly probe the grim allegations that over US$15 billion of oil revenues, and N200 billion budgeted to repair the refineries are missing and unaccounted for between 2020 and 2021, as documented by the Nigeria Extractive Industries Transparency Initiative (NEITI).”
SERAP urged him to “name and shame anyone suspected to be responsible for the missing and unaccounted for public funds and to ensure their effective prosecution as well as the full recovery of any proceeds of crime.”
SERAP also urged him “to fully implement all the recommendations by NEITI in its 2021 report, and to use any recovered proceeds of crime.”
In the letter dated 23 September 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “There is a legitimate public interest in ensuring justice and accountability for these serious allegations. Taking these important measures would end the impunity of perpetrators.”
SERAP said, “As President and Minister of Petroleum Resources, your office ought to be concerned about these damning revelations, by getting to the bottom of the allegations and ensuring that suspected perpetrators are promptly brought to justice, and any missing public funds fully recovered.”
The letter, read in part: “Any failure to investigate these grave allegations, bring suspected perpetrators to justice and recover any missing public funds would have serious resource allocation and exacerbate the country’s debt burden.”
“It would also create cynicism, suspicion, and eventually citizens’ distrust about the ability of your government to combat high-level official corruption, as well as deter foreign investment and limit growth and development.”
“We would therefore be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.”
“The findings by NEITI suggest a grave violation of the public trust and the provisions of the Nigerian Constitution 1999 [as amended], national anticorruption laws, and the country’s obligations under the UN Convention against Corruption.”
“The allegations of corruption documented by NEITI undermine economic development of the country, trap the majority of Nigerians in poverty and deprive them of opportunities.”
“Your government has a constitutional duty to ensure transparency and accountability in the spending of the country’s wealth and resources.”
“According to the 2021 report by the Nigeria Extractive Industries Transparency Initiative (NEITI), government agencies including the Nigerian Petroleum Development Company (NNPC) and the Nigerian Upstream Petroleum Regulatory Commission (NPDC) failed to remit $13.591 million and $8.251 billion to the public treasury.”
“The NNPC and NPDC failed to remit over 70% of these public funds. NEITI wants both the NNPC and NPDC to be investigated, and for the missing public funds to be fully recovered.”
“The report also shows that in 2021, the State Owned Enterprises (SOE) and its subsidiaries (the NNPC Group) reportedly spent US$6.931billion on behalf of the Federal Government but without appropriation by the National Assembly. The money may be missing.”
“The NNPC also reportedly obtained a loan of $3 billion in 2012 purportedly to settle subsidy payments due to petroleum product marketers but there is no disclosure of the details of the loan, subsidy and the beneficiaries of the payments.”
“The report also shows that N9.73 billion was paid to the NNPC as pipeline transportation revenue earned from Joint Venture operations but the money was neither remitted to the Federation nor properly accounted for. The NPDC in 2021 also failed to remit $7.61 million realized from the sale of crude oil.”
“The report documents that about N200 billion was spent on ‘refineries rehabilitation’ between 2020 and 2021 but “none of the refineries was operational in 2021 despite the spending.’ NEITI wants the spending to be investigated, as the money may be missing.”
“Section 13 of the Nigerian Constitution 1999 [as amended] imposes clear responsibility on your government to conform to, observe and apply the provisions of Chapter 2 of the constitution. Section 15(5) imposes the responsibility on your government to ‘abolish all corrupt practices and abuse of power’ in the country.”
“Under Section 16(1) of the Constitution, your government has a responsibility to ‘secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.’”
“Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”
“Similarly, articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on your government to ensure proper management of public affairs and public funds, and to promote sound and transparent administration of public affairs.”
“The UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party obligate your government to effectively prevent and investigate the plundering of the country’s wealth and natural resources and hold public officials and non-state actors to account for any violations.”
“Specifically, article 26 of the UN convention requires your government to ensure ‘effective, proportionate and dissuasive sanctions’ including criminal and non-criminal sanctions, in cases of grand corruption.”
“Article 26 complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption allegations.”
“Nigeria is also a participating state of the Extractive Industries Transparency Initiative (EITI), which aims to foster greater governmental accountability for the use of natural resource wealth through the creation of a set of international norms on revenue transparency.”
“EITI also aims to tackle corruption, poverty and conflict associated with natural resource wealth. Nigeria has the obligations to implement the EITI Standard, which sets out the transparency norms with which participating States including Nigeria must comply.”
Kolawole Oluwadare
SERAP Deputy Director
24/9/2023
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
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