Archive for the ‘smh’ Category

Kai, stop bringing up such a senseless topic. How can you be raising such a sensitive political matter at a palm wine joint? And please, stop denigrating baba by likening him to your failed Jonathan. Jonathan failed all of us and that is why we all voted him out, including you. You were part of the change. Sai baba! Baba for life! Baba and Chelsea are the same. I love baba just as I love the blues. We will vote him again in 2019 if he agrees to run. Sai baba. Why are you laughing now? Does this sound funny? I have my dagger here to finish your life fa!

Sorry, I wasn’t laughing. But why are you this ferocious? Does viciousness run in your blood or is it because you are from… Where are you really from sef? Anyways, it doesn’t really matter. I hear most of your people are like this. You must not talk about their pinup even when they are being roasted by the same obsession.

Grammar…but who told you baba is roasting us? Are we chickens? Besides, your people are more violent than my people. I hear sound of bombs and grenades coming from there every now and then. They are claiming they own the entire country. Is it not only Boko boys that are troubling my people? Have you ever heard of kidnapping and militancy around my area? Take your time please! Sai baba!

I can’t just control this laughter but in a rancorous manner. Did I hear you say sai baba again? Well, I remember how it was activated. We all started with the stimulation of ‘sai baba,’ but at the middle of last year, some people started chorusing ‘why baba’. I have heard ‘chie’ baba from a few people and very soon, it will be ‘haba baba.’

Shut your ‘moronic’ and odious mouth. Buhari can never end up like Jonathan. Forget about what PDP is saying. They are trying everything possible to sabotage his government. I will continue to support baba, even if…

Even if what? Baba has failed us; he has even failed the group he used in removing Jonathan. I mean…ennnnn. What’s the name of the group again? This Oby Ezekwesili’s group, I mean that Aisha Yesufu’s group.

You mean BBOG?

Exactly! Can’t you see that they are now asking baba to be cautious, if not he will end up like Jonathan? In fact, they are like cat and dog now, and baba does not want to see them. I wonder why he is doing that, even when they staked everything for him and helped him win the election.

What did they stake for him? Are you daft? Did you ask why they formed the group? It was for appointment, but since baba only considered one of them, the rest are now angry. Could he have appointed all of them as Ministers? It’s not fair. Do they think baba is too old that he can’t decipher blue from white?

But he used them? Why is he now refusing to dine with them?

Because they are making impossible demands. They are asking baba to rescue the abducted Chibok girls. Is that not suicidal, I mean cheerless? How can you ask our President to go to the Sambisa forest to liberate those girls? I pity the security forces in the forest because it’s an awkward task. No government can rescue those girls. The forest is a noxious zone. After all, your Jonathan said the abduction was a facade’ so why troubling my baba?

Gbam! You don dey speak oyibo now. But baba said he was coming to rescue those girls or has he now agreed that there were no such girls?

Baba is also a politician. Baba is not just a military man. A politician capitalizes on every little opportunity to triumph over his challenger. At least, he got our votes with the sentiments of that abduction. Whether true or false, baba has won the election and now he is our President. He used the group wellaaaa.

Tufiakwa! He is not my President. I wish Jonathan won. I regret everything today. The sleepless night, the argument at newspapers stands, the social media campaigns and everything. I think I betrayed my people who would have preferred Jonathan to continue.

Jonathan would have killed this country.

So what has your Buhari done to this country so far? Revived it? Name one thing that your baba has done positively?

Okay wait…he has decimated Boko Haram.


Don’t you read papers and press releases? Do you know why SK Usman always uses ‘remnant’ when he is issuing a press statement on Boko boys?

Talk is cheap!

Be serious my friend. The era of Boko Haram is over.

How can you say that? Where then are the abducted Chibok girls? Where is Shekau? Is he now dead for the third time?

You see, you don’t read. Shekau is a title. They have killed two title holders. One was recently wounded on the arm.

That sounds very funny. So we can say Shekau, the Emir of Sambisa. How many of the dead bodies have they recovered? How did the military know he was injured in the last raid? If they could be specific about the nature of the injury he sustained in the raid, then why didn’t they capture him or are they turning Sambisa to Boko Haram forest reserve? Very soon, the military will tell us the name of the hospital Shekau was taken to, and mention even the name of the doctor handling his case. Abeg, don’t let me derail from the topic. All I know is that baba has done nothing. He is living on his past glory.

Thunder fire you! Will you stop this nonsense?

No! The nonsense makes sense.

No sense. Jonathan finished our economy before baba took over.

But baba said he was coming to change things. Was he coming to lay blames? He studied the economy and said there was need for change. Now people are already saying we need to change the change. And I’m wondering what he has changed so far?

So many things.

Like wounding Shekau in the arm? Like promising that we will soon be out of recession? Like taking pump price of fuel to N145. Like promising that price of rice will soon fall from the current N20,000. Like completing the Abuja- Kaduna rail project Jona started? Honestly, he has tried to convince us to be a little patient with him. He may end up being worse than Jonathan. If I want to juxtapose, then I will say Jonathan was the best president we didn’t give a chance.

You are mad! You call yourself a media practitioner, yet it’s only at ‘palm wine joint’ you can claim super man in politics. How many articles have you written against the government of the day or are you afraid too?

I’m not afraid of anything. What is there to be afraid of? Is this situation not even worse than prison? What’s the difference? Didn’t you see Dasuki that day? That man don chop up. At least, he has rest of mind. Ask other journalists. People have refused to give brown envelops because they are also managing to survive. Many companies are folding up. Even Dangote is wailing, so I’m no longer afraid. Even Salkida willingly handed himself over to the security forces the other day.

Nonsense! ‘Jagbajantic’ bear parlour journalism. No matter the badbelle, baba will bounce back.

I won’t take it personal with you. I will be here next week to continue the argument with you. But remember I bought a bottle for you today, so you must return same next week. This is an era of change.

Useless man! Where is the money? I’m even thinking of how to survive this weekend. I have only 500 naira left for tomorrow’s garri. You know a cup now sells for as high as 50 naira.

Call baba to epp you. After all, who him epp for this country?

Ali Adoyi is an Abuja based journalist.

The Folly of “Do Not, Touch Not” Righteousness


For as many as are led by the Spirit of God, they are the sons of God” (Romans 8:14).

The Apostle Paul is known for his strong stance on morality for Christians, even as he is known to wrestle against the legalism of the Jews (Gal 3).  He taught that Believers are free from the Law of Moses (which he also called the Law of Sin and Death (Rom 8:2)), but emphasized that we are now slaves of Christ (to imitate Him in righteousness).  He walked a thin line between GRACE and TRUTH, speaking much about our liberty and our chains (1 Cor 7:22).

There is a danger for anyone who walks this thin line of Grace and Truth to slip over to one side on an issue they feel strong about, and to the other on an issue they are weak about, so that they are more gracious to themselves and more judgmental of others.  In the wake of liberty, error came into the Church by those who used their liberty as an occasion to the flesh (Gal 5:13).  We see that Paul had to chastise the Corinthians strongly for sins of fornication.  Perhaps they thought that since they were no longer bound to the Jewish Law, anything goes.  Paul had to set them straight.

Some went to the other extreme of forbidding marriage and requiring abstinence from certain foods, and Paul saw and addressed their error also (1 Tim 4:3).  Even though Paul was a strong advocate for singleness, and desired that all be like him, and remain unmarried, he knew that it would be wrong to forbid marriage.  In Christ, singleness is better, as attested by Jesus Himself (Matt 19:10), but God does not force His will on us, and grants us grace to choose, within legitimacy.  One of the legitimate conditions placed on marriage for Believers was that their spouse also be found in Christ (1 Cor 7:392 Cor 6:14).

However, having expressed his preference and given his counsel, Paul spoke much about sexual morality, which is applicable for the married and the unmarried.  His consistent counsel was to flee from sexual immorality (1 Cor 6:18), flee youthful lusts (2 Tim 2:22) and avoid all appearances of evil (1 Thes 5:22).  He had reason to be so zealous on this issue, because as he taught, and as Jesus also told us, our bodies have become the abode of God (1 Cor 6:19-20John 14:23).  Therefore, we are to submit our bodies as a living sacrifice to God, and not do anything that would defile His Temple (Rom 12:11 Cor 3:16-17).

If we are not renewed in our mind (Rom 1:2), and do not have the Spirit of Christ, we will miss Paul’s teachings, and we will twist them – whether to justify ourselves or to glory in our flesh (2 Pet 3:16).  We need the Spirit of Grace and Truth to receive his teachings and apply them in a way that will bear fruit.  But what many have done, as many did in his time, is return to a legalistic mindset about righteousness.  They took GREAT counsel, and turned it into a series of do not, touch not, look not etc. laws (Col 2:21).  But there is a great foolishness in this, though it often appears as wisdom (Eccl 7:16).

Those who are free are told that it is a sin for them to drink alcohol, to eat certain foods, to take certain drugs, to dress or dance in a certain way, to go to certain places, to have certain affiliations, to watch or listen to certain things, to read certain literature…and so on.  All these doctrines have their root in legitimate godly counsel to avoid all appearances of evil, to have self control and to keep oneself holy and unpolluted by the world (Jam 1:27).  But if the aim is to dictate or spell out righteousness, then we do not understand what makes for righteousness.

Holiness seems to be an evasive quality that one cannot attain to, unless you cut out everything that is of the world.  And that is where you get people who isolate themselves, who start their own communities, who refuse to work for money, who exalt poverty, who constrain themselves and others to a life of celibacy, among other things…all in the name of being holy.  They cannot appreciate that holiness is not in the amount of things you don’t do, but your ability to choose righteously between two options byknowing God intimately.  Holiness is in day to day submission to God.  It is found in relationship and not in commandments.  Jesus died for this purpose!

What unfortunately happens for a lot of these people who are sincerely fleeing from all appearance of evil and shunning worldly associations, is that they lose touch with God.  They are so fixated with the rules, that they become too holy for God and the people God wants them to influence and lead.  And besides that, they often do not live up to the rules they put in place, which have a form of righteousness; so they are hypocritical.  They teach others to abide by their standards while falling short themselves.  If they do meet up, it only increases their self-righteousness.

I believe this is why Jesus warned His disciples to be weary of the leaven of the Pharisees, which is hypocrisy (Matt 16:6Luke 12:1).  It is so subtle how it creeps in, and how we move from grace to truth to error, because we couldn’t navigate the thin line between grace and truth.  These are far more concerned about avoiding all appearances of evil than showing love to all men.  But love is the fulfillment of the Law (Rom 13:10Gal 5:14).  You can actually avoid the appearance of evil, and still do evil, like the Pharisees.

Though they might say do not drink alcohol, they may engage in secret drinking.  And so, even though it isn’t a sin to drink alcohol, because they THINK that it is and the TEACH that it is, they are condemned for doing what others can do legitimately (Matt 7:2).  The same applies for any of the other rules they may teach.

It is interesting to me that Jesus said “…practice and observe everything they tell you. But do not do what they do, for they do not practice what they preach” (Matt 23:3).  The truth is their teachings may not be wrong at all.  It is better not to drink alcohol.  It is better not to smoke.  It is better not to marry.  It is better not to watch, read or listen to anything that will stimulate your mind to emotional or physical lust.  But these things are not sinful in themselves.  It is easy to judge by appearances, but we must be careful because that is how the Pharisees judged Jesus for enjoying food, drinking wine, hanging with prostitutes, being touched by women and so on (John 7:24Matt 11:19).

The things that pertain to righteousness are intangible, e.g pride, greed, hate, envy, dishonesty etc.  Righteousness is a quality of one’s heart, which will result in right doing.  You cannot be righteous by doing right, while your heart is still not right with God (1 Cor 13:1-3).  That is the kind of righteousness the Pharisees had, self-righteousness.  But Jesus said that our righteousness much EXCEED that of the Pharisees, if we want to attain to Heaven (Matt 5:20).  Our hearts also must be pure (Matt 5:8)!

If your heart is pure, then your deeds will be pure too…even if they look evil to others.  So though Jesus’ drinking of wine was pure, He was accused of being a drunkard!  Those who make unrighteous judgments never consider that their judging is wrong, but only that the things they are judging are evil, hence Jesus’ rebuke to first take the plank from your eye (Matt 7:5).

But those who are pure and right before God judge all things and are condemned of no one (1 Cor 2:15-16).  They know that before sin manifests in the physical, it has already been established in one’s heart.  Jesus spoke of true righteousness in His Sermon on the Mountain, saying, “you have heard it said, but I tell you…”  He went to the heart of the matter, showing the righteousness of God’s judgments.

The most popular reference to the condition of our hearts is where Jesus said that “But I tell you that anyone who looks at a woman to lust after her has already committed adultery with her in his heart” (Matt 5:28).  This is where the battle for sexual purity is fought and is won.  It is not fought with a mind that is focused on what one cannot or shouldn’t do, for that is meditating on your desire to do, and is therefore counter-productive.  With such a mind, you will find a way to justify yourself to do what you ought not to do…while you haven’t actually won the battle against lust in your heart!  It is far better to focus on “whatever is true, whatever is honorable, whatever is right, whatever is pure…” (Phil 4:8).

The heart is where all spiritual battles are fought and won or lost.  Jesus said that “a man is not defiled by what enters his mouth, but by what comes out of it” (Matt 15:11).  He went on to explain to His disciples, saying “…don’t you see that whatever enters the mouth goes into the stomach and then out of the body? But the things that come out of a person’s mouth come from the heart, and these defile them. For out of the heart come evil thoughts—murder, adultery, sexual immorality, theft, false testimony, slander. These are what defile a person; but eating with unwashed hands does not defile them” (Matt 15:17-20).

Let’s be sincere with ourselves, and address the root of unrighteousness, rather than looking for the manifestation of evil.  Righteousness is not found in do not, touch not doctrine, otherwise, the Law of Moses would still be in play (Gal 3:21).  We have the benefit of the Holy Spirit, who dwells in us, and Christ has promised that He will lead us into all truth (John 16:13).  He is all gracious and all loving, so we won’t fall into self-righteousness or hypocrisy by following His lead.  And we must entrust each other to His care, so that He will prune us all, as only He can do, so that we may bear fruit unto righteousness (John 15: 1-2).

This I say then, Walk in the Spirit, and ye shall not fulfil the lust of the flesh” (Gal 5:16).

God bless and keep you.  Amen

A Synopsis:

The much derided immunity inherent in Section 308 of the 1999 Constitution is not applicable once the individual protected under the section ceases to function in an immune capacity. Period. Also, in rendering our judgment on whether to amend or expunge Sec 308 from our Constitution, we should take cognizance of the fact that not all Governors are corrupt. Adding to that, the section does not protect or immunize serving members of the National Assembly from criminal or civil prosecution for unlawful conduct committed while in active capacity as a legislator. Finally, Section 308, as written and intended, does not extend to Legislative or Parliamentary Immunity, referred to as Speech and Debate protection. Therefore, the section should be left intact. Executive immunity enhances harmony in a democratic political system that would, no doubt, be eroded, if the President and Governors are exposed to the vagaries of our judicial system. Most importantly, arrest and trial of those protected under the section, would paralyze activities in the affected states or at the federal level, as the case may be. That was the rationale and legislative intent of section 308 of the 1999 Constitution – defined as the thinking of the drafters based on public policy considerations. On the question of whether the immunity follows a Governor to the Senate or House of Representative, the answer is a capital NO. Immunity, for all intents and purposes, is office specific. It is neither perpetual nor inalienable. An ex-Governor who is presently a Senator or a member of the House of Representative is subject to investigation, indictment, or prosecution to the full extent of the law for any fraudulent conduct authorized by him or executed at his command. In sum, corruption, embezzlement of public funds and squandering of riches in Nigeria are seemingly insurmountable, because of the unwholesome and, if I may add, unwritten collaborative resolve of those in the judicial branch – a monumental national crisis compounded by the inability of those vested with law enforcement power (AG, Police, EFCC, and ICPC) to develop new mechanisms with a view to combating abuse of discretionary power (adjournments and injunctions) by judges, as well as, the procedural rigmarole (delay tactics) perfected by defense counsels. We must be bold, resolute, and creative in our search for real justice. And our approach to assets forfeiture and recovery must be purposeful and nondiscriminatory.


To Amend or Not to Amend:

At the just concluded retreat organized by the Ad-Hoc Committee on Constitutional Reform in Port Harcourt in River State, on May 27, 2012, Sec 308 of the 1999 Constitution that deals with immunity came up for discussion, and as expected, there was a demand for its review, amendment, or a total repeal.  For the purpose of record, Sec 308 (1) of the 1999 Constitution of the Federal Republic of Nigeria, does not by any stretch of the imagination shield or immunize any serving member of the National Assembly from indictment or prosecution for any crime committed before and during his or her term of office. 

And on a more disturbing note, the habit of Governors who have already completed their two terms, rigging and buying their way to the Senate or the Lower House with a view to evading civil or criminal prosecution for fraudulent conduct committed as Governor is outright ludicrous. Because there is no immunity covering past misconduct. Simply put, the immunity as it is in Section 308 of the 1999 Constitution, as amended, is not about the person or the conduct. It is specifically speaking, about the office. In other words, the beneficiary of the immunity clause is subject to investigation at the cessation of the protected period – as long as there is probable cause to do so on the part of law enforcement agencies. And the conduct can be revisited and reviewed to the extent of its inconsistency with established laws and orders governing the office.

Similarly, the over-hyped immunity allegedly enjoyed by serving members of the National Assembly from criminal or civil prosecution for criminal wrongdoing or fraudulent engagement is a complete fiction. Because the immunity, in the context in which it is perceived by Nigerians, is non sequitur – it does not exist as such. Therefore, the brouhaha surrounding the alleged immunity enjoyed by “lawmakers” is grossly misplaced, and the assault on Section 308 is unwarranted.

Our law enforcement agencies (Attorney General, ICPC, the Police and EFCC) should wake up to their responsibilities. Section 308 does not shield any member of the National Assembly from prosecution. Period. This is not a matter for debate; it is a statement of fact. Executive immunity is unrelated to Speech and Debate related Parliamentary Immunity. Also, it does not preclude law enforcement agencies from investigating those protected under the section (President, Vice President, Governor, and Deputy Governor) for involvement in unjust enrichment.


For ease of understanding, I would like to reproduce the entire Sec 308 of the 1999 Constitution verbatim. The Section provides:

(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section –

(a) No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;  

(b) A person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and

(c)  No process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued: Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.

(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.

(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office. 

From the language of Sec 308 above, there is no part of it that tends to shield a member of the National Assembly from indictment for crime committed while in office as a member of the National Assembly or in a previous office as Governor or Deputy Governor. Specifically, Sec 308 (3) reads: “This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.” Emphases mine.

That is Section 308 of the 1999 Constitution for you! The Section applies only to “period during which the person holding such office is required to perform the functions of the office.” In other words, a Senator or a member of the House of Assembly is not that “person” and does not need to perform the functions of a Governor while serving as a member of the National Assembly. Therefore, Sec 308 does not by any stretch of the imagination shield any of them from prosecution for criminal wrong doing that took place while serving in an earlier immune capacity or while they were in office as Governors or Deputy Governors.

The same is true of President and Vice President. In that case, you could conveniently, and rightly so, indict and prosecute any of the today ex-Presidents or Vice Presidents, if you have probable cause to do so. But first, a prima facie case for unjust enrichment must be established. That’s it. It doesn’t take rocket science to accomplish that, knowing full well the antecedents of Nigerian thieving Governors. So, the problem is not the law or the constitution, but application and the attitude of those vested with power of enforcement.

Rationale and Public Policy Arguments:

In spite of everything, the immunity under Section 308 of the 1999 Constitution is well-meant. The President, or as the case may be, a Governor, is not suitably placed to enjoy the luxury of time defending lawsuits, whether frivolous or meritorious, while in active duty as Governor or President.

Our proclivity for lawsuit knows no bounds; removal of that immunity clause from our constitution would in all probability end up doing more harm than good to our fragile constitutional democracy. Every Ademola, Usman, and Okechukwu, as well as members of the opposition parties would, through frivolous lawsuits and spurious petitions, incapacitate sitting President, or Governors as the case may be, without regard to judicial ethics or the concerns of Nigerian voters. And in the process, take them off course from real and purposeful governance.

In essence, executive immunity enhances harmony in the political process that would, no doubt, be eroded, if Presidents and Governors are exposed to the vagaries of our judicial system. Adding to that, arrest and trial of those protected under the section, would paralyze activities in the affected states or at the federal level, as the case may be. That was the rationale and legislative intent of section 308 of the 1999 Constitution – defined as the thinking of the drafters based on public policy considerations.

There is no doubt that the benefits of the Immunity Clause outweigh the defects. The defects, if at all, are traceable to the inability of those empowered with law enforcement obligations to make the Constitution live up to its true purpose as the supreme law of the land.  To that extent, it requires diligent performance (prosecution) as expected of true fiduciary (EFCC, the Police, ICPC, and the AG). It’s all about the interpretation, audacity, and genuine intent to fight and surmount the ills of corruption and unjust enrichment that irredeemably wrecked a supposedly great nation-state.

We should not act on the impulse of the moment and abrogate a constitutional framework that is imbued with the right ingredients to serve worthy national purpose – growing our democracy and  simultaneously, ensuring stability in the political system.

Granted, our core leadership team is made up of some of the most vile, greedy and shameless opportunists you could ever find on the face of the earth; be that as it may, we cannot embark on constitutional amendment just to accommodate our idiosyncrasies and every unfortunate aberration. That’s retrogressive political evolution. What would you do, if God willing, we are fortunate to have selfless and honest leaders at the helm of affairs? Amend the constitution once again to align with the new reality? No. We can do better.

We must be proactive, creative, and sincere in our approach to war against corruption and assets recovery or forfeiture. Those who are known to be corrupt should be apprehended, prosecuted, and made to forfeit their illegally acquired wealth to the state as soon as they cease to function under the protection of Section 308. According to the FBI (Federal Bureau of Investigation), “Many criminals are motivated by greed and the acquisition of material goods. Therefore, the ability of the government to forfeit property connected with criminal activity can be an effective law enforcement tool by reducing the incentive for illegal conduct. Asset forfeiture takes the profit out of crime by helping to eliminate the ability of the offender to command resources necessary to continue illegal activities.”

Today, there are thousands of fraudulent Nigerians out there on the street, including former Governors and former Deputy Governors, as well as former Presidents and former Vice Presidents, known to have fraudulently enriched themselves with public funds. They are living free and living large on our wealth. And we watch. They have no immunity and they enjoy no immunity. But we watch. They are yet to be apprehended and prosecuted by the law enforcement agencies, in spite of the fact that these fraudulent Nigerians and ex-political leaders do not enjoy any atom of immunity.

It is indeed very sad that some sections of the Nigeria political establishment, including opinion leaders and public affairs commentators so gotten embroiled in that perverted notion that once a Governor or Deputy Governor ceases to function as Governor or Deputy Governor, or is elected to the Senate or House of Representative,  he or she is still immune from arrest and trial for the unjust enrichment perpetrated as Governor or Deputy Governor. That is complete baloney. The immunity is office specific – it is over at the end of the protected period. The same rules apply to President and Vice President.

Therefore, the Section should be strengthened in order to serve the intended purpose, and not diluted by any means. Immunity and unjust enrichment are mutually exclusive. That we want to strengthen our democratic values via some constitutional mechanisms doesn’t translate to encouraging official misconduct. The rationale was to engender purposeful governance, to ensure uninterrupted governmental activities at the state and federal levels consistent with fundamental principles of democracy and rule of laws. The major constraint is the nonchalant culture prevalent within the judicial branch bordering on procedural rigmarole – unnecessary adjournments and frequent injunctive orders, without reasonable excuse or a show of irreparable harm or injury to the defendant.

Moving Forward:

Fellow Nigerians, whatever we do, we must not lose sight of the underlying imperative, designed to engender consistency and robust democratic values in our troubled political system that Section 308 represents. Therefore, we must be bold about consolidating those democratic values, without regards to the race or the social status of the culprits before and during trial. That is the first step to renewing Nigeria. It is about equal rights and justice.

You steal, you steal! Period! Availing your client with the defense of interim or permanent injunction in a clear-cut case of embezzlement as perfected by our reputable and highly respected lawyers is overtly aiding and abetting malfeasance. Injunctive relief is a discretionary (equitable) remedy – it is not a judgment on the merit with respect to the substantive case. He who comes into equity must come with clean hands, goes a legal maxim. Not exactly in Nigeria. What is so irreparable a damage about standing trial to defend allegation of fraudulent engagement against you?

If your hands are clean, and you rightly believe that you are innocent as charged, then, be willing to stand trial and defend the allegation of unjust enrichment instituted against you, instead of resorting to procedural mumble jumble to circumvent real justice. And that, my friends, is our real problem; not Section 308. This is the time we should all stand up and demand for curtailment in the grant of injunctions and other discretionary reliefs by our Judges. It is now left to EFCC to train its lawyers on how to surmount any of such motions in our regular courts. Because there is a threshold that the movant must meet to sustain any motion for injunctive relief. That, of course, is outside the scope of this essay.

As an addendum, I want to make it abundantly clear that I am not against capitalism or private ownership or private acquisition of wealth. However, I am unequivocally against over-leveraged capitalism and the prevailing culture of impunity and blatant abuse of political office by those vested with political power. To keep enriching yourself with public funds that you and your children cannot exhaust, buying cars you cannot drive or landed property you barely use shows stupidity. It is not fair. It is not right. And it is morally repugnant. If you have no idea of any capital project deserving funding; let education be free at all levels, because quality education, by any standard, is the best investment in the life of a child. Or, if that is not good enough, connect Marinna, across from Tafawa Balewa’s Square, linking Apapa and Mile Two to the Lagos/Badagry Expressway in Lagos State by an over-head bridge or an underground rail system. That is a bold project. ‘A good transportation network is important to all societies and it is vital in sustaining economic success in modern economy.’ 

Thank you.

Alex (Ehimhantie’Aiyo) Aidaghese


If you are here reading this very paragraph, it means you are now one of the thousands intellectually curious Nigerians who made this article the number one on this Blog – the most searched and the most read piece of legal opinion and constitutional review piece within the Nigerian social media scene in the past three years. On October 21, 2014, the Conference Committee of the National Assembly on Constitutional Review retained Section 308 of the 1999 Constitution as it was originally written. We made the case – a compelling case for retention – you spread the news, the Conference Committee concurred, and the rest is now history.  AA May 15, 2015


INTRODUCTION TO JUDICIAL ACTIVISM: Making a Distinction Between Criminal Wrong Doing and The Profits of Crime, Otherwise Known as Unjust Enrichment

(By the way, what you are about to read is not part of the article. It is simply an academic exercise for those who care. For a start, the likelihood of its happening in real life or in this generation in Nigeria is very remote).

The question is: Can we indict and prosecute a sitting President, Vice President, Governors and Deputy Governors for fraudulent and unjust enrichment perpetrated while in office under the premise of “a nominal party” pursuant to Sec 308(2)?

The answer is not absolute. But first, you must be ready to engage in semantic war with the presiding judge and the defense counsel (the lawyer representing the defendant) with respect to the definition or meaning of a nominal party.

We could, in all sincerity, institute a civil action to recover or recoup the fruits of crime or unjust enrichment, if we are, applying preponderance of the evidence standard, able to prove that the owner of a specific property or bank account (e.g. President, Vice President, Governor or Deputy Governor) is only a nominal party – someone not directly involved in the case. But he or she is nevertheless connected to the case by virtue of his or her ownership of the property or bank account in question.

In other words, they are immune, but not their illegally or fraudulently acquired wealth. EFCC is within its power to seize and forfeit their properties and bank accounts to the State as long as we can prove that they are fruits of corrupt enrichment. Thus, it is probable to conclude that Sec 308 (2) does not shield or immune a sitting President, Vice President, Governor or Deputy Governor from forfeiting to the Nigerian people, landed properties or Bank accounts fraudulently acquired, if a civil action is instituted against such landed property and bank accounts. Once again, Sec 308 (2) provides: “The provisions of subsection (1) of this section [that is the immunity] shall not apply to civil proceedings against a person [that is President, Vice President  Governor and Deputy Governor] to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party [not directly connected].”  Emphasis mine. It is the same thing as arguing: since you are not directly connected (a nominal party), invariably your houses and bank accounts are not immune from seizure and forfeiture, because the suit is after your property, and not you as a person. 

To that extent, owners of a fraudulently acquired property or bank accounts – for example, President, Vice President, Governor and Deputy Governor – cannot avail themselves with the defense of immunity under this section, if they are only indirectly or tangentially connected to the action – a nominal party. Thus, Subsection 308(2) provides cover for EFCC, ICPC, and AGF, if they want to go after the loots of a serving President, Vice President, Governors, or Deputy Governor. Provided the action is in rem (property) and not in personam  (the person).

I want to reiterate that the action is only after the fruits of crime and not the crime itself. Adding to that, the case is not against the perpetrators of the crime or fraud, but just the loots. If you want to call it prosecutorial activism, so be it. As I said earlier, you must be ready to do battle in English Language regarding who “a nominal party” is. So it is not just establishing a prima facie case for unjust enrichment, but being able to establish by preponderance of the evidence the extent of the disconnect between the perpetrator and the unjust enrichment (bank accounts and property) that would justify civil trial or forfeiture.

Finally, given that it is a civil trial, you do not need to prove anything beyond reasonable doubt. Even if that is the standard (proof beyond reasonable doubt), you do not need to crack your brain worrying if you can prove your case beyond reasonable doubt, when trying to convict a Nigerian thief. Evidence are readily available. He is a stupid thief who rightly or wrongly believe that he cannot be convicted, even when caught in the act – he has substantial accumulation of your money – our money – to hire the best of lawyers to pervert the justice system through laughable motions for adjournment. 

(Be that as it may, it requires legal erudition and a willing court to be able to argue a motion based on the above premise. By the way, this is simply an intellectual voyaging or a fishing expedition, because no Attorney General or IGP would in his right sense institute a case against a sitting President or Governor in Nigeria to recoup illegally acquired wealth).

Thanks once again for coming this far.

Mr. Alex (Ehimhantie-Aiyo) Aidaghese*

President & CEO Alex and Partners

Skype: ehi samuel (Skype)

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Tel: =1 234 708 695 1511

Abuja Nigeria

Nigerian-Senate-LogoThe cost of Governance in Nigeria is a huge unjust strain on the nations economy. if nothing is done by the present Buhari administration, then there will be no room for meaningful development in the country. Do you know that a Nigerian senator earns more in Salary than US President and David Cameron of the UK. I’ll leave you to tell how much Nigerian President goes home with at the end of each month.

In the United States, while the minimum wage is $1,257 (N191, 667), a US lawmaker earns $15,080 (N2.3m) per month. In the United Kingdom, a lawmaker earns $8,686 (N1.3m) monthly while the gross national minimum wage is $1,883 (N283, 333) per month. Also, Nigerian lawmakers earn higher than their counterparts in Sweden. With a monthly pay of $7,707 (N1.2m), a lawmaker in Sweden will need to work for over 12 years to equal what a Nigerian senator earn per annum. An Indian lawmaker must work for at least 49 years to earn the annual salary of a Nigerian senator.

The president of the United States takes home an annual salary of $400,000 (N64.156,0m), including a $50,000 expense allowance making the president the highest paid public servant in the US. The $400,000 includes everything and $350,000 out of it is taxable.

The details of the remuneration of an average Nigerian Senator is detailed below; (and there are some allowances that will make you wonder if this people have a conscience or not).

  • Basic Salary (B.S) – N2,484,245.50
  • Hardship Allowance (50% of B.S) – N1,242,122.70
  • Constituency Allowance (200% of B.S) – N4,968,509.00
  • Newspapers Allowance (50% of B.S) – N1,242,122.70
  • Wardrobe Allowance (25% of B.S) – N621,061.37
  • Recess Allowance (10% of B.S) – N248,424.55
  • Accommodation (200% of B.S) – N4,968,509.00
  • Utilities (30% of B.S) – N828,081.83
  • Domestic Staff (70% of B.S) – N1,863,184.12
  • Entertainment (30% of B.S) – N828,081.83
  • Personal Assistants (25% of B.S) – N621,061.12
  • Vehicle Maintenance Allowance (75% of B.S) – N1,863,184.12
  • Leave Allowance (10% of B.S) – N248,424.55
  • Severance Gratuity (300% of B.S) – N7,452,736.50
  • Car Allowance (400% of B.S) – N9,936,982.00
  • TOTAL MONTHLY SALARY = N29,479,749.00 ($181,974.00)
  • TOTAL YEARLY SALARY = N29,479,749.00 x 12 = N353,756,988.00 ($2,183,685.00)

* EXCHANGE RATE: $1 = N162 (Hopefully the Naira will get back to where it was as at December 2014 when this analysis began)


  • * Britain – $105,400.00
    * United States – $174,000.00
    * France – $85,900.00
    * South Africa – $104,000.00
    * Kenya – $74,500.00
    * Saudi Arabia – $64,000.00
    * Brazil – $157,600.00
    * Ghana – $46,500.00
    * Indonesia – $65,800.00
    * Thailand – $43,800.00
    * India – $11,200.00
    * Italy – $182,000.00
    * Bangladesh – $4,000.00
    * Israel – $114,800.00
    * Hong Kong – $130,700.00
    * Japan – $149,700.00
    * Singapore – $154,000.00
    * Canada – $154 000.00
    * New Zealand – $112,500.00
    * Germany – $119,500.00
    * Ireland – $120,400.00
    * Pakistan – $3,500.00
    * Malaysia – $25,300.00
    * Sweden – $99 300.00
    * Sri Lanka – $5,100.00
    * Spain – $43,900.00
    * Norway – $138,000.00

The funny thing is that the standard of living and the Gross Domestic ratios of most of the above countries are well high than that of Nigeria.

In terms of lawmakers’ salaries as a ratio of GDP per capita, the gap is even much wider. While the salary of a Nigerian lawmaker is 116 times the country’s GDP per person, that of a British member of parliament is just 2.7 times.

The average salary of Nigerian worker based on the national minimum wage is N18,000.00, So, the yearly salary is N18,000.00 x 12 = N216,000.00 ($1,333.00)
Remember, Yearly Salary of Nigerian Senator = $2,183,685.00.

Proportion: $2,183,685.00/$1,333.00 = 1,638

It will take an average Nigerian worker 1,638 years to earn the yearly salary of a Nigerian Senator. Thinking on this will just give one an intense heart ache. President Muhammadu Buhari better does something about it or all his proposed effort to redeem the country’s dwindling economy will be a waste. May God help Nigeria.

Earlier on we brought you news of the Explosion in Nyanyan, Abuja.

here is a more Detailed report on the situation from Premium Times

More than 200 people are feared dead in an explosion which rocked an outskirts of Abuja, the Nigerian capital, this morning.

The explosion sounded in a highly populated motor park in Nyanya, less than five minutes drive from the Abuja city Centre.

It is not clear yet how the bomb was ferried into the park, but witnesses suspect it was planted by a suicide bomber.

Several dead bodies now litter the blood spattered park and the expressway leading to the city.

Some of the dead victims and the injured are being taken to hospital by ambulances and vans belonging to the police, the Vehicle Inspection Office, Federal Road Safety Commission, the Nigeria Security and Civil Defence Corps and the National Emergency Management Agency.

Men of the Fire Service trying to Contain the Flames

Men of the Fire Service trying to Contain the Flames

Ambulance taking both Dead and Injured Persons to the Hospital

Ambulance taking both Dead and Injured Persons to the Hospital

The Bus Park littered with Dead Bodies

The Bus Park littered with Dead Bodies

an Aerial View of the Park after the Explosion

an Aerial View of the Park after the Explosion

Our reporter counted more than 50 bodies that were yet to be evacuated.

Several vehicles, including about 12 government-owned high capacity buses operated by the Abuja Mass Transit Company Limited, were destroyed in the attack.

Some of the buses were said to be loaded with passengers when the explosion occurred.

More Pictures Below, Viewer Discretion is advised.

14 Apr Bomb 4



More Bodies

More Bodies

an Injured Victim

an Injured Victim

Bodies being moved from the scene

Bodies being moved from the scene

The management of Ahmadu Bello University (ABU), Zaria and members of the Academic Staff Union of Universities (ASUU) in the institution are currently playing hide-and-seek with the directive by the Minister of Education for the striking lecturers to resume teaching or be sacked.

Also, the local chapter of the union is however distributing relief materials to its members to cushion the effect of the lack of payment of salary for the past five months, while there are pressures on some of the lecturers from their family members to respond positively to the government ultimatum.

As at Wednesday, the school was still empty as the lecturers were yet to comply with the directive, while the university was yet to issue a circular directing the resumption of lectures by the students.

It was gathered that the University Governing Council has been meeting since Monday to find a common ground and an amicable resolution of the impasse.

A highly placed source close to the Council revealed that the council is trying to ensure that the issue is resolved amicably so that we will not have another strike locally when the national strike is called off.

The source said “you see, majority of those in the Governing Council are elected members from the Senate and the Congregation. Ordinarily, those people are not supposed to attend the meeting as long as the strike is on. But ASUU looked the other way so that they will attend the meeting.

“They met on Monday and could not reach any resolution and had to adjourn. The meeting has since resume. But I want to say that they are being careful in carrying out the directive because they are aware of the impact it will have.

“In any case, the school was never closed. Students are enjoying all the privileges they are supposed to enjoy except the absence of lectures. But the question is, who will bring the lecturers to come and teach?

“Even if the school was closed, the only body that is empowered by law to reopen the school is the Senate of the University. In view of the period that has been wasted, a new calendar has to be drawn up and it is the Senate that will do that and members of the Senate are members of ASUU. So, who will draw up that calendar?

“But we are looking forward to a peaceful resolution of the crisis. But the right thing should be done and done fast. I also want to blame ASUU for keeping quiet and not properly explaining the current issue concerning their meeting with the President to the Nigerian people”.

However, the local branch of the union has asked their members to remain resolute and committed to the strike to its logical conclusion and not to resume any academic activity or sign any register that may be opened by the university management.

In their resolution signed by its Chairman, Dr. Kabiru Aliyu at the end of its congress, the branch condemn the threat and intimidation by the government through the Supervising Minister of Education, Nelsom Wike to sack all academic staff and advertise their positions if they failed to return to work by December 4, 2013.

Dr. Aliyu however confirmed that the branch was distributing relief material such as rice, semovita, vegetable oil and cash ranging from between N20,000 to N50,000 to its members.

He noted that the union was not unaware of the pressure from family members on the striking lecturers to resume work in accordance with the government directive, “we are aware of that. But I can assure you that the number is negligible and not enough to have any impact on us.

“However, I am not sure that any register will be opened here. But even if they did, we are also aware that some people will go and sign. But that will not help the situation”.

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Dr Conrad Arriving for trials in 2011

Dr Conrad Arriving for trials in 2011

The doctor convicted of killing Michael Jackson has spoken out for the first time to try to clear his name – and claims the superstar died of an accidental overdose.

Dr Conrad Murray told The Mail on Sunday: ‘I did not kill Michael Jackson. He was a drug addict. Michael Jackson accidentally killed Michael Jackson.’

The 60-year-old heart surgeon – released from prison three weeks ago, having served half of his four-year sentence for involuntary manslaughter – began working for Jackson in 2006.

But it was not until he went to help him prepare for his This Is It come-back tour in 2009 that he saw the devastation of his life.

‘He was in crisis at the end of his life, filled with panic and misery,’ he said.
By the end Michael Jackson was a broken man. I tried to protect him but instead I was brought down with him.’

Murray claims Jackson had been dragged ‘into the abyss’ of physical and mental anguish by the pressures of the tour.

He claims he lived in a state of paranoia and filth: maids were not even allowed to take his underwear to be laundered because he feared they would sell it.

Murray insists he was one of the few people the superstar trusted. ‘You want to know how close we were? I held his penis every night to fit a catheter (Condom) because he was incontinent at night.’

The doctor said Jackson’ 5’11” frame had wasted to little over nine stone, he was suffering from chills, insomnia and mood swings and he was dependent on the prescription drug propofol to help him sleep.

Murray claims he had ‘weaned’ Jackson off the drug the singer called ‘milk’ only days before his death on June 25, 2009.

He believes his insomnia that night was due to withdrawal symptoms from another drug, Demerol, an analgesic better known as pethidine, which had been provided by another doctor without his knowledge.

In a claim, made for the first time, Murray insists that while he was out of the room Jackson got up and injected himself with a lethal dose of propofol after Murray had refused to give him the amount he wanted.

The heart surgeon claims he did everything he could to save Jackson. Whether or not you believe him, he has clearly convinced himself.

He says the singer had told him shortly before his death that their names would become ‘inseparable.’ When Murray asked him what he meant ‘he smiled and said: ‘I am clairvoyant.’

Murray has filed an appeal against his conviction.

Micheal Jackson, months before his demise

Micheal Jackson, months before his demise

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Pastor Tunde Bakare CPC Vice Presidential Candidate in 2011

Pastor Tunde Bakare CPC Vice Presidential Candidate in 2011

The Running mate to Maj Gen Muhamadu Buhari in the 2011 Presidential election, Pastor Tunde Bakare has opened up on the newly formed All progressive Congress (APC), in an interview. He said that the APC is not a Party to parlee with in the 2015 elections. That the crop of people that make up the party, lack integrity and are looters of public funds.

Here is an Extract from the interview

QUESTION: So, you are not sure if you will participate in the 2015 elections?

BAKARE: With who? The collection of rogues, right, left and central?

QUESTION: Even with the progressives?

BAKARE: Who are the progressives in Nigeria; mention their names? Are you persuaded that they are progressives,
progressive where, taking you where?

QUESTION: The progressives who formed the All Progressive Congress (APC).

BAKARE: If the devil becomes a pastor, Nigerians will attend his church, because they don’t know the true church and they cannot distinguish it from the synagogue of satan. Some of these governors are far richer than their states, because they are looting their states dry. I read in the newspaper that former of Lagos State, Bola Tinubu do not own Oriental Hotel, Shoprite and others. Who is interested in this in a decent society? Something is wrong.

And indeed we at The Freemans Lounge do believe Something is definitely wrong somewhere.

in this new year, we believe you deserve to know the names of those who gave us the worst quotes of the year 2012 and what it was that they said. So here goes.

– “Why is it that each time Barack Obama is about to submit himself for a presidential election and seek a mandate from his people there is a raging, monumental, earth-shattering and record-breaking freak of a storm which kills numerous people in America? What is his source of power?” – Femi Fani-Kayode (November 3rd)

Oh Femi! The man truly is something. Good thing no one is shocked anymore to hear him say stuff like that. Well sir, there is a thing called Google, you should try it out sometimes, it is not, Juju. Ok, let’s save you the trouble: The peak of the American (Atlantic) hurricane season is August to late October and the US election always holds between November 1 and 8. Obama has no hand in either of the two calendars.

– “You can take two litres of acid and shut up.” – Dino Melaye (September 9th)

This Melaye’s tweet, his response to a question on Twitter, was classic. I’ll just say two things about this and shut up. Some of us are lucky in life; we know that the smartest thing to do is never to take a foul-mouthed, ill-tempered, unashamedly hypocritical politician like Melaye seriously. We will live long. The rest of you who continue to think that Melaye means well or is sensible in the least, may you not be forced to swallow acid in 2013.

– “I am even more lenient. When God got angry with the Israelites, he unleashed fire on them. As a considerate man, I am not unleashing fire but simply suspending [Newswatch] magazine” – Jimoh Ibrahim (August 12th)

2012 would be remembered as the year of the Jimoh Ibrahim meltdown. Everything the man touched went under. But despite the number of people now jobless because of him and the creditors he’s been unable to pay, we can at least take solace in the fact that he is a more lenient god.

– “I refer to all the cynics, the pestle-wielding critics, the unrelenting, self-appointed activists, the idle and idling, twittering collective children of anger, the distracted crowd of Facebook addicts, the BBM-pinging soap opera gossips of Nigeria, who seem to be in competition among themselves to pull down President Goodluck Jonathan.” – Reuben Abati (August 26th)

You’ve got to pity dear Abati. This is what happens when you are in competition with a man like Doyin Okupe to win the president’s (or first lady’s) heart. That entire article from which this quote was cut could have made it on this list as one big bad quote. It was that bad.

– “I don’t have any information on that. You don’t expect me to call her and ask ‘when are you returning?’ Is she my mate?” – Spokesman to Dame Patience Jonathan, Ayo Osinlu (September 5th)

This was Osinlu’s response when asked about the first lady who travelled to Germany and refused to return. Surely you must admire this spokesman who respects his mama, sorry boss, so much that he considers it an insult to call her to inquire on when she intends to return from her vacation or rise from the sick bed depending on which rumour you choose to believe.

– “Considering my age, size and past achievements, I don’t think it’s proper for them to call me an attack dog. They should even call me an attack lion.” – Presidential spokesman, Doyin Okupe (August 13th)

Okupe is right, at 60 years old, he’s can’t be called a puppy and he does have quite a few past achievements. But on the matter of ‘size’, how do we verify sir that you’re that big?

– “We must resolve to jointly exorcise the evil spirit behind this darkness… Nigeria needs help.” – Minister of state (power), Hajiya Zainab Kuchi (November 28th)

On the last day a lot of Nigerians would face judgement for false accusation and bearing false witness against evil spirits. Hajiya Kuchi was playing host to South African investors and knew she needed to sound really smart to impress them, so she told them this. Very smart, Madam. Very, very smart.

– “The issue of asset declaration is a matter of personal principle. That is the way I see it, and I don’t give a damn about it, even if you criticise me from heaven.” – President Goodluck Jonathan (June 23rd)

In 2005, a line in the movie, Gone with the wind, was voted as the number one movie line of all time by the American Film Institute. It was spoken by the character, Gable: “Frankly, my dear, I don’t give a damn,” he said. What made it a great movie line was because in those days (1939), it was considered so profane that using it in a movie was very daring. That profanity is what our president brought into all our living rooms during the June media chat. It’s the most thoughtless thing a leader can say to his people. Surprisingly, that was the first time Jonathan would publicly dare God. Nigerians already knew he doesn’t give a damn about us, but did the heavens know he doesn’t give a damn about criticisms from there too?

– “There is no law that says a politician that has been jailed should not be going to the presidential villa. Have you seen Bode George or any of these people and the president kissing…?” – Doyin Okupe defending President Jonathan’s close relationship with ex-convicts (December 6th)

Pause (for 14 years). No, Doyin, we’ve not seen Bode George and President Jonathan kissing. But we’ve seen you… kissing ass.

– “I never promised to reduce poverty. I only promised to create wealth.” – Goodluck Jonathan (November 18th)

Firstly, the quote above is simply not true. The president indeed promised to reduce poverty in at least half a dozen occasions as he campaigned to be president. But that’s not even why this quote is here. It’s here because it doesn’t even mean anything. It’s here because I spent two days trying to figure out if it made any sense at all. It’s here because after he said it some of his aides tried to spin it like he’d made the most profound statement ever. Bleh! That statement is far from profound, I promise you that.


Posted: December 16, 2012 in HMMMM, Naija Scene, smh


Thisday we have witnessed yet another tragic air crash in our nation with the usual attendant loss of life. This is so sad. There is so much death in this country. So many tears. So much evil. So much sadness and so many tragedies.
So many shattered dreams, broken hearts and wounded
souls. So much injustice and insensitivity. So much greed and want. So much bloodshed, blood-letting and blood-spilling.
Welcome to Nigeria-the Federal Republic of Sadism, Failure,
Inequity, Injustice, Wickedness and Shattered Dreams. A land in which “men of God” do not pray but instead sell the annointing and buy private jets. A country
where common decency, kindness and human compassion has no place. A nation in which the rulers pay homage to and make open sacrifices to satan.

A country where ignorance and mediocrity is exalted and in which excellence and knowledge is scorned. A nation in which truth has no place and in which those that tell it are hated and treated with contempt. I weep for my country. May God deliver her from the blood-sucking and relentless demons that plague her.