Category: Features

  • Clara Pulido: Daughter of Fidel, friend, sister, comrade.

    Clara Pulido: Daughter of Fidel, friend, sister, comrade.

     

    By Owei Lakemfa.

    CARLOS Trejo Sosa was perhaps the friendliest Cuban Ambassador I ever knew. He was a wise, widely travelled man with deep knowledge of Cuban sayings and proverbs which he said mainly emanated from Africa.

    When in 2016, he received the Ooni of Ife, Oba Enitan Ogunwusi, he told him: “We are the same family. I am an African. Do not mind my colour. When you go into my gene, you will know that I am an African.”

    A personal friend of many of us who identified with Cuba, Carlos told jokes and loved a good laugh. He loved teasing one of us, Abdulkareem Motajo who had studied in Cuba. One day, as we stood discussing, Motajo switched to Spanish.

    However, Carlos insisted he spoke in English, but Motajo persisted. A laughing Carlos told me Motajo does not want me to hear what he was saying. With that, he dragged me away to tell me what Motajo was trying to hide.

    When after the 2019 Afro-Cuban Conference in Abuja, Carlos told me he was leaving Nigeria, I felt sad and told him he was the friendliest and best Cuban ambassador we have ever had. He smiled and said, the ambassador replacing him, was even better. Then came Clara Margarita Pulido Escandell. It seemed Cuba had deliberately trained her to be Ambassador to Nigeria. She had attended University of Ghana, Legon for her Masters and her thesis was on Nigeria politics.

    So she was quite knowledgeable on Nigerian politics from colonial times. She had been ambassador to Ethiopia and the African Union, with concurrent accreditation to Djibouti and South Sudan before becoming Ambassador to Algeria with concurrent accreditation to the Sahrawi Arab Democratic Republic (Western Sahara).

    When I met her and she learnt I had been Secretary General of the Organisation of African Trade Union Unity, OATUU, in Ghana, she exclaimed: “Where is my father?” “Your father?” “Yes, Hassan Sunmonu!” “You know him?” “I was his adopted daughter in Ghana.”

    With Alhaji Sunmonu being my father in unionism, our relationship took off on a flying start. Coincidentally, she shared the same January 7 birthday with Hussein and Hassan Sunmonu.

    Pulido read my twice-weekly columns almost religiously, and after each, she would call to discuss them or send a message. Soon, she started calling me her professor. If in a week or two we were not in contact, she asks for a meeting. When we meet, she would usually say: “Professor, have you ever seen where a teacher abandons his pupil?” She teased the more, my comrade, Abiodun Aremu, the Secretary General of the Joint Action Forum, JAF, who is also a recipient of the Cuban Friendship Medal. Sometimes when Aremu visited from Lagos and we had arguments, she would give a mock salute and say: “Owei, our commander is right”, and we would all laugh.

    She doted over her Nigerian comrades like a mother hen; keeping in constant touch and even linking them up. I could get a phone call from her, and she would say: “You know Mambissa (Tar Ukoh) is sick? Call him.”

    Pulido believed she was Nigerian and emphasised that her political father, the Commandante Fidel Castro repeated in the ears of Cubans that they are over 90 per cent African. She cherished a photograph she took with Fidel when she was Cuba youth leader. Pulido believed that in all likelihood, she was Yoruba.

    Therefore, despite the security situation in the country, she felt quite free to move around. She took serious, invitations her Nigerian comrades extended to her, including visiting their families in their homes.

    She once flew to Lagos to attend a concert at the Afrika Shrine organised by the Amilcar Cabral Ideological School. She also visited the leadership of the Alimosho Local Government as well as some institutions in Lagos. She explained her visits as acts of solidarity which is: “In our gene, our blood and our hearts.”

    Pulido worked round the clock and would sometimes call me late in the night to seek clarification on issues. Needless to say, when I started a weekly radio programme in Abuja, ‘Diplomatic Hour With Owei Lakemfa’, she was my first guest. She also went out of her way to speak to her fellow ambassadors on my behalf, urging them to honour my invitation.

    She was a very effective ambassador of the Cuban people. I recall in a report I wrote that when she met journalists in Abuja on Thursday, February 18, 2021 mainly on the then 60-year American blockage of her country, the elegant Pulido “walked in wearing half boots, a knee-length overall jacket and confidence; the message and the messenger rhymed”.

    Later that year, there were protests and counter-protests in Cuba as a result of COVID-19 resurgence which, with the American blockade that had cost the country a cumulative loss of $1,098,008,000,000 in six decades, had led to shortages of food and medicines. She analysed the situation as being essentially a struggle between revolutionary and counter-revolutionary forces and added as a matter of fact that if things degenerated into street fights, she was prepared to return home to pick up the gun in defence of the Cuban Revolution.

    However, there was no need for her to make a quick return as the huge pro-revolution rallies easily swallowed those of the counter- revolutionaries. In May 2023, having ended her tour of duty, she returned to Havana. We kept in touch through her Cuban number. Then for a few weeks, there was silence from her. But on July 29, she sent a message. She had not been in good health: “But I hope to recover in August. All the best in the world to you and our comrades.”

    Then on August 14, I got a message from her: “Today I will be back at the hospital and tomorrow, I will go into surgery. This is the main reason for my silence, I am not feeling too well, but I hope that things will be better. Take care. Solidarity forever.” When I got home on October 9, I found there had been three missed calls within minutes from Cuban Ambassador Miriam Morales Palmero. I thought it must be quite urgent.

    But before I could call, I got a message from one of my comrades: “Clara is dead.” Numbness. Dizziness. Emptiness. One of the greatest Afro-Cubans, gone at 63!

    Cultural Ambassador Tar Ukoh, sent an ancestral chant for Clarita: “Do we cry? Why should we cry CLARITA? Our Beautiful Daughter. Our Red Rose Sister. Our Afro-Cuban Shield and Spear. From the Womb of our Struggles. Our Cuban gift to Africa! Always with us!” It was quite difficult writing this; how do you say goodbye to a living ancestor? (Flowerbudnews)

  • Surveyors advocate remapping, testing to prevent flooding, building collapse

    Surveyors advocate remapping, testing to prevent flooding, building collapse

     

    By Grace Alegba

    Lagos:   The Nigerian Institution of Surveyors (NIS) has called for creation of a ministry for testing buildings in Lagos State and annual updating of map to curb building collapse and flooding in the state.

    NIS Lagos Branch made the call during its 2023 Mandatory Continuing Professional Development (MCPD) workshop with the theme: “Comparative Analysis of Building Information Model For Structural Health Monitoring,” on Thursday in Lagos.

    The society also advised Nigerians to engage professional surveyors for documentations towards getting genuine Certificate of Occupancy (C of O) to prevent loss of investments through collapse, flooding or forfeiture.

    Chairman, NIS, Lagos Branch, Mr Olukolade Kasim, said the workshop was organised to train and retrain members for best standards to curb the menace of building collapse and flooding.

    (L-R: Mr Femi Fatoki, member, Lagos Branch, Nigerian Institution of Surveyors (NIS); Mr Adedeji Sebiotimo chairman, 2023 workshop planning committee; guest speakers, and others at the association’s 2023 Mandatory Continuing Professional Development (MCPD) workshop on Thursday in Lagos)

     

    According to Kasim, the NIS usually collaborates with all the other six built environment experts including architects, engineers, builders, town planners, amongst others towards construction of solid structures.

    He called for regular monitoring of infrastructure towards determining thier structural health and stability using modern tools like scanners to prevent faults that may develop underneath the earth crust.

    He said regular monitoring of bridges and tall buildings was important, urging the Lagos State government to create a ministry attached to the Surveyor General’s office for the purpose of monitoring and testing buildings.

    He explained that highrise buildings constructed with best globally accepted procedures and standards could become sick as a result of movement underneath the earth, hence the need for periodic tests.

    He cited the example of a bridge at Bonny Camp area in Lagos which was noticed to have one of its pillars shifting before the government fixed the problem to avert collapse.

    “We are recommending that bridges and tall ranking buildings should be monitored periodically,” he said.

    Mr Adedeji Sebiotimo, chairman of the 2023 workshop planning committee, called for annual updating of the Lagos map for proper planning to capture new settlements.

    Sebiotimo, a fellow of NIS and Vice Chairman of the Lagos State Branch, said updated mapping would reveal accurate topography of land either high or low as a determinant of what and where to build without the risks of flooding or collapse.

    “And from the mapping results we will be able to know areas that have infrastructure or those lacking infrastructure in terms of roads or developments, a lot of things can be seen from the map,” he said.

    He said in 2022, 320 surveyors registered for the workshop, but that 495 registered for the 2023 programme, aimed at exposing surveyors to current trends to reshape their knowledge and skills.

    The guest speaker, Dr Joseph Odumosu, explained common errors made by civil engineers and other built environment professionals in trying to hijack the roles of surveyors.

    He advised surveyors not to certify projects that they did not supervise to avoid being liable for unethical practices and failure of the structures.

    Odumosu, a lecturer at Federal University, Oye-Ekiti, said scanners should be used for proper imagery of highrise as well as to determine the health of the buildings using new technologies.

    The second guest speaker, Mr Awofeko Abiodun, said all states in Nigeria had GIS departments, which aims to strengthen Land Information System and Land Administration Systems, but he said publicity was needed for the public to harness opportunities.

    The event had the sub theme: “Application of BIM in Strata Survey: Methodology and Presentation.” (NAN) (www.nannews.ng)/ Flowerbudnews

    Edited by Salif Atojoko

  • Kashmiris Worldwide Marks Kashmir Black Day to Press Demand for self -Determination

    Kashmiris Worldwide Marks Kashmir Black Day to Press Demand for self -Determination

     

    By Danladi Ahmed

    Abuja (Flowerbudnews): Kashmiris around the world are today, October 27, marking Kashmir Black Day in remembrance of the exact day in history, when Indian troops landed in their land.

    Kashmir Black Day is an annual commemoration by Kashmiris across the world
    to mark October 27 as ‘Black Day’.

    Kashmiris around the world are demanding that International community, including
    United Nations and it’s relevant Human Rights Machinery, Civil Society organizations, Media Houses and other defenders of Human Rights to fulfill their obligations towards besieged Kashmiris by playing their part to end the Indian rule of tyranny and oppression.

    A document on the situation Kashmir made available to Flowerbudnews on Thursday in Abuja stated:

    ”Every year, the day is marked to express solidarity and support with Kashmiri people in their struggle for right to self-determination.

    On 27 October 1947, invading troops of India landed in Srinagar on the premise of
    an Instrument of Accession purported to have been signed by the then ruler Hari
    Singh of the princely state of Kashmir a day earlier after virtually losing authority in the
    face of a popular public uprising against the autocracy.

    Informed sources on the situation Kashmir said that ”India has been severely violating
    human rights in Jammu and Kashmir since last 76 years.’

    UN Resolutions 47 of 21 April 1948, 51 of 3 June 1948, 80 of 14 March 1950 and 91 of 30 March 1951 and the UN Commission for India and Pakistan resolutions of 13 August 1948 and 5 January 1949 all indicate that the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations.

    ”Numerous international, UN organizations as well as UN Special Rapporteurs to Indian Government have since reported gross violations of human rights in Indian Occupied Jammu and Kashmir.

    On 5 August 2019, the Government of India revoked the special status of Jammu
    and Kashmir by illegally and unilaterally abrogating Article 370 and 35A of the Indian
    Constitution thus dropping all pretense of acceding to a referendum.

    ”India’s proclamation has never been accepted by the UN, which still continues to list Kashmir
    as disputed territory and subject to the Security Council’s self-determination resolutions.

    The state of press freedom in Jammu and Kashmir has also been a matter of
    concern for several years now. Since India revoked the region’s special status in 2019,
    the situation has deteriorated significantly and journalists in Jammu and Kashmir are
    facing intimidation and fear.

    The spate of detentions and arrests of journalists in Jammu & Kashmir reveals the distressing pattern of the use of law to target innocent civilians as well as journalists. Kashmiris around the world have always called upon international community to take practical steps in order to stop gross human rights violations and facilitate a peaceful resolution of Kashmir issue as per UN Resolutions and aspirations of Kashmiri people.

    Indian security forces in Jammu and Kashmir have also been using pallet guns to
    control protests and masses seeking freedom injuring hundreds and killing atleast 112
    people followed by international outcry.

    In 2020, Human Rights Watch (HRW) reported
    that Indian Forces are ‘maiming, blinding and killing people’ in Kashmir as they continue
    to defy international norms by using pellet guns..

    In October 1992, representatives from Asia Watch and Physicians for Human Rights (PHR) travelled to Kashmir to document rape and other human rights abuses and violations of the laws of war by Indian security forces.

    Rape is used as a means of targeting women to punish and humiliate the entire community. It was reported that Indian forces committed raped 882 Kashmiri women in 1992 alone.

    The Humanitarian Law Project/International Educational Development documented more
    than 200 cases of war rape from January 1994. Many cases are not reported because
    of the shame and stigma associated with rape in Kashmir. Similarly thousands of cases
    of killings of innocent civilians have been reported in Kashmir.

    The International Covenant on Civil and Political Rights, which India is bound to uphold, is explicit in stipulating that torture and arbitrary killings can never be justified. Amnesty International also reported this in their report ASA 20/17/93 on April 1993.

    With deployment of approximately 900000 Indian Security Personnel, Jammu and Kashmir has been converted into world’s most militarized zone and the largest prison on earth.

    Kashmiris around the world demand that International community including United Nations and it’s relevant Human Rights Machinery, Civil Society Organizations, Media Houses and other defenders of Human Rights to fulfill their obligations towards besieged Kashmiris by playing their part to end the Indian rule of tyranny and oppression.

    Kashmir Black Day is an annual commemoration by Kashmiris across the world
    to mark October 27 as ‘Black Day’.

    On 27 October 1947, invading Indian troops landed in Srinagar, Kashmir to
    embark upon an illegal occupation.

    Since last 76 years, India has committed gross human rights violations which
    have been globally reported by UN commissions as well as international media.

    Resolution 47 (1948) adopted by the Security Council at its 286th meeting on 21
    April 1948 asks restoration of peace and order and the plebiscite in the State of
    Jammu and Kashmir.

    On 5 August 2019, the Government of India revoked the special status of Jammu
    and Kashmir by illegally and unilaterally abrogating Article 370 and 35A of
    the Indian Constitution.

    Since then, the situation has deteriorated significantly and journalists in Jammu
    and Kashmir are also facing intimidation and fear. With deployment of approximately 900000 Indian Security Personnel, Jammu and Kashmir has been converted into world’s most militarized zone and the largest prison on earth. (Flowerbudnews)

     

  • Aaron Greenspan, the American working for Abubakar Atiku, Peter Obi and David Hundeyin

    Aaron Greenspan, the American working for Abubakar Atiku, Peter Obi and David Hundeyin

     

    By Bayo Onanuga

    Abuja:  (Flowerbudnews): Aaron Greenspan, the American working for Abubakar Atiku, Peter Obi and one David Hundeyin is trying to force Washington D.C judge to reverse her ruling on Monday, when she declined to order some US agencies to release post-haste imaginary documents on President Bola Tinubu.

    With the Nigerian Supreme Court set to give its ruling on the appeals by the election losers on Thursday, Greenspan launched the new move Wednesday possibly trying to impress his paymasters in Nigeria that he deserves to be paid for his ‘hatchet’ job. He is undeterred by the disappointment he suffered after the report sent to him by IRS, contains nothing against the Nigerian leader.

    Today, the desperate Greenspan filed two motions. The first was a motion for judicial notice about the case he wants to represent before the court, two days after Judge Beryl A. Howell declined Greenspan’s request on the grounds that he failed to satisfy the relevant conditions for the grant of a motion for emergency hearing, which he filed on Monday.

    The second motion was titled:
    PLAINTIFF’S MOTION FOR RECONSIDERATION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE.

    The wordings reek of desperation that makes one wonder what business a Jewish American, who owns one obscure website in the United States, has in Nigeria’s affairs.

    In his move to make the Washington judge reverse herself, Greenspan attached a discredited, fake story about Nigeria’s chief Justice , published by an online platform.

    Then he prayed the court for the second time in 48 hours, to order the US agencies release President Tinubu’s documents to him.

    “This Court need not hold a hearing to ensure that Defendants are held to their promise to produce documents by the “end of October.” With the end of October having arrived and with every day 24 hours closer to a final, binding decision by the Supreme Court of Nigeria, short of ordering the production of any documents already prepared for release, this Court should at least order Defendants to provide a Joint Status Report within 48 hours that explains their updated plan for producing responsive materials, and specifically whether any responsive materials are already redacted and ready for production”, he wrote.

    Mr Greenspan, you and your sponsors are surely not going to succeed in your desperate moves. You have tried, make sure your masters pay you. (Flowerbudnews)

  • Malam Adamu: Passing of the Waziri Fika

    Malam Adamu: Passing of the Waziri Fika

    By  Is’haq Modibbo Kawu
    (kawumodibbo@yahoo.com)

    Lagos (Flowerbudnews):      When I read a few hours ago, that Malam Adamu, Wazirin Fika, died on a flight, from London, where he had been receiving treatment, I felt really sad, that we’ve lost one of the genuinely venerable old men, of Northern Nigeria.

    It’s without doubt, the closure of an era in our history. The Wazirin Fika would no longer be present amongst us to consult, when in doubt, about aspects of our history, as well as the nuts and bolts of the administrative structures, upon which some of the most impressive achievements in our history were recorded.

    On that fateful morning of November 28th, 2007, Chief Sunday Awoniyi, died in an accident, on the Abuja-Kaduna highway. To be double sure of the story, I placed a call to the Wazirin Fika. He answered me in words that conveyed very deep sorrow: “Yes it’s true, Modibbo, we lost Sunday”!

    Chief Awoniyi had been the person that cemented my relationship with Malam Adamu. For those familiar with the old structures of life in the Kaduna of the past few decades, Wazirin Fika and Chief Awoniyi, were inseparable. One was a channel to the other, and the two, were repositories of all that people recall with genuine nostalgia; the era of dedicated labour, genuine service delivery, and patriotism that was a lived daily reality.

    During my years as Editor of DAILY TRUST newspaper, we were working on a series of interviews with the old men, who had served during the years of the Sardauna of Sokoto, Sir Ahmadu Bello. When I got to the residence of Malam Yahaya Gusau in Kaduna, he refused to do the interview.

    I placed a call to Chief Sunday Awoniyi, who advised me to stay in the residence. A few minutes later, he drove into the compound. Chief Awoniyi asked me to follow him. Mal Yahaya greeted: “Ina kwana, Sunday”, and the reply was “Lafiya Lau, Sir”. Then Chief Awoniyi pressed further: “Modibbo said you have refused to do the interview, but you should sir°. Mal Yahaya turned towards me and replied: “Toh, if Sunday says I should do the interview, then you’re very lucky Modibbo”.

    We did the hour long interview, and headed for Malam Adamu, Wazirin Fika’s residence. We were informed that he was slight indisposed because he had returned from Fika late the previous night and was still in bed. Chief Awoniyi went upstairs into Malam Adamu’s bedroom, and a few minutes later, we were sat in the study for the interview.

    Subsequently, it was a library that would be open to me, as it was to several other people. Just as Mal Adamu was always ready to offer very enlightening insights on administration, history, politics, and even social aspects of life.

    A few years ago, one of the Governors of our Northern States had appointed over 250 Personal Assistants. People were surprised, and I was too. I called Malam Adamu to find out how many Personal Assistants were appointed by the Sardauna, when he ran Northern Region, that eventually became the nineteen northern states. He told me there was nothing like that in the Sardauna’s period, yet there was a consensus, that things were done much better then.

    Malam Adamu had a very distinguished life of service to our country, in several positions, and was to retire as a very respected SGF. Over the next couple of decades, he would continue to offer his remarkae insights to Nigeria, Northern Nigeria and his community in Fika, whenever he was called upon to do so. And because people knew that they would learn a lot from the venerable oldman, they never stopped reaching him to tap from his wealth of considerable knowledge.

    It is part of the mythology of the Northern system, that almost all the top men, from the time of the Sardauna, retired into Kaduna, the old Northern Regional capital. It has always, therefore, been seen as a city of power and influence. Malam Adamu was one the most respected members of that generation, and because Kaduna is one of the three cities that I call home, I’ve been able to see at very close quarter, the roles and positions of people like Mal Adamu, and the culture that they created and nurtured, with roots in the most important early years of Northern Nigeria.

    Unfortunately, many of the venerable old people have died over the past few years, and the country itself has evolved in an increasingly different direction. The demography has changed, and the country is today a country of very young people. These young people are growing up in a world of neoliberal hegemony, which has devastated all aspects of life.

    Our world today, and especially life in Northern Nigeria, now resembles the Hobbesian jungle, with life overwhelmingly “nasty, brutish, and short”. That’s not the world which formed Malam Adamu’s generation. They grew up in a world of transition, where older community values strongly influenced the formation of character, even while becoming educated within the certainties, if they ever were, of colonial society.

    Many of the younger generation might not have even ever heard of his name. But Malam Adamu, Wazirin Fika, represented some of the very best of those truly golden years of Nigerian development. Allah gave him a very long life, and allowed us to tap into the wealth of experience that he acquired over nine decades. In his passing, we arrived at what the old Fullo intellectual from Mali, Professor Hampate Ba, once said. The death of an old African, is the equivalent of the burning of a library. Indeed, a major library has, literally, burnt, with the passing of our very dear Malam Adamu, Wazirin Fika. We are poorer with his passing. Allah ya jikan sa, ya gafarta masa, ya rahamshe shi. Amin. (Flowerbudnews)

    (Is’haq Modibbo Kawu, PhD, FNGE, is a Broadcaster, Journalist, and Political Scientist.)

  • Wike appoints Dr Kpakol SSA on environment, waste mgt

    Wike appoints Dr Kpakol SSA on environment, waste mgt

    Federal Capital Territory (FCT) Minister, Barrister Nyesom Wike has appointed Dr Barivure Fred Kpakol as the Senior Special Assistant on Environment and Waste Management.

     

    This was contained in a statement issued to newsmen in Abuja on Tuesday, by the director of press, in the office of FCT minister, Anthony Ogunleye.

     

    The statement reads in part: “Born on the 26th of May, 1961, in Gokana Local Government Area of Rivers State, Dr Kpakol is a highly accomplished individual with a remarkable academic background. He holds a doctorate degree in Banking and Finance from Rivers State University of Science and Technology, a Master’s degree in Business Administration from the Federal University of Technology Owerri, and a Bachelor of Science degree in Accountancy from Rivers State University of Science and Technology, Port Harcourt.

    Dr Kpakol’s distinguished career has seen him take on numerous roles of high responsibility, demonstrating his capability and dedication to public service. Notable positions he has held include:

     

    “Rivers State Commissioner for Agriculture, where he served with distinction from 2019 to 2023, contributing to the state’s agricultural development.

     

    “Rivers State Commissioner for Finance, a role he held between 2015 and 2019, overseeing the state’s financial affairs.

     

     

     

    “Vice Chairman of the PDP in Rivers South East Senatorial Zone, a position he held from 2013 to 2015, highlighting his commitment to the political process and party development.

     

    “Executive Chairman of Gokana Local Government, where he provided leadership and governance for the local community.

    State Secretary of Rivers State Chapter of ALGON, a significant role he served in from 1999 to 2002, displaying his proficiency in local government administration.

     

    “Dr Kpakol’s wealth of experience and dedication to public service aligns perfectly with the caliber of individuals being assembled by FCT Minister Barrister Ezenwo Nyesom Wike.”

     

    The statement added that the appointment of Kpakol as the Senior Special Assistant on Environment and Waste Management is a testament to the FCTA’s commitment to addressing environmental issues and waste management challenges in the Federal Capital Territory.

    In this role, Dr Kpakol will have a unique opportunity to contribute to the sustainable development and improvement of the environment in the FCT. His background in finance, governance, and agriculture positions him well to address the complex issues related to waste management and environmental conservation

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  • Expulsion of Section 233 (3) from Nigeria’s 1999 Constitution (as ammended); a Limitation on the Appellate Jurisdiction of the Supreme Court

    Expulsion of Section 233 (3) from Nigeria’s 1999 Constitution (as ammended); a Limitation on the Appellate Jurisdiction of the Supreme Court

     

    By Jamiu Agoro

    Abuja: (Flowerbudnews): On the 29th day of November, 2010, by an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999, some of the Section of the Constitution of the Federal Republic of Nigeria 1999 (The Constitution) were amended.

    Of importance to this article is the amendment to Section 233 of the Constitution Pre-Second Alteration.

    Prior to the second Alteration of the Constitution, Section 233 provides for the appellate jurisdiction of the Supreme Court of Nigeria. Section 233 of the Constitution provides for appeals that come to the Supreme Court as of right and those that could only be brought with the leave of court first sought and obtained.

    For ease of reference and clarity, Section 233 (2) of the Constitution prior to the Alteration provides that;

    “(2) An appeal shall lie form decisions of the Court of Appeal to the Supreme Court as of right in the following cases

    (a) where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings before the Court of Appeal;

    (b) decisions in any civil or criminal proceedings on questions as to the interpretation or application of this constitution,

    (c) decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV of this Constitution has been, is being or is likely to be, contravened in relation to any person;

    (d) decisions in any criminal proceedings in which any person has been sentenced to death by the Court of Appeal or in which the Court of Appeal has affirmed a sentence of death imposed by any other court;

    (e) decisions on any question –
    (i) whether any person has been validly elected to the office of President or Vice-President under this Constitution,

    (ii) whether the term of office of office of President or Vice President has ceased,
    (iii) whether the office of President or Vice-President has become vacant; and
    (c) such other cases as may be an Act of the National Assembly.”

    Whilst the foregoing clearly provides for appeals from the decision of the Court of Appeal to the Supreme Court as of right, Section 233 (3) specifically provides for appeals that could only be entertained by the Supreme Court with leave of the court first sought and obtained before presentation of such appeals.;

    ”(3) Subject to the provisions of subsection (2) of this section, an appeal shall lie from the decisions of the Court of Appeal to the Supreme Court with the leave of the Court of Appeal or the Supreme Court.”

    A calm perusal of the foregoing would undoubtedly reveal that the Supreme Court is imbued with the jurisdiction to entertain appeals from the decision of the Court of Appeal.
    .
    It is also not in doubt that Section 233 (2) as reproduced afore gives (vests) an aggrieved party with the latitude to as of right approach the Supreme Court for review of the decision of the Court of Appeal.

    Furthermore, Section 233 (3) gives a party whose appeal does not fall within the categories listed in Section 233 (2) the privilege to also approach the Supreme Court albeit with leave for review of the decision of the Court of Appeal.

    One of such appeals not covered by section 233 (2) are appeals on grounds of mixed law and fact. Appeals of this nature get to the Supreme Court only with leave of court.
    Implication of the Second Alteration:

    As earlier stated, on the 29th of November, 2010, an Act to alter the provision of the Constitution of the Federal Republic of Nigeria, 1999 was passed.

    By the said alteration, Section 233(3) of the Constitution which vested the Supreme Court with the jurisdiction to entertain appeals otherwise than those listed in Section 233 (2) albeit with leave of court was completely expunged from the Constitution.

    The point being made is that by the alteration, the section of the constitution that empowers Supreme court to hear and determine appeals with leave have been deleted.

    Courts generally are established by laws and it is the enabling law that structures the jurisdiction of each courts. The Constitution of the Federal Republic of Nigeria 1999 as amended creates Courts in Nigeria and also structures their jurisdictional coverage.

    It is only within the created jurisdictional precinct can a court act. See Akujinwa v Nwaonuma (1998) LPELR-391(SC); Adelekan v Ecu-Line NV (2006) LPELR-113(SC); Nwaigwe v Okere (2008) LPELR-2095(SC).

    “The Court cannot exercise jurisdiction to hear appeal unless such jurisdiction is conferred by the Constitution or by some enabling statute.”

    That said, the expulsion of Section 233(3) of the Constitution which section formed part of the appellate jurisdictional sphere of the Supreme Court, is without doubt a restriction/limitation on its appellate jurisdiction.

    The apparent implication of this is that the Supreme Court can only entertain appeals as of right i.e appeals expressly outlined in section 233 (2).

    It is thus safe to conclude that an appeal which does not fall within the specifics listed in Section 233(2) cannot be entertained by the Supreme Court as the Court would have no Constitutional backing to so do.

    Although the Supreme Court haven’t had the opportunity to pronounce on this point so as to finally lay it to rest.

    However, in the case of Shittu vs P.A.N Ltd (2018)15 NWLR (Pt. 1642) 195, the Supreme Court per Rhodes Vivour JSC had a shot on this. It is however necessary to state that the issue of whether the Supreme Court can entertain an appeal of mixed law and fact with leave of Court i.e appeals not listed in Section 233(2) of the Constitution, was not a live issue in the cited case.

    The Learned Law Lord only took a swipe; obiter dictum where it was posited thus;
    “… I must observe that there is now in existence the 1999 Constitution of the Federal Republic of Nigeria, as altered by the First, Second and Third Alterations Act, 2010.

    By the alterations, there is no longer section 233(3) of 1999 Constitution which allowed leave to appeal to the Supreme Court. That is to say, by virtue of section 233(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Supreme Court can only hear appeal where the grounds involves questions of law.

    The apex Court no longer has jurisdiction to hear appeal where grounds of appeal involve questions of mixed law and facts. Appeals on grounds of mixed law and facts ends in Court of Appeal.’’

    Going by the above excerpt from the decision in Shittu vs P.A.N Ltd (2018)15 NWLR (Pt. 1642) 195;, it is evident that the Supreme Court is no longer clothed with the jurisdiction to entertain appeals of mixed law and fact or any other appeals with leave of court.

    Such appeal terminates at the Court of Appeal. Of course one can argue that this decision (the excerpt) not being a ratio decidendi in the said case, is not of binding effect.

    That much I concede. However, on the premise of the earlier submission that Courts only acts on the powers and jurisdiction confers on it by its enabling law, can the Supreme Court whose jurisdiction to entertain appeals of mixed law and fact has been taken away by the amendment, still entertain appeals not within its jurisdictional purview?

    I am afraid No. To do so would be to act without a Constitutional support.

    In concluding this piece, it is important to mention and acknowledge the fact that despite the deletion of the subject section by the second alteration and despite the stance maintained by the Law lord (though obiter) in Shittu vs P.A.N Ltd (supra), the Apex court still entertains, hears and determines appeals on grounds of mixed law and fact.

    The Court has however not had the opportunity to specifically address and pronounce on its constitutional and/or statutory competence to hear and determine appeals of this nature.
    Appeals on grounds of mixed law and fact have no business on the docket of the Supreme court. Same ought to terminate at the Court of Appeal.

    However, it is safe to conclude that the expulsion of Section 233(3) from the Constitution by the second alteration though a clear limitation of the appellate jurisdiction of the Supreme court, operates in theory alone for now as the Court still entertains appeals otherwise than as of right. (Flowerbudnews)

    Jamiu Agoro, MCIArb., is an Associate Partner at Pinheiro LP,

  • France and the Proverbial humble Pie in Niger

    France and the Proverbial humble Pie in Niger

     

    By Paul Ejime

    (Paul Ejime is a Global Affairs Analyst and Consultant on Peace & Security and Governance Communications)

     

    After weeks of condescending defiance, France has ultimately eaten a diplomatic humble pie served by a former colony. Paris’ Ambassador to Niger was whisked away from Niamey in the wee hours of Thursday 27 September, two months after President Mohamed Bazoum, a French ally was toppled in a military coup led by Brig.-Gen Abdourahamane Tchiani on 26 July 2023.

    The junta had on 28 August ordered Ambassador Silvain Itte to leave Niger within 48 hours, accusing him of refusing to honour an invitation to the Foreign Ministry. His action was in line with the French stand of withholding recognition to the military regime.

    French President Emmanuel Macron had insisted that deposed and detained Bazoum was the elected and only legitimate authority in Niger, describing the military regime as illegal.

    Following the expiry of the 48-hour ultimatum, the Tchiani-led junta, having effectively severed most contacts with France, with a demand for the withdrawal of some 1,500 French troops from Niger, announced that the Ambassador had been stripped of all diplomatic immunity.

    Police were subsequently ordered to kick out the French envoy, while Niger citizens staged daily protests at the entrance of the French embassy and military bases in Niamey.

    Amid the stand-off and heightened tension, with the envoy helmed in and virtually living on military rations, President Macron announced on Sunday that Ambassador Itte would leave Niger within hours, to be followed by the withdrawal of French troops by year end.

    Diplomatic sources have confirmed Ambassador Itte’s arrival in France on a flight via Niger’s neighbouring Chad.

    While his deputy is believed to still be in Niger for possible rapprochement in the future, analysts consider this incident as another major diplomatic blow to France in a growing number of its former African colonies given that the military regimes in Mali and Burkina Faso have taken similar anti-French measures.

    With two other Francophone countries of Guinea and Gabon also under military dictatorships, the band of African leaders formerly sympathetic to the French cause is shrinking rapidly, yielding place to a groundswell of anti-French sentiments among the citizens.

    There could be consequences from eventual withdrawal of French troops from the security-challenged West Africa and the Sahel region, even with the mutual defence pact announced recently by Mali, Guinea and Burkina Faso. But President Macron has not helped matters either, with his imperialist posture and grandstanding.

    He is on record as saying that “without France, countries like Mali, Burkina Faso…. would not exist.” Such inflammatory statements are unhelpful when juxtaposed with the lopsided relations between France and its former African colonies, characterised by controversial post-independent agreements which gave Paris overbearing political and economic influence and control over the fortunes of these countries.

    Under the patronising agreements, France has set up military bases in most of the countries with guaranteed right of first refusal in the exploitation of their natural resources. The common currency, CFA franc used by 14 of the former colonies is controlled by the French Treasury, that holds a sizeable amount of the countries’ revenue deposits, which they are made to borrow at economic interests.

    For instance, Niger is rich in priced minerals such as uranium and gold, but foreign companies, particularly those from France, mine these natural resources to enrich and develop their countries, leaving Niger and its estimated 26 million population in penury and abject poverty.

    It is no wonder, that the Niger junta has now demanded renegotiation of the country’s economic and other contracts with France to ensure that the people of Niger maximized the benefits of their God-given resources.

    Insecurity, underpinned by terrorism and Islamic insurgency in West Africa and the Sahel, are the reason for the military presence of France, its European and American allies in the region.

    But the junta regimes and local populations are unimpressed. They claim that the foreign forces are instead pursuing their own agendas in the name of fighting terrorism.

    Meanwhile, the U.S. which has some 1,100 troops in Niger has been conspicuous in its ambivalence over the military takeover in Niger. After initial condemnation and public show of support and pressure on the Economic Community of West African States (ECOWAS) to take tough measures against the Niger junta, Washington has since found some accommodation with the junta.

    Curiously, Washington remains undecided whether the 26 July putsch “is a coup” or “an attempted coup,” while America’s newly appointed Ambassador to Niger recently assumed duty in Niamey. Also, following an understanding reached with the junta, the U.S. has resumed its strategic military drone flights from Niger for surveillance operations across Africa.

    At the same time, continued pressure by France and America on ECOWAS to act, has led to the regional bloc’s unmet threat to intervene militarily to restore constitutional order in Niger.

    ECOWAS now has every reason to feel undermined and boxed into a tight corner by the inconsistent and double-faced positions by Paris and Washington on Niger, apparently driven by fear in the West of being displaced in Africa by Russia and China.

    However, there could be some silver linings in the cloud of geopolitical game in Niger, particularly a bitter lesson for African leaders that international relations are about national interests and the fact that it is Africans that should solve African problems.

    For African countries to develop and prosper, they must be strategic and necessarily review their relationships with foreign powers. Africa is not zero-poor but only badly run and impoverished, no thanks to the conspiracy and unholy alliance between African rulers and powerful foreign interests, be they France, EU, America, China, Russia, or Turkey.

    ECOWAS is renowned for achievements in the domain of peace and security. It has to reset its conflict management and resolution strategies with dynamic and properly nuanced home-grown tools, taking into consideration the peculiarities of each situation.

    It is obvious that kinetic option in Niger is not only unpopular but risky with potentially unintended catastrophic consequences. Diplomacy, and backchannel initiatives stand a better chance of success when complemented with effective regional sanctions.

    Lastly, after more than 60 years of unmitigated exploitation of Africa’s resources through its compromised and corrupt leaders, under the guise of support, France and its Western allies must now listen to the deafening voices of the long-suffering populations yearning for true freedom as opposed to the flag independence granted the former colonies.(Flowerbudnews)

    *Paul Ejime is a Global Affairs Analyst and Consultant on Peace & Security and Governance Communications