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Legal, moral implications of granting pardon to ex- convicts, serving prisoners

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Convicted Ex-governor Joshua Achibi Dariye weeping in Court

By Chief Mike Ozekhome,

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INTRODUCTION

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Crimes are vices that should not be tolerated in any society. They are offences against the state and are punishable under the law. The essence of punishing people convicted of crimes is to serve the criminal just desert, make restitution to the victims and deter other people from engaging in criminal activities, amongst others.

Sometimes, the President and Governor of a state may decide to show the milk of human kindness to people already found guilty of crimes. This practice is, respectively, sanctioned by sections 175 and 212 of the Constitution of the Federal Republic of Nigeria, 1999, as altered.

This practice is even Biblical. For example, Pontius Pilate wanted to grant pardon to Jesus Christ. But, when the mob protested, he released Barnabas instead of Jesus, and washed his hands off the baying at the blood of an innocent man already exonerated by him and King Herod, in preference of Barnabas who had been accused of treason and other heinous crimes (Mark 15:6). Pardon is an unusual show of kindness to people whom the State has already condemned for certain ignoble acts they committed.

Pardon is a loud statement. The meaning of the statement is determined by the context and circumstances of the act. For example, in a state where there is a high record of kidnapping and cyber fraud, showing mercy to people convicted of kidnapping and cyber fraud could be construed as State connivance, or an impetus for offenders to commit more of such crimes.

Nigeria, for example, is rated the 149th out of 180 most corrupt countries in the world, and the second most corrupt country in West Africa, by Transparency International (TI), under its anti-Corruption Perception Index. Granting pardon to people convicted of corrupt practices, whether still serving or having served, may be construed as a tacit approval of such corrupt practices. This becomes more worrisome under a government which made fighting corruption one of its tripodal mantras.

MEANING OF PRESIDENTIAL PARDON

A pardon is an executive order granting clemency for a conviction. It may be granted “at any time” after the commission of the crime.

This right of pardon is granted to the Governor and the President, respectively, under sections 212(1) and 175(1) and (2) of the Constitution, and is legally available to all classes of convicts in Nigeria. It can be obtained by a convict who applies to a Governor or the President, as the case may be, for grant of the prerogative of mercy or pardon in his favour, either personally or through a Solicitor, or even through the prison authorities where he or she is incarcerated and is serving term of imprisonment.

For the purpose of exercising this power, section 153(1)(b) of the Constitution establishes the “Council of State,” which advises the President in the exercise of his prerogative of mercy. The council, as a government agency, is composed of high- heeled and distinguished Nigerians who are believed to be the have full complement of the country’s ethos.

Thus, although the President’s powers in this area are not subject to the strict approval of the Council of State, he cannot act unilaterally, whimsically, capriciously and arbitrarily. The usage of the word ‘shall’ in the phrase, “The President’s powers under paragraph (1) of this section shall be utilized by him after consultation with the Council of State”, demonstrates this.

The exact legal force that the advice of the Council of State bears, i.e., whether it should be taken as limiting the President’s powers of pardon, or whether it is merely a courteous procedure to abide by, is a thorny issue amongst analysts. The President’s obligatory gazeting in the Official Public Notice of the Government of the Federation concludes the pardoning process. The President, including the Governor, by extant constitutional provisions, have no constraints or hurdles whatsoever on whom they can grant pardon to.

State pardon is therefore a discretionary power that must be utilized with utmost caution and must accord with the law. It must never be used as a tool of political patronage, nepotic purposes, monetary benefits, or for self-aggrandizement. It must be used in a fair and impartial manner, free of prejudices, bias and public disapproval. It must be strictly in accordance with the best interest of the nation, and the letter and spirit of the Constitution and the code of conduct applicable to all public officers in Nigeria.

THE LEGAL CONSEQUENCES OF THE GRANT OF A PRESIDENTIAL PARDON

The Legal effect of presidential pardon was expantiated upon in EX-PARTE GARLAND 71 U.S. 333 (1866) thus:

“The inquiry arises as to the effect of a pardon, and on this point the authorities concur. A pardon in the eye of the law, cleanses the offender and make him as innocent as if had never committed the offence”. Such a convict is like Naaman the leper who deeped himself in the River Jordan and became cleansed of his leprosy. In FALAE V OBASANJO (1999) 3 LLER 1(CA), the Court of Appeal held that a pardon relieves the person of all sins. Musdapher, JCA (as he then was) said:

“In my view, under Nigerian law there is no distinction between “pardon” and “a full pardon.” A pardon is an act of grace by the appropriate authority which mitigates or obliterates the punishment the law demands for the offence and restores the rights and the privileges on account of the offence. The effect of a pardon is to make the offender a new man, or novus homo, to acquit him of all corporal penalties and forfeitures annexed to the offence pardoned”.

In the same vein, the court in OKONGWU V STATE, (1986) 5 NWLR (Pt. 44) 721, held that a free pardon had the effect of erasing “all suffering, consequences, and punishments whatsoever that the said conviction may ensure, but not to wipe out the conviction itself” from the pardonee. Thus, even where the fines have been vacated, the conviction will forever remain on the record of the court. Thus, even if a person has been pardoned, he can still legally appeal his conviction.

This was why in OKONGWU V STATE (1986) 5 NWLR (Pt. 44) 721, it was held that a free pardon has the effect of blotting out “all suffering, consequences, and punishments whatsoever that the said conviction may ensure, but not to wipe out the conviction itself”.

The 1999 Constitution in sections 175 and 212, have made provisions for the grant of pardon, respite, or clemency to any person, either free, or subject to lawful conditions as may be determined by the President or the Governor, respectively.

Such pardon could be for an indefinite or specified period. They could substitute a lesser form of punishment or remit the whole or any part of such punishment, or substitute a less severe form of punishment. While under section 175 (2), the President shall carry out such an exercise after consultation with the Council of State, the state Governor shall carry his out “after consultation with such advisory council of the State on prerogative of mercy as may be established by the law of the State”.

There is the more worrisome legal conundrum in the entire presidential pardon as it pertains to the two Governors. This is whether the president could have legally granted pardon to former Governors Joshua Dariye and Jolly Nyame of Plateau and Taraba States respectively, having regards to the fact that both men were convicted for offences allegedly committed between November 2000 and May 2007.

The offences under which they were tried and convicted fall under State laws which took place after the promulgation of the1999 Constitution during which time they were Governors. Specifically, they were tried and convicted under sections 115,119 and 309 of the Penal Code Act, Cap 532, LFN, 1990, obviously an existing State law within the meaning, import and true purport of sections 315(1)(b) and 318 of the 1999 Constitution.

This Act which became effective as a state law is applicable to the FCT and the Northern States. This Penal Code Act ,not being a federal legislation of the NASS, became an existing state law deemed duly enacted by the 19 Northern States by virtue of section 315(1)(b) of the 1999 Constitution. It becomes clear therefore that only the Governors of Plateau and Taraba States could have legally and rightly granted pardon to Dariye and Nyame,invoking section 212 of the Constitution; and not Mr President under section 175 of the Constitution.

The doctrine of separation of powers ably propounded in 1748 by Baron de Montesque and which is accorded constitutional imprimatur in sections 4,5 and 6 of the 1999 Constitution operate here. Should anyone challenge their pardon, an interesting constitutional issue would have been thrown up for constitutional pundits and legal analysts like yours sincerely. Let us now look at the moral implications.

THE MORAL IMPLICATIONS OF THE PRESIDENTIAL PARDON

The moral implications of granting pardon to people may send different messages and signals to different people. The messages could either be seen as genuine forgiveness, connivance, condonation, conspiracy, or impetus, etc.

There is this aphorism often credited to Benjamin Franklin, to the effect that “to err is human, to forgive is divine and to persist is devilish.” This saying is true. It is Biblical that all have sinned and come short of the glory of God. Jesus also admonished that if ‘we’ say that ‘we’ have no sin, ‘we’ make Him (Christ) a liar and the truth is not in us. In the case of a woman caught in the act of adultery brought to Jesus Christ for just determination, Christ demonstrated forgiveness by challenging the mob to first cast a stone at the woman if they had no sin.

Shortly after the mob departed, Jesus forgave the woman and commanded her not to go back to her sinful lifestyle. Christ gave this woman who was about to be stoned to death a second chance to mend her ways.

Pardon is however an exercise that should be exercised sparingly after due consideration of the fuller implications and after full contrition and penance on the part of the offender. For example, during the military junta, some human rights activists were prosecuted unfairly and executed, some under retroactive laws. Such was the unforgettable grieving fate of the trio of Bartholomew Owoh (26), Lawal Akanni Ojulope (30) and Benard Ogedegbe (29), who were accused of drug peddling, but whose execution was sanctioned by Major General Muhammadu Buhari (rtd) as military ruler. This, notwithstanding the intervention the heart-rending pleas by Playwrites Wole Soyinka, Chinua Achebe and J.P Clarke. Granting pardon to people should be viewed by the society as a recognition of a cause worth celebrating, not offensive and fouling the air.

This brings us to the case of Senators Joshua Dariye and Jolly Nyame, both former Governors, who had been convicted and imprisoned for stealing billions of naira from the coffers of their state treasuries and thus impoverished the very people they were elected to govern. These individuals were the Chief Executives of their states. They had sworn oaths of office and allegiance to the Federal Republic of Nigeria and vowed that they would govern their states with utmost good faith. However, they betrayed their people by stealing from them.

They breached the trust reposed in them. None of them admitted their guilt or wrongdoings until the courts found them guilty, up to the Supreme Court. As a matter of fact, Joshua Dariye was a sitting Senator when the Supreme Court affirmed the 10 year jail term earlier passed on him. What then is the basis for granting pardon to these individuals in a country where corruption is the bane and struts around imperiously like a peacock?

I had noted severally since 2013 (after my release from a 3 week horrific ordeal in the hands of kidnappers), that we must kill corruption which had become the 37th richest and most potent state in Nigeria, before it kills us. By granting pardon to these treasury looters, Buhari is reviving, nurturing and watering corruption with State powers.

When former Bayelsa State Governor, Diepreiye Alamieyeigha (DSP) whom I had defended throughout his State-sanctioned ordeal was granted pardon by former president Goodluck Ebele Jonathan, I wrote and justified it. I did so for the following reasons: DSP had fully served his term of imprisonment after his conviction. He had earlier been pardoned by late president Yar’Adua who later died before consummating the pardon, until Jonathan succeeded him under the “doctrine of necessity”. As noted by former Attorney General, Mohammed Bello Adoke, at page 62 in his 270 page book, titled ” The Burden of Service”, DSP had also shown contrition, remorse and repentance. He had also earlier been pardoned by Yar’Adua, though not gazetted before his death. DSP had also helped greatly in brokering the peace process that led to amnesty in the restive Niger Delta region that halted oil production. This in turn led to stability in the area and reduce pipeline vandalism, kidnapping of expatriates, and thus improved oil production which had plummeted to a state of nadir, leading to national ruckus and impoverishment. He had evidently demonstrated that he believed in one stable Nigeria.

Perhaps more significant is the fact that Alamieyeigha was gravely ill with life-threatening ailment, from which he later died barely 2 years after the pardon was granted him.DSP had thus earned the state pardon after the Council of State recommended approved it. The same cannot be said of these two Governors who were still serving their jail terms.

Thus, the act of granting amnesty or pardon though discretionary, this discretion must be exercised judiciously and in the best interest of the country, so as not to create doubts in and dampen the confidence of, the citizenry in the national moral fabric, and in the fight against corruption.

So, when the Council of State recently authorized the pardon of 159 convicts, including Senator Joshua Dariye of Plateau State and ex-Governor Jolly Nyame of Taraba State, who were both imprisoned for stealing N1.16 billion and N1.6 billion respectively, many Nigerians justifiably showed anger, because these two political leaders had been duly tried and convicted for stealing money belonging to their respective states. The courts in Nigeria were unanimous in their verdicts that they were corrupt and had corruptly enriched themselves while serving as governors of their respective states. They were still serving their sentences.

These men had betrayed the trust their people reposed in them by stealing money meant for the development of their respective states while serving as their chief executives.

Many Nigerians thus viewed the action of Mr president in granting them pardon as recommended by the Council of States, which is a body peopled mostly by friends and political benefactors or allies of the convicts, as an action taken in bad faith. This is more so that President Buhari had assumed office on the goodwill of the Nigerian people, largely fuelled by his avowed commitment to fight corruption in all its ramifications, to a standstill.

The purpose of criminal prosecution is to secure justice, not only for the accused, but also for the victims of crimes and the State; and to some extent get reparation and restitution for the victims, while deterring others from going the same route.

Where lies the justice for the impoverished people of Plateau and Taraba States who will now watch their tormentors stroll out with red carpet treatment?

The government budgets huge sums of money for the prosecution of such accused persons from the tax players’ sweat; and if after the rigorous period of trial and subsequent conviction, the guilty are simply let off the hook in such a brazen manner, the little remaining lean hope the citizens have in the system is further diminished.

I dare say that in these two instances, both the President and the Council of State goofed and abused their undoubted constitutional powers and privileges.

A constitutional issue as volatile as this could have been better managed if the minders of the president had told him the embarrassment this could cause the government in the estimation the comity of nations. And it is doing just that.

This brazen abuse of power will definitely ricochet and erode the confidence of our international partners in the fight against corruption. It will also dampen the morale of the agencies fighting corruption, such as EFCC, the Nigeria Police Force, and the ICPC, amongst others.

This singular ill-advised act of abuse of power will also definitely embolden political thieves and unrepentant pilferers of our national commonwealth. It shows that once you are a friend of the President or a member of his political party, or his acolyte and supporter, you can get away with any crime. In other words, in Nigeria, corruption surely pays!

With this action, the fight against corruption appears forlorn and a mirage. What is the essence of spending scarce resources in the name of fighting corruption if at the end of the day the convicts will be pardoned and stroll into their palatial homes in splendour in this ugly manner?

Granted that the constitution gives the President and the Governors the power of prerogative to pardon criminals in deserving circumstances, must it be done in the vulgar way and manner the instant case was handled?

In fairness to the president, not all the 159 convicts and ex-convicts granted presidential pardon are politicians. But, the most prominent of them are the two former Governors. That is what has led to the national rockus,bedlam and hoopla. This is because it could be argued ( and rightly too), that the main essence of the last meeting of the Council of State was to give imprimatur to, and grant pardon to the two political heavy weights, while making up the number with some insignificant lightweight ones, using garnished veneer and sleight of hand .

The president by so doing has certainly violated the provisions of the Constitution and his oaths of office and allegiance to defend the Constitution. This recent pardon, in my humble view, is the worst way to fight corruption. It will further water, nurture and elevate corruption to a fundamental objective and directive principle of State policy. It is so sad and counterproductive.

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Remembering late Alhaji Dan Sallah, late Alhaji Garba mai biredi and other good people

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By Adamu Muhd Usman

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If a man is endowed with a generous mind, that is the best of nobility, and you are measured not by how much you undertake but by what you finally accomplish. In life, when you help the people around you to be good, you surely become the best. The people to be discussed in this column need to be attached to some of the above sayings. These personalities touched lives, for the value of a life is measured by the lives it touched.

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The late Alhaji Musa Abubakar, popularly known and called ‘Alhaji Musa Dan Sallah’ or ‘Alhaji Dan Sallah,’ was known for his atypical religious commitments, compassion, and distinctive philanthropy.

If Dangote is the most successful businessman in the world of today, Alhaji Musa Dan Sallah was the most successful businessman in Kafin-Hausa in the 70s, 80s, and 90s. If Dangote becomes famous for his wealth, religious engagements, and philanthropy, Alhaji Dan Sallah too.

Alhaji rose from a small business to a dealer and distributor of cement (Ashaka), flour, fuel, gas, and kerosene, as well as a marsh, rearing animals, and farming in both the rainy season and irrigation system.

His business flourished drastically despite his immense donations to charity and zakat giving. He established Islamiyya schools, encouraged, helped, and supported religious teaching and learning and clerics and pupils/students.

Alhaji Musa Dan Sallah built dozens of mosques (Masjid), including Friday (Juma’at) mosques. In and outside Kafin-Hausa town in Jigawa state. To my knowledge, I have never heard, seen, or known a person in our community who built a mosque like Alhaji Musa Abubakar Dan Sallah, the second to him, politics aside, don girma Allah (For God’s sake) is the present Jigawa state governor, Malam Umar Namadi (FCA), a.k.a. Dan Modi. And he has been doing that even before he delved into politics.

One of the things that makes me remember Alhaji Musa Dan Sallah in the month of Ramadan, during fasting. The way and manner he plans and gives out iftar and sadaqat (offering) must be eulogised. Alhaji Musa shared even meat; can someone remember pigeons (Baraysi or Tattabaru)? May Allah reward Alhaji Dan Sallah.

In the second republic (1979), he was an NPN party man and a leader. He was generous even in politics. ‘A kind politician’

Alhaji Musa Abubakar Dan Sallah was the grandfather of Shu’aib Isyaku, a.k.a. Dan Ladi Bayani. He was also the grandfather of Hajia Rakiya Musa Zakari and the biological father of my friend Alhaji Muhammad A Musa, a.k.a. Alhaji Bala, the former Kafin-Hausa local government secretary during H.E. Badaru’s tenure.

Alhaji Musa Abubakar Dan Sallah was a remarkable man of faith, kindness, simplicity, and generosity. He was deeply committed to fostering relationships, promoting reconciliation, and ensuring that everything is done in order, like the spread of Islam.

His house was a mecca of sorts for children, destitute and orphans who thronged in droves, especially during the Zakat period and the month of Ramadan for succour. Alhaji Musa Dan Sallah was a cheerful giver, and God loves cheerful givers. May Allah reward him and grant him eternal rest.

Alhaji Garba mai biredi is a name that rang in the 70s and 80s, especially when it comes to taking care of Almajirai (Islamic pupils/students) and their Malams (teachers). He devoted his life to helping, supporting, and encouraging learning and teaching of the Qur’an.

Also, when it comes to the issue of bakery in and outside Kafin-Hausa for deliciousness, health, affordability, and all that, just put a full stop there. The bakery is still in existence, which is the present day called ‘Salama bread.’ Thank God, his children have emulated the late father’s attitudes of faithfulness, generosity, simplicity, gentility, humility, etc.

I also remember him at the time of the Ramadan fast for what he is doing at iftar and other goodies he used to share with the general public. When you tried coming to his masjid (mosque) close to his house, you will love to come the next day for iftar (breaking the fast).

Alhaji Garba was faithful, an employer of labour, philanthropist, lover, helper, supporter, and encourager of Islamic religious activities. His moralities are worth commending and emulating. He was a very simple, gentle, humble, accommodating, simple-headed man, kind-hearted person, and so friendly. We exchanged nice pleasantries and jokes with him. He does call me ‘Dan Fulani’ as a native/tribal/cultural joke between Fulani and ancient or who were connected with Bare-bari (Kanuri people). May Allah reward him and have mercy on him.

The third person was the late ‘Alhaji, Malam, Baba Idris Suleiman.’ He is an elder brother to Baba Toro. Baba Idi, as some called him. He is the father of Hajiya Hauwa (something). and Alhaji Bello Mam B.

This old man was simple, gentle, and very religious. He liked commiting his life to Islamic activities. He was humble, gentle, and humane attitudes will not give you an edge; he is from a royal family. He is humane and simple to the core.

I remember him always when it comes to magnanimity. Yes, in kindness and generosity he always comes to my memory, especially during the month of Ramadan (fast) because I can vividly reflect back on my memory and guess or say it right. Back in the 70s and 80s, and partly in the 90s, there was no household (family) in the entire Kafin-Hausa town that did not benefit from his generosity at Ramadan every year. That ‘funkaso’ (wheat cake) Ayyah!!! May Allah reward Baba Malam Idi and admit him in Al-Jannar Firdaus.

The fourth person was an all-round businessman. If you are talking of a typical, encompassing, promising business tycoon in Hausa land when you mention the person in the name of Alhaji Ismail, popularly known as Alhaji Badali, just match break. His name as a very wealthy man rang in Kafin-Hausa and its surroundings in the 70s and 80s. He engaged in farming, textiles, PZ (provisions), and transportation. Despite being a very rich man, his lifestyle was worth extolling, commending, and emulating. He was a humane, religious, and easygoing gentleman. His house was just a mecca of sorts, with people mostly his employees and those who came to seek help in one way or the other. He is the biological father of Muhammadu Gwadancy and my friend, Alhaji Musa Abdul Aziz, a.k.a. (Hajindo).

Alhaji Ismail promoted peace and made Kafin-Hausa a liberal place and brought positive initiatives to the community. He helped many to be their best and stand on their own. A philanthropist and a businessman. His life is a lesson and worth emulating. May Allah reward him and place him in the high garden. (Al-Janna)

The person at this juncture is last, not the least, in the list. He is my biological father, Malam (Alhaji) Usman Suleiman, popularly known and called ‘Manu.’. Manu is a name driven from Usman (u) by the Fulbe (Fulani). I can’t be selfish and self-centred if I include my father among the list of the persons in the Kafin-Hausa community who did something worthy of eulogising, commending, remembrance, and emulation. Because he did something that is a virtue.

In the 70s, 80s, and 90s, when any person on transit or a stranger, visitor, or wayfarer stepped into Kafin-Hausa town and he or she or they didn’t know anybody or didn’t have a place to put off. The person will be told and directed to go to ‘Manu’s house.’ If the person arrives at our place, even if my dad isn’t around, the person will get food to eat, water to drink, and a place to sleep, and no matter the number of people, when they come, they will definitely be attended to (accommodated). Also, there used to be a villa of Fulanis; the house used to be a Mecca of sorts, especially on market days and during festivities. Our house is an open house for everyone.

My father was a humane, philanthropic, reserved, accommodating, and well-orientated, civilised Fulani man. He believed in giving, as he said goodness comes from giving, and givers never lack. Also, those who want to live meaningfully and well must help enrich the lives of others. It is true, those who choose to be happy must help others find happiness, for the welfare of each is bound up with the welfare of all. May Allah reward him as well and admit him in Jannatul Firdaus, with the rest and all of us.

May Allah accept us if our lives come to an end. May Allah ease us from this trying moment. May Nigeria rise again and work positively well.

Adamu writes from Kafin-Hausa, Jigawa State.

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Malam Nasir El-Rufai ‘s coup and President Bola Tinubu’s counter coup

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What many Nigerians may not know, is that President Bola Tinubu and former Kaduna State governor, Nasir El-Rufai, had parted ways long before the 2023 presidential election.
Whatever political relationship that existed between two, hit the hard rocks shortly after Muhammadu Buhari emerged president in the 2015 presidential election. Watchers of the power circle were quick to observe, that Buhari openly displayed his fascination with Tinubu’s strategic moves that paved the way for his emergence as the presidential candidate of the All Progressives Congress (APC).

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Buhari acknowledged the fact that without Tinubu’s mastery of the game, there was no way he could have beaten heavyweights like Atiku Abubakar, Rabiu Kwankwaso, Aminu Tambuwal who contested the APC ticket with him. From beating the presidential primary hurdles, to clinching the APC ticket and capping it with a resounding victory in the 2015 presidential election, Buhari more or less elevated Tinubu to the status of his political god.

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At his swearing-in ceremony on May 29, 2015, Buhari could hardly conceal his admiration for Tinubu. He kept pumping the hand of the former Lagos State governor in numerous hand shakes and gave him several pats in the back at every close encounter. It became obvious to the public that Buhari had found a benefactor and political godfather in Tinubu. What with his previous three failed attempts at the presidency in 2003, 2007 and 2011.

However, the camaraderie was short lived. Along the line, Buhari started giving Tinubu the cold shoulder a few months into the first leg of his presidency. And for a man not given to much restraint, Buhari continued to drive a wedge between Tinubu and his presidency. It wasn’t long before the content of a leaked memo to Buhari, authored by El-Rufai, revealed that Tinubu’s contribution to Buhari’s emergence as president was being “exaggerated.”

At that point, Tinubu got to understand why his initial chummy relationship with Buhari suddenly grew tepid. The thinly veiled rejection from the then president kept growing. The one-sided cold war became so pronounced that Tinubu’s wife, Remi, then a serving senator, was forced to voice her observation right on the floor of the Senate. She openly accused Buhari of ditching her husband after helping him to win the presidency.

But Buhari’s unprovoked indignation towards his benefactor continued unabated. Credible sources within the ruling APC at the time, observed that Tinubu was not allowed to make input into Buhari’s cabinet picks and other strategic appointments.

Right from his first tenure, a handful of power grabbers within and outside Buhari’s kitchen cabinet, were the ones running the government. They formed a cabal that ran rings around the stubbornly insular ex-president.

Members of the cabal had very little electoral value. They were sufficiently disdainful of Tinubu. They used their domineering influence to keep the Lagos Boy far away from their Aso Villa captive. They created the false impression of holding the joker for Buhari’s re-election in 2019. They started treating Tinubu as an expendable commodity as they kept widening the growing chasm between the Daura born ex-Army General and his political benefactor.

Then EI-Rufai came out in the open. He took upon himself the task of “demystifying” Tinubu by rallying some of the man’s political associates for “insurrection” against their leader. From his base in Kaduna, he became a regular visitor in Lagos, which is the nucleus of Tinubu’s political base in the Southwest. He spared no expense as he openly canvased an end to the era of political godfathers. It was during one of his numerous “missionary journeys” that he asked an incumbent Lagos governor: “When are you going to retire your godfather from politics?” And the then first term governor replied: “Second tenure.” And this was a young man who, against all odds, rode on the godfather’s shoulders to the Lagos government house.

The phrase was a wrap for the godfather’s retirement when the governor gets his anticipated second tenure. He must have forgotten that Tinubu has several pairs of wide ear lobes spread across the state. So the voice note of the governor’s “second tenure” echoed through the walls of Bourdillon. If a governor you installed planned to retire you in his tenure, you can only put him back there at your own peril. That’s how that governor lost a potential re-election ticket in 2019. It was a political death. The man has since taken his seat on the reserve bench, watching events from the sidelines.

But the movie to push Tinubu off the cliff ahead of the 2023 race did not stop. Three other former Southwest governors, who the godfather fought tooth and nail to enthrone in their respective states, joined the fray. With goading by El-Rufai, the former Ekiti governor, Kayode Fayemi, took steps that culminated in challenging Tinubu for the 2023 presidential ticket of the APC. And on the prodding of the Buhari cabal, his Ogun State counterpart, Ibikunke Amosun, also threw his signature skyscraper cap in the ring. Similarly, Yemi Osinbajo, who was vice president to Buhari, also saw in the fray what he thought was an opportunity to upstage Tinubu in the quest for the party’s ticket. Perhaps, the open “rebellion” by the former Osun State governor, Rauf Aregbesola, must have been a blow that hit Tinubu below the belt. Fayemi, Amosun and Osinbajo went about their failed adventures without throwing darts at their estranged political benefactor. From his comfort zone as cabinet minister, the ex Osun governor mounted the rooftop to denigrate his former principal. It must have felt like the thrust of Brutus’ sword in Caesar’s groin. Et tu, Rauf? And this was a man who used to be the godfather’s consigliere. The four “renegade” members of the Tinubu political clan could not handle their individual and collective discomfiture when, against all odds, the man managed to dribble Muhammadu Buhari and his cabal to clinch the APC presidential ticket. The godfather crowned it by beating their ambush to win the presidential election subsequently.

Such character traits in the power politics of the Southwest are well documented by political historians. It happened in the First Republic. It was embraced in the Second Republic. It played out in the short lived Third Republic. In those three previous republics, power brokers in the North had forged alliances with overtly ambitious associates in the Southwest for the purposes of pulling down their powerful political leaders. As it was in 1963-1966, so it was in 1979-1983. Circa 1993 (June 12 annulment). It spilled over to the Fourth Republic, 1999 -2023 and still counting. The trend won’t stop with Tinubu. It will continue after him because politicians are a product of ambitions; moderate or inordinate. So the gentlemen who tested their strength with Tinubu for the APC’s 2023 presidential ticket, did not commit any crime.

El-Rufai’s Hidden Agenda

It must be stated clearly that El-Rufai bore no personal animosity towards Tinubu when he set out to instigate the Jagaban’s loyalists against their leader. The ex-Kaduna only played on the moderate or inordinate ambitions of a few of them for his own political gains. It was a long distance race towards 2023.

He knew of Tinubu’s burning desire to succeed Buhari. And he was smart enough to know that another northerner should not be president after Buhari’s eight years in the saddle. The plan was that El-Rufai wanted to be a running mate on the 2023 presidential ticket of the APC. He had figured it all out; that the party would not contemplate a Muslim-Muslim presidential ticket. He had reasoned that being a Muslim, there was no way he could be on the same ticket with Tinubu who is a fellow Muslim. So for him to be on the 2023 ticket, the presidential candidate must be a Christian from the south, preferably from the Southwest. That was why he zeroed in on Fayemi. He was working towards having the ex-Ekiti governor or any other southern Christian as presidential candidate, with him as running mate to balance the religious equation. He must have based his permutations on the 2015 experience when the APC flatly rejected the idea of having another Muslim as Buhari’s running mate. So in his own calculation, he had reasoned that with Tinubu as the presidential candidate in 2023, he stood no chance of picking the vice presidential ticket. He had imagined the party would pick a northern Christian as Tinubu’s running mate, a choice that would automatically shut him out. But contrary to his calculations, Tinubu picked Kashim Shettima, a fellow Muslim as his running mate.

Candidate Buhari of 2015 and candidate Tinubu of 2023 presented two different scenarios. The two leaders are poles apart in terms of their public perception. The former president arrogantly wears his Islamic fundamentalist emblem like a badge of honour. Tinubu on the other hand, maintains a visage of a liberal Muslim with a pastor wife, and, perhaps a mix of Muslim and Christian among his children. In the Buhari case, a Muslim-Muslim ticket would have proved an electoral disaster for the APC. That ticket was redeemed with “Pastor” Osinbajo’s name on the ballot. It attenuated what the community of Christian voters would have perceived as “an extremist ticket.”

From 2015 when El-Rufai started playing Saul of Tarsus, up to the build up to the 2023 electioneering, Tinubu’s trust in the ex-Kaduna governor had grown as big as the mustard seed. It didn’t require any deep intuition for the president to see through El-Rufai’s half-hearted “on the road to Damascus” experience.

But Tinubu managed to play safe by summoning enough native wisdom in his relationship with El-Rufai when he was seeking the presidential ticket, and during the campaigns. He had observed how the then Kaduna governor switched allegiances from one presidential aspirant to another. He switched over to Tinubu when it was obvious that many of his fellow northern governors had settled for the former Lagos governor. Tinubu craftily wormed his way into El-Rufai’s heart by cajoling him and massaging his oversize ego. At his campaign stop in Kaduna, candidate Tinubu had “begged” El-Rufai not to leave Nigeria after his tenure because he would need his services for his administration to succeed. That was how a dead cat was sold and bought. Dealing with a complex character like El-Rufai required a great deal of wisdom…and gumption too.
Tinubu’s approach in disarming El-Rufai may find expression in a number of Yoruba proverbs:
Eni ma mu obo, a se bi obo. (If you want to catch a monkey, you must learn to act like a monkey). Adete o le fun wara, sugbon o le da wara nu. (A leper may not be helpful in milking a cow, but he can waste a whole bucket of milk if provoked). Bi owo eni o ba ti te eku ida, a ki bere iku to pa baba eni. (You don’t threaten to avenge your father’s unnatural death if you are holding a contested sword by the blade). Tinubu did not court El-Rufai for his electoral value. He only stooped to conquer. It was a wrong time for dissent within his party at that critical period. He could ill afford it. Even at that, he lost the majority votes in Kaduna State to Atiku Abubakar and his PDP. With the 2023 presidential election won and lost, El-Rufai spent considerable time drooling over the president-elect in the hope of securing a place in the emerging cabinet.

Tinubu’s Pound Of Flesh

Tinubu sent El-Rufai on a fool’s errand by adding his name to the list of ministerial nominees he forwarded to the Senate for screening and confirmation. Unconfirmed reports at the time, suggested that he was being considered as potential power minister. And before anyone could say Godwin Emefiele, El-Rufai had scurried to the Senate wing of the National Assembly, awaiting his turn in the screening exercise. The news hit him like thunderbolt; his screening had been put in abeyance on account of an unfavourable “security report.” The ex-Kaduna governor did not need a soothsayer to tell him that the “security report” comes in flesh and blood. Tinubu simply took his pound of flesh from El-Rufai by humbling him in the full glare of the public. The godfather never forgets. El-Rufai was caught off guard. He bleated. He brayed. He was dazed. It was a humiliating experience. He got hit by a ricochet from a bullet he had fired at the godfather.
El-Rufai had claimed that Tinubu’s role in Buhari’s 2015 electoral victory was exaggerated. But this same Buhari failed in three previous attempts. Did he mean to say that without Tinubu, Buhari would have won in the Southwest where he was rejected in three consecutive election circles? If he still insists that Tinubu’s role in Buhari’s election was exaggerated, then how would he rate his own contribution to Tinubu’s victory in 2023? Tinubu won 29.4 percent votes in El-Rufai’s Kaduna while Atiku won 40.8 percent. Check the records.
The long and short of the story, is that Jagaban outsmarted his opponent in a political chess game. It’s coup and counter coup. Tit for tat. And today, the godfather El-Rufai plotted to retire from politics, is now holding the sword by the hilt. What a thing about politics. In frustration, he dumped the APC for the Labour Party a few days ago. El-Rufai’s cat has undergone sphynx mutation. It is in desperate need of covering to shield its furless skin from the vagaries of the elements. May Shehu Sani’s wish for him never prevail.

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Legends lost! An era closes! A nation mourns!

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By Abiodun KOMOLAFE

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The passing of Chief Ayo Adebanjo, a renowned elder statesman and Afenifere chieftain, and the breaking news about Chief Edwin Clark, mark the end of an era.

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Focusing primarily on Adebanjo, he represented, very much like Clark, the spirit of emancipation, which arose out of the earlier stages of the agitation for an end to the colonial incursion in Africa. Indeed, Clark was actually, as a student at Holborn College of Law in London, an active member of the West African Students’ Union (WASU). Between 1952 and 1965, he was also a member of the Honourable Society of Inner Temple, London.

WASU is of great significance, for it triggered off the current of thinking, based on the progressive philosophical base, not just for dismantling colonialism but for presenting a programme of action to guide the post-colonial state. The position of WASU affected the thinking of movements such as the Action Group (AG) in Nigeria and the Convention People’s Party (CPP) in Ghana, amongst others.

Indeed, the manifesto pledge of the AG, to ‘make life more abundant’, is aligned with WASU’s affiliation with the ground-breaking manifesto of the Labour Party in 1945, ‘Let us face the future’, which has stood as the most important manifesto ever issued. Significantly, it was the AG manifesto in 1951 which persuaded Adebanjo to switch from the National Council of Nigeria and the Cameroons (NCNC) to AG. The late sage obviously felt that AG’s manifesto was in alignment with his own political philosophy.

By the time the foremost nationalist switched to AG, the NCNC had undergone a significant shift in its ideology. Following the death of Herbert Macaulay, the party abandoned its initial stance on a federalist post-colonial state and adopted a highly centralized ‘unification’ position. This drastic change had far-reaching consequences, leading to disastrous effects that still plague the country today.

Adebanjo’s shift in allegiance revealed the politics of an era which was based on philosophical ideas and ideological thrusts. This is in marked contradistinction to today’s trend of ‘decamping’ for purely personal advancement and pecuniary benefits. He remained steadfast in his progressive beliefs from his early 20s until his passing at 96. This is why an era has passed, and the passing of that era should be treated with deep regret. The highly respected Nigerian did not shift from his ideological position, through tribulations, setbacks and defeats, including the prospect of going to jail.

During the 1962 treasonable felony trial, Adebanjo faced a choice: abandon his principles and gain a lucrative appointment by testifying for the prosecution, or stand firm. He chose the latter! Today, the political atmosphere is in direct contrast to the faithfulness exhibited by the Isanya Ogbo, Ijebu Ode-born leader and the nation is financially and morally poorer for it. Nigeria is today mired in the ’development of the underdevelopment’, underachievement and an alarming slide into the fringes in the world pecking order.

In my January 6, 2009 article, ‘Afenifere: Once upon an identity’, I wrote that many Yorubas believed the once-revered body had become extinct, with its relevance dying even before the passing of notable figures like Bola Ige and Abraham Adesanya. Fast-forward to today, and the question remains: how relevant is Afenifere in the face of widespread crises, including security concerns and rampant unemployment in the Southwest?

If a country’s politics is not ideologically driven, there are always consequences. In other words, if Nigeria had continued to produce people who believed in the ideological current and stayed faithful, the country could have lived to be at par with Brazil, which is the world’s 10th largest economy; if not, with India, which is the 5th largest.

Instructively, there was a clear ideological mandate of President Luiz Inacio Lula da Silva that, in his first coming, that translated into practice moved forty million Brazilians out of poverty and built one million housing units annually for eight years. Nigeria could have achieved similar progress, and more, if it had continued to create the atmosphere that produced Ayo Adebanjo and people like him, such as Edwin Clark.

Speaking generally, Nigeria’s biggest problem is the attitude of its leaders and the popular. Imagine the plight of the average citizen! As fate would have it, Nigeria now has one of the highest poverty rates in the world, with significant spatial and socio-economic inequalities, exacerbating social unrest and instability. The living standards are going down, and there’s mass unemployment, with large trade deficits and dependence on oil exports not only resulting in economic stagnation but also hindering development. Here, corruption is a fair game.
Bribery is also a fair game. The trouble is that either is a seed; once it is sown, it will surely germinate,
then bear fruit. After that comes the harvest season.

The reality is unambiguous: many families survive on less than N5,000 per week, while the minimum wage barely covers the cost of a bag of rice. Soaring gasoline prices, inadequate education, healthcare and nutrition have all contributed to a vicious cycle of poverty and underdevelopment. To make matters worse, the inflation rate has skyrocketed to an all-time high, exacerbating the country’s economic challenges; and it is as if the gods are angry!

With these pressing issues staring us in the face, what concrete solutions is Afenifere proposing, and how is it engaging with organizations like the Development Agenda for Western Nigeria (DAWN) to address these challenges? Furthermore, as Afenifere’s stance seems to swing and swerve depending on the whims of its leaders, is the organization presenting solid position papers and working collaboratively with others to drive meaningful
change? The fall of giants like Ayo Adebanjo serves as a poignant reminder that the baton of leadership must be
passed to a new generation of Nigerians who are equally committed to the ideals of democracy, social justice, and federalism. In saner societies, Afenifere is supposed to have evolved into a research institute powerhouse for Southwest Nigeria, proffering ironclad solutions to state and local governments on education, internal security, food security and health challenges. But is in doing that?

How many people relate to Afenifere these days, apart from a tiny segment of the elite? Again, if one may ask, what’s the continued relevance of Afenifere? Its influence has waned, and its connection to the average person, particularly outside the elite circle, is tenuous at best. If you talk to somebody in Ijebu-Jesa, my Native Nazareth, what is his concern with Afenifere? Does he know what it stands for? With the last of the titans finding their way to their Creator, will Afenifere still be relevant in decades to come?

Adebanjo was once here! Now, he belongs in history! He has done his bit and he has left the stage. He fought tirelessly for his principles, unyielding in the face of adversity, and uncompromising in his pursuit of a more just and equitable society. His legacy, now forever entwined with the fabric of Afenifere, stands as an inspiration, illuminating the enduring importance of equity, good governance and social justice – timeless ideals that transcend the boundaries of mortality.

Adebanjo’s passing represents what we have lost and what might have been. The lesson from the passing of people like him should be taught in schools and documentary dramas made about their lives in order to instruct, guide and guard. Perhaps, it’d still be possible to rekindle that era!

May the beautiful souls of Chief Ayo Adebanjo and Chief Edwin Clark find rest in the bosom of their
Creator!

May the Lamb of God, who takes away the sin of the world, grant us peace in Nigeria!

*KOMOLAFE wrote from Ijebu-Jesa, Osun State, Nigeria ( ijebujesa@yahoo.co.uk )

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