Travesty Of ECOWAS Court’s Verdicts Raises Concern

BY BOLA OLAJUWON

ABUJA, NIGERIA (THE NATION)--The ECOWAS Court of Justice marked its 20 years of existence with remarkable rulings, verdicts and opinions to show. But, critical stakeholders believe flouting of the community court’s judgments by member-states will not give succours to those in need of justice, ASSISTANT EDITOR BOLA OLAJUWON reports.

The ECOWAS Court of Justice few days ago rolled out the drum to mark its 20 years of existence. The organ of the Economic Community of West African States – a regional integration community of 15 member states in Western Africa – was created pursuant to the provisions of Articles 6 and 15 of the Revised Treaty of the regional organisation.

The court was created after the adoption of the Protocol on the Community Court of Justice in 1991, about 16 years after the ECOWAS itself was formed. The ECOWAS Revised Treaty of 1993 established the Court of Justice as an institution of the regional grouping.

The expansion of the court’s competences from just a mere community court to civil service tribunal, court of human rights and court of arbitration, gave the court an almost universal scope of intervention in many areas with significant increase in the number of cases handled in recent years. It is also seen as the last resort for those who saw national judicial templates as inept to give them justice.

Member-states shunning ECOWAS Community Court’s rulings

For the people of West Africa with a population of 416,631,763 – based on the latest United Nations estimates – obtaining justice in their individual country is like camel passing through the proverbial eye of the needle.

Still, with the setting up of the ECOWAS Court, the hope of some of those plaintiffs had been lost to inability of many member-states to abide by the court’s rulings.

For instance, the Court of Justice declared the arrest and continued detention of the immediate past former National Security Adviser, Col. Sambo Dasuki (retd), as unlawful, arbitrary and a violation of his right to liberty.

The court ordered that the former NSA be released from the custody of the Department of State Services, whose operatives re-arrested him shortly after he was released from Kuje Prison, Abuja on bail on December 29, 2015.

Dasuki, who was arrested for alleged economic crimes and other offences, was later granted bail by all three courts where he is currently facing charges relating to criminal diversion of funds meant for procurement of arms for fighting Boko Haram terrorists in the North-East.

But, in a ruling on the fundamental human rights enforcement suit filed by Dasuki, the ECOWAS court said it was wrong for the Federal Government to continue to detain him over undisclosed offences after he had been granted bail by different courts, where he was being prosecuted.

The court, in a unanimous judgment of a three-man panel, read by Justice Chijioke Nwoke, also awarded N15 million damages against the Federal Government.

But, despite the Nigerian courts and ECOWAS Court rulings, he remained in the custody of the DSS since he was re-arrested at Kuje prison, before he was finally released after meeting his bail conditions.

Also in 2016, the ECOWAS Court ordered the release of leader of the Islamic Movement in Nigeria (IMN), Sheikh Ibraheem el- Zakzaky and his wife, Zeenah. It described their detention as unlawful and arbitrary. But the government did not obey the order.

The Islamic cleric was arrested in December 2015, following a clash between his followers and the Nigeria Army in Zaria, Kaduna State.

Scores of people, mostly his followers were reportedly killed and buried in a mass grave in the Mando area of Kaduna metropolis.

On July 28, 2021, a Kaduna State High Court freed El-Zakzaky and his wife.

Just like Dasuki’s and El-Zakzaky’s cases, the Nigerian government refused to enforce ECOWAS’ judgments for the provision of free and basic education for Nigerian children as enshrined under chapter two of the Nigerian Constitution, in the case between Socio-Economic Rights and Accountability Project (SERAP) v. Federal Republic of Nigeria & Anor.

The community court on Friday, October 22, 2021, also ordered the Government of Cote d’Ivoire to pay 1,250,000,000 CFA Francs as compensation to Mr. Oumar Diawara, a Congolese resident of Abidjan (the applicant), for the violation of his right to a fair hearing and right to property. A symbolic one Franc was also awarded to him for the moral prejudice he suffered from how the case against him at the domestic court was handled.

In the judgment, which was delivered by Hon. Justice Dupe Atoki, the judge rapporteur in the suit, the court also ordered the Court’s Registry to assess the litigation costs in favour of the applicant.

However, till today, nothing has been heard about the implementation of the court’s decision.

In another case, the ECOWAS Court ordered the Republic of Niger to pay 7,564,250 CFA francs as recoverable costs to the heirs of late General Ibrahim Mainassara Bare, who ruled the country between January 1996 and April 1999, when he was assassinated while boarding an aircraft.

Justice Dupe Atoki, the judge rapporteur who read the order, said the court, having delivered an earlier judgment, had jurisdiction to hear the matter concerning recoverable costs in relation to the court’s judgment No ECW/CCJ/JUD/23/15 delivered on October 23, 2015.

The application, ECW/CCJ/APP/25/13/COSTS, filed on February 4, 2020, by Mr. Chaibou Abdourahaman, lawyer to the 17 heirs of the late General Bare, asked the court to review its judgment No ECW/CCJ/APP/23/15 based on an alleged omission by the court to specify an amount as recoverable costs to be awarded for the proceeding.

Abdourahaman told the court that part of the judgment reads: “The Republic of Niger shall bear the costs”, without specifying an amount, which resulted in the presentation of their incurred expenses to the court, seeking its order in this regard.

Still, the Niger Republic has not implemented the court’s decision.

Following the cold attitude of the ECOWAS member-states, human rights lawyer Femi Falana called on President Muhammadu Buhari and other leaders to obey court orders in the interest of political stability and justice.

He said the president should also comply with a court order compelling the Federal Government to release the details of stolen assets recovered so far.

“Buhari and ECOWAS leaders should comply with judgments and orders of municipal courts and regional tribunals in the interest of public accountability and political stability,” Falana said.

Lack of national authorities to implement rulings

Despite its achievements in the last six years, only six countries of the 15 member states met the pre-requisite for obeying the court’s rulings. All countries ought to have set up national authorities to implement its rulings.

The court’s president, Justice Edward Amoako Asante (Ghana), listed Guinea, Nigeria, Mali, Burkina Faso, Togo and Ghana, as the six countries that had set up a competent authority to implement the court rulings as stipulated in the protocol. But still, Nigeria refused to implement most of the cases adjudicated upon by the court.

The other member-countries yet to set up such authority include: Benin, Cape Verde, Côte d’Ivoire, The Gambia, Guinea Bissau, Liberia, Niger, Senegal and Sierra Leone.

The poor rate of compliance with the court’s judgments, currently standing at about 50 per cent, is of grave concern to the court, Justice Asante said.

“We regret that only six member states have appointed the competent national authorities for the enforcement of judgments of the court in their respective domains.

“These are the Republic of Guinea, Nigeria, Mali, Burkina Faso, Togo and Ghana. We will continue to appeal for the remaining members to do the needful,” he said.

But, the Speaker of the ECOWAS Parliament, Dr. Sidie Tunis, called on presidents and leaders of West Africa states to ensure obedience to the community court’s ruling.

Tunis said the attitude of selective adherence to the ruling of the court was also diminishing its reputation.

Lawyers to African govts: obey courts’ decisions

Lawyers from across Africa have urged governments of countries in the continent to learn to give effect to decisions of continental and sub-regional courts and tribunals as a way of bolstering democracy and rule of law in the continent.

The lawyers, under the aegis of the Pan African Lawyers Union (PALU) and other stakeholders deplored the growing practice where countries in the continent treat decisions of African international courts and tribunals

Among those who appealed to ECOWAS leaders are Vice President of the ECOWAS Court, Justice Gberi-Be Ouattara; Boniface Ogoti of the East African Court of Justice; Meredith Lwanga of the African Court on Human and Peoples’ Rights; and Falana (SAN).

Others included Donald Deya of PALU, Moussa Coulibaly, President of the West African Bar Association (WABA); Archilleus Romward of the East Africa Law Society; Deborah Nyokabi Mburu of the Network of African Human Rights Institutions (NANHRI); Osai Ojigho of Amnesty International (AI); Simitie Lawvalry of the Human Rights Commission of Sierra Leone, and Anne Mary Okutoyi of the Kenya Nation Commission of Human Rights.

Justice Ouattara, who expressed discomfort with some recent policy decisions of the governments of ECOWAS states in relation to the court, said it was becoming difficult for the court to meet its obligations.

He noted that, aside that most member states were reluctant to implement the court’s decisions, they have decided to reduce the number of its judges and their tenure despite the growing workload of the court.

Justice Ouattara noted that before now, the court had seven judges, who were entitled to a renewable term of five years, but now, the number has been reduced to five, with their tenure limited to four years, which is no longer renewable.

He argued that the relevance of a court lies in the implementation of and respect for its decisions, noting that no matter the quality of a court’s decision, if not implemented, it becomes useless.

Ogoti of the East African Court said his court is experiencing similar challenges as those identified by the ECOWAS Court, particularly in areas of implementation of its decisions and its capacity to monitor compliance.

“Currently, there are no means of monitoring enforcement/implementation of the court’s decisions. Whether judgments are enforced or not, we still depend on litigants to report back to us,” he said.

Lwanga of the African Court noted that her court’s still suffer from low patronage owing, partly to the reluctance of some African states to make the necessary commitment to allow their citizens access the court as well as insufficient information about the court’s operations.

Falana said there was need for sustained advocacy and engagements on the part of all stakeholders to ensure that African states and leaders realise the need to obey and respect the decisions of the courts.

Commendations and achievements

But, looking at the court in the last 20 years, Justice Asante described it as a pacesetter for other regional courts, particularly those in Africa. Asante asserted that although young, the court had through its jurisprudence set examples for other courts. He noted that the celebration “provides an opportunity to examine various dimensions of the young court, which has, through its enviable jurisprudence, become an exemplar among regional courts, particularly in Africa”.

According to Asante, the court also acts as an Arbitration tribunal with key role in the integration process of the community and as the guardian of the community law and protector of human rights.

“It is significant to note that the human rights mandate of the court has become the dominant aspect of its judicial functions. We are proud to note that due to its bold decisions on human rights complaints, the international community has recognised the evolving ECOWAS human rights regime.

“The unique feature of this human rights regime is that there is no requirement for the exhaustion of local remedies. Community citizens, therefore, have the option of lodging complaints for human rights violations before their national courts or the ECOWAS Court of Justice.

“With all humility, the ECOWAS Court of Justice is a source of pride for our community,” he said.

He thanked all past and serving judges of the court, who had contributed to its impressive judicial record.

ECOWAS Commission President Mr. Jean-Claude Brou, while looking at the court’s journey so far, asserted that the ECOWAS had in 2005 amended its protocol to strengthen the community court and made strong provisions for the execution of its judgments, to give citizens access to justice.

“The Court of Justice thus evolved into a major instrument of regional integration. This community’s organ is now better known to the citizens of the region.

“The expansion of its competences from Community Court to Civil Service Tribunal, Court of Human Rights and Court of Arbitration, gives it an almost universal scope of intervention in many areas, as shown by the significant increase in the number of cases handled in recent years,” he said.

The president noted that the protection of human rights remained particularly fundamental, along with the promotion of the rule of law among litigants, especially women and youth.

In spite of challenges confronting it, the court had registered 561 initiating applications and delivered 130 rulings and 301 judgments. It also registered 38 applications for revision of judgments from which it delivered 24 decisions. It has also given five advisory opinions. The court has held a total of 1,226 court sessions. It currently has 166 cases pending before it.

Going forward

Many of the cases before the court, bordering on human rights abuses in ECOWAS member-states, each carry the burden of exigency, which only five justices cannot meet in record time.

The court president insists the reduction of judges from seven as provided in the initial protocol to five in 2018 is of grave concern and has adverse effects. He lamented that despite the challenges, the cases yet to be heard continue to grow “astronomically”.

“In the light of the increasing caseload, it is obvious that a court composed of only five members cannot cope. It is also difficult to form more than one chamber in the court, since a chamber requires a minimum of three judges,” he said.

Asante also proposed a review of the tenure of justices from the four years non-renewable to the initial five years renewable for another term of five years. Falana, SAN, while corroborating Asante’s position, also lamented that the number of judges is too small, calling for it to be increased to 15.

The human rights lawyer called on the court to always make itself available to community’s citizens, especially in states that had been taken over by the military through coups.

He stressed that the ECOWAS, while suspending such countries, should give room for its citizens to seek redress on human rights violations, adding that ECOWAS should also seek to prevent coups by calling erring presidents to order.

“I suggest that the court must allow community citizens in countries where there is coup to assess the court. The suspension of those two countries from the ECOWAS should not prevent victims of human rights abuse from accessing the court,” he stressed.

Brou said the ECOWAS Court should help to promote good governance, rule of law and fundamental freedoms in West Africa.

He said it was important for the court to ensure access to fair, transparent and credible social justice in the region. These, he said, were shared universal values that would contribute to the development of the region and promote the culture of peace, consistent with the 2063 agenda of the African Union.

As part of its function, United Nations High Commission for Refugees (UNHCR) urged the ECOWAS Court of Justice to save 5.5 million possible displaced persons in West Africa.

Regional Director of UNHCR West & Central Africa, Ms. Millicent Mutuli, said the court, through its advocacy, held the key to curbing the rising spate of displacement and statelessness in the sub-region and protecting victims’ rights. Mutuli said the court also had a great responsibility in ensuring the rights of displaced persons were protected.

However, Falana advocated the setting up of an appellate division of the ECOWAS Court as a solution for flagrant disregard to court rulings by member states. But, a Justice of the court, Dupe Atoki, countered his position, saying that an appeal court is no solution to the impunity by member states and lack of enforcement of court rulings.

In an interview with The Nation, Professor Damilola S. Olawuyi, SAN and Global Vice Chair, International Law Association and Deputy Vice Chancellor, Afe Babalola University, Ado Ekiti (ABUAD), said as the judicial organ of ECOWAS, the ECOWAS Court was established to ensure the observance of law and justice in economic integration efforts across the West African community.

He said while the court has recorded some noteworthy achievements in advancing this goal, several practical challenges continue to limit its relevance and effectiveness.

“Chief amongst these is the flagrant disregard for the court’s decisions by several member states. The court has one of the lowest compliance rates of all regional or sub-regional courts in the world. Strengthening the court will therefore require greater commitment by all member states to comply with and implement the binding decisions of the court in accordance with norms of responsibility in international law.

“Another key challenge is the inadequate financial and technical resources that the court faces, which continues to slow down its modernisation and digitalisation when compared to other regional courts across the world. The COVID-19 pandemic has indeed accentuated the urgency of having innovative and technology-driven courts. While the ECOWAS Court promptly issued a Practice Direction on Electronic Case Management to enable the timely and efficient resolution of disputes during the pandemic, its implementation has not been seamless. Old developmental challenges such as lack of suitable accommodation space, inadequate remote technology and e-justice tools, and skills deficit, especially low number of ICT-competent staff and language translators, all mean that the ECOWAS court remains several years behind its peers.

“Without addressing these old developmental challenges, building a stronger and more relevant ECOWAS Court would be very difficult. One step would be for ECOWAS to immediately appoint a Working Group of eminent jurists and experts across the region, tasked with reviewing the progress of the court, and developing a strategic plan to strengthen the court’s relevance, modernisation, and future role in regional economic governance, including its legal structures and resource needs.

Therefore, the court, after remarkable achievements so far, needs more capacity and supports from member-states to deliver on its mandates and give succours to those in need of justice. The stakeholders told The Nation that ECOWAS must contemplate imposing sanctions, including suspension of member countries that flout rulings of the community court.

Flouting the community court’s ruling, they said, is against the dictates of the ‘Community Texts’’ and which also equates to disruption of democratic and justice processes.

City Council Hires New City Manager

GREENSBORO CITY COUNCIL 

Taiwo Jaiyeoba

GREENSBORO, NORTH CAROLINA--At its December 21 meeting, the Greensboro City Council voted to hire Taiwo (Tai) Jaiyeoba as City Manager, effective February 1, 2022. Jaiyeoba succeeds David Parrish who resigned from the position on June 30 and Chris Wilson who has served as interim City Manager.

Jaiyeoba comes to Greensboro from the City of Charlotte where he currently serves in a dual capacity as Assistant City Manager and director of the Planning, Design and Development Department. He is a member of Charlotte’s Executive Leadership team, providing support to the departments of Planning, Transportation and Charlotte Area Transit Services.

“After an extensive, national search, the City Council selected Mr. Jaiyeoba due to his experience and willingness to lead Greensboro,” said Greensboro Mayor Nancy Vaughan. “I look forward to the innovative ideas and outside perspective.”

Interim City Manager Wilson will remain in his current position, continuing to serve as the City’s chief negotiator on pending economic development opportunities. Jaiyeoba, who is on vacation with his family, will travel to Greensboro for the January 18 City Council meeting for a formal introduction and media availability.

Jaiyeoba spearheaded efforts to address Charlotte’s growth in an equitable, sustainable and livable manner. He led several transformative initiatives over the past three years, such as development of the Charlotte Future 2040 Comprehensive Plan, the Unified Development ordinance, the Transit Oriented Development ordinance, Corridors of Opportunities program, the proposed multi-million dollar Transformational Mobility Network plan – strengthening the City’s ability to create more affordable housing options, while maintaining an economically competitive environment.

“I’m excited for Taiwo and his family and I know he’s going to be very successful in Greensboro,” Charlotte City Manager Marcus D. Jones said. “It’s a bittersweet moment for us to see Taiwo leave, but I’m proud of the work that he’s accomplished here – particularly in the team that he built, and I’m grateful for his friendship and for his service to the residents of Charlotte.”

Jaiyeoba currrently serves as a National Board member of Railvolution, an organization that envisions America’s cities and regions transformed into livable places – healthy, economically vibrant, socially equitable and environmentally sustainable.

Jaiyeoba’s multiple awards include: American Institute of Architects 2020 Laurel Award and the UNC Charlotte Inaugural Urban Design 2020 Urbies Award.

Prior to Charlotte, he served as Director of the Sacramento Regional Transit District in California, and Director of Planning and Development in Grand Rapids, MI.

Jaiyeoba earned his bachelor’s degree in Geography, and his Master of Science degree in Urban and Regional Planning, from Ife University in Nigeria, as well as graduating from the MIT Sloan School of Management in Leadership.

Crypto​.Com Partners With Los Angeles' Angel City Football Club

BY TURNER WRIGHT

 LOS ANGELES (COIN TELEGRAPH)--Cryptocurrency exchange Crypto.com has inked another deal to expand its brand recognition in the United States with the professional women’s sports team Angel City Football Club.

In a Tuesday announcement, Crypto.com said it had partnered with the Los Angeles soccer team in an effort to increase the awareness of and access to crypto, blockchain and Web 3.0 among Angelenos, soccer fans and the athletes themselves. The exchange said it plans to continue looking for “unique and impactful ways” to invest in L.A., with the partnership aimed at encouraging “financial education, independence and financial empowerment” for women.

“Given the speed with which Web 3.0 and cryptocurrency is changing our world, we want to ensure that women are being brought along on the journey as investors and creators,” said Angel City Football Club co-founder and president Julie Uhrman. “We are excited to work with [Crypto.com] to educate our community and players on crypto and allow our players to use the power of NFTs to connect with and create a deeper relationship with their fans.”

The partnership is the crypto exchange’s latest expansion into Los Angeles. Crypto.com announced in November that it had secured the naming rights to the city’s multi-purpose Staples Center for 20 years in a $700 million deal. The venue — expected to officially change names on Saturday — has been home to the NBA’s Los Angeles Clippers and Los Angeles Lakers, as well as the NHL’s Los Angeles Kings and the WNBA’s Los Angeles Sparks.

As it grows, Crypto.com has been partnering with high-profile individuals and companies to promote cryptocurrencies and blockchain. In July, the company signed a $175-million sponsorship agreement with the Ultimate Fighting Championship. Actor Matt Damon also appeared in ads released around the world beginning in October.

CIP Minister Revokes Saint Lucian Citizenship Of Nigerian Fraudster

CASTRIES, ST. LUCIA  (ST. LUCIAN NEWS)--An interesting item appeared in the December 14, 2021, issue of The Saint Lucia Gazette that has again highlighted questions about the sufficiency of the due diligence process undertaken by those in charge at the Citizenship by Investment Program (CIP) under the previous Allen Chastanet administration.

The issue came to the fore with the Citizenship by Investment (Boniface Amandianeze Odenigbo) (Revocation) Order made under Statutory Instrument No. 206 [14th December, 2021], which canceled the citizenship of a Nigerian, Boniface Amandianeze Odenigbo, secured under the CIP.

The said document revealed that the Minister responsible for the CIP, Dr. Ernest Hilaire, “in exercise of the power conferred under Sections 38(1) and 39 of the Citizenship by Investment Act, Cap. 1.20” had issued a “Citation” and a “Revocation Order” regarding the Saint Lucian Citizenship granted to one Boniface Amandianeze Odenigbo.

The order stated: “The grant of citizenship to Boniface Amandianeze Odenigbo is revoked, as in the opinion of the Minister, Boniface Amandianeze Odenigbo has committed an act which may bring Saint Lucia into disrepute.” The order was signed by the minister on December 3.

Saint Lucia News Online (SNO) discovered that the Nigerian, Odenigbo, had been arrested and charged in Nigeria for “fraud and money laundering,” something the last administration had failed to uncover.

As far back as July 5, 2021 – when the then United Workers Party (UWP) and the then administration were too busy preparing for the snap July 26 General Elections – a Nigerian news agency PM News, had published an item headlined: EFCC arrests Lagos nightclub owners for fraud.

According to the story by reporter Nimot Sulaimon,

Boniface Odenigbo Amandianeze and Olasunmbo Olawale Winfunke in EFCC net, charged with “Alleged com puter fraud and money laundering.”

“operatives of the Lagos Zonal Office of the Economic and Financial Crimes Commission, EFCC, had arrested two suspects for alleged internet fraud and money laundering.

The suspects, Boniface Odenigbo Amandianeze and Olasunmbo Olawale Winfunke, owners of Buzz Bar, a nightclub located on Adetokunbo Ademola Street, Victoria Island, Lagos, were arrested recently at No 2A and 2B Oniru Estate, Lagos.

Their arrest followed credible intelligence received by the Commission about their alleged involvement in romance scam, business email compromise, benefit scam, credit card fraud and money laundering.

Upon their arrest, four exotic cars, mobile devices, laptop computers, jewelry and wristwatches worth hundreds of millions were recovered from them.

Further investigations had also established a nexus with other associates, suspected to be into computer-related fraud. They will soon be charged...”

The Revocation Order came four months after the above news items had been published, and 21 days after Saint Lucians had been to the polls on July 26.

Has Democracy Failed Nigerians?

BY DAKUKU PETERSIDE

Illustration: Amit Bandre

Globally, citizens of countries with democratic profiles are beginning to question the efficacy of democracy— especially democracy’s capacity to deliver the development agenda.

A survey conducted by Pew Research shows that across 34 countries, a median of 52 per cent of those interviewed is dissatisfied with democracy.

The dissatisfaction cuts across citizens of matured democracies of the UK, the US, France, and Japan. A similar report was filed by Afrobarometer, a Pan African independent research network in Ghana. Its recent survey of citizens of 34 African countries under democratic regimes discovered a “democratic disappointment gap”.

This increasing loss of confidence is partially responsible for the convening of a global democracy summit on December 9 -10, this year by President Biden of the USA with the objective of “defending against authoritarianism, fighting corruption, and promoting human rights as well as set agenda for democratic renewal and to tackle threats faced by democracy”.

Nigeria was one of 17 African countries and 111 countries globally invited to the summit. The Carnegie foundation described Nigeria as one nation where democracy is backsliding in its analysis of invited participants. This development has redirected us to pertinent questions about the potency of democracy to deliver development in Nigeria: Is there a Nigerian democracy?

Is it really backsliding? Has it failed Nigerians? And if it has failed, what should be done to arrest the situation? Democracy is a universal concept that embodies fundamental principles and doctrines that make it unique as a form of government.

It relies on the idea of the supremacy of the people. The first aspect of democracy is that the people have the right to choose and decide who will govern them through periodic elections and hold the officeholders accountable for the power they derived from the people. It presupposes that it is the fundamental right of citizens to vote or be voted for in a free and fair election.

The second aspect of democracy is that principles govern it, without which it becomes an aberration and a folly of indescribable proportion even with the first aspect (periodic election to choose leaders).

These principles include the rule of law, fundamental human rights, liberty, and accountability, and it is only the combination of these two aspects that makes democracy worthwhile. Analysing how Nigeria fares in these two critical aspects of democracy indicate that we do not measure up to them. On the first, periodic elections, as imperfect as it has been, I believe we have made progress.

The second, deepening the pillars of democracy, my verdict is negative. Democracy, the way it is practised in Nigeria today, is a hybrid. It is a combination of civil rule, militarism, and ethnic jingoism.

There is no national consensus on what democracy should be in Nigeria or should do for Nigeria. No shared national vision binds citizens and the state ,and no common aspiration. In the absence of shared national aspiration, democracy is just a word, a concept borrowed “to fulfil all righteousness”.

Recent experiences, especially economic frustration and insecurity have made some Nigerians question the western-style democracy we adopted and doubt whether it can deliver sustainable development.

This “trust deficit” is exacerbated by persistent conflict, high cost of governance, corruption, poverty, indiscipline, inefficiency, insecurity, highlevel unemployment, and divisiveness that pervades the land. It is the truth that the way we practice democracy in Nigeria today has failed to assist Nigerians maximise individual potentials or the country accomplish national development agenda.

The reasons vary: from the greedy political elite that is not driven by principles or vision to expensive governance structures that are self-serving, and from indiscipline to cultural misfit. Like a rocking chair, we have moved from parliamentary democracy to an American-style presidential system searching for what works for us.

The problem is squarely that of the appropriateness of our democracy model. No serious attempt has ever been made to work out a democracy model that fits, serves, or recognises our unique cultural attributes. Worse still, our political elite has failed to adopt a management approach to democracy over time.

The elementary principle of envisioning the common good, setting a strategic plan, making effective decisions, and mobilising resources to achieve a shared goal are not in consideration.

Different countries adopt various models of democracy to suit their context and cultural environment.

For example, Rwanda increased women participation in governance and incorporated a cultural practice known as Imihigo, a decentralisation policy where district mayors commit to development targets.

Because of its belief that a nation has only one common goal, China adopted a oneparty system with bureaucratic control emphasising efficiency and economic growth. Singapore adopted a democratic approach that emphasises equality of all and economic prosperity, and it has a unique parliament made up of single-member constituencies, group representation constituencies, and nominated members of parliament.

On its part, South Korea evolved a robust free de mocracy that allows for freedom of speech, and its constitution provides a single tenure for the President that is non-renewable and a legislature in which seats are by a combination of persons elected via popular vote and allocation.

Malaysia, on the other hand, created a Muslim democracy that is distinctively not theocratic.

All these countries are a relative success because they adapted democracy to fit into their culture. To make Nigerians have faith in democracy and its ability to deliver development is not just about periodic election but addressing the structure and cultural fit of our model of democracy to make it work.

It is also essential to pay attention to the cultural peculiarities of different sections that make up the country.

True democracy is that form of democracy adapted to the circumstance and cultural context and delivers the greatest good to the highest number of persons measured by material prosperity. It is pertinent to note that Nigeria adopted the US Presidential system without adapting it to our cultural context – must Nigeria have a bicameral legislature? Why should Nigeria have too many cost centres at the Local, state, and federal levels that deliver no value?

Why should Nigeria have a bogus governance structure? Is there a need for full-time legislature rather than part-time legislature? Why should Nigeria have a 1999 constitution that many people do not accept its authority? Why should Nigeria have a federal structure that is more unitary in nature?

These are fundamental questions that can help us define what we want from democracy and determine whether the model of democracy we practice can guarantee an optimal level of development. Is democracy backsliding in Nigeria?

From the context of economic prosperity and individual liberty, history answers an emphatic yes. At the inception of the newly independent nation, Nigeria, in 1960, there were high hopes both within and outside Nigeria that this young parliamentary democracy would be the beacon of hope for restoring the dignity of the black man.

Although that dispensation had its challenges, it maintained some democratic manifestations that made some politicians look like angels compared to today’s political actors. There was a semblance of sanity.

The government at the time guaranteed security and safety, and most people observed the rule of law. Democracy was in the ascendancy in Nigeria. However, the military incursion into Nigerian governance upended democracy.

With this goes all the democratic precepts and principles in Nigerian politics ever since democracy has been in decline and needs a radical rethink to work in Nigeria again. A significant consideration in assessing the appropriateness of Nigerian democracy is the influence of over four decades of military rule.

The military has handed down all our constitutions since 1979; each has ended up necessitating elaborate amendments, and each one has contents bordering on impunity and reckless disregard for some marginalised groups.

The judiciary and legislature are left weak by the executive despite the separation of powers. Has democracy failed Nigerians? A series of overlapping security, political and economic crises have left Nigeria facing its worst instability since the end of the Biafran war in 1970.

With experts warning that large parts of the country are in effect becoming ungovernable, fears that the conflicts in Africa’s most populous Nation were bleeding over its borders were underpinned by claims that armed Igbo secessionists in the country’s south-east were now cooperating with militants fighting for an independent state in the anglophone region of neighbouring Cameroon.

The mounting insecurity from banditry in the north-west, jihadist groups such as Boko Haram in the north-east, violent conflict between farmers and pastoralists across large swathes of Nigeria’s “middle belt,” is driving a brain drain of young Nigerians.

Those security issues are in addition to a series of other problems, including rising levels of poverty, violent crime, and corruption amid an increasing sense that the central government, in many places, is struggling to govern.

The most significant measure of the efficacy of democracy is its ability to raise the people’s standard of living marked by a minimum level of development. The inability of Nigerian democracy to bridge the gap between inequality and poverty has heightened the lack of faith in democracy.

All vital statistics from 1998 to date have not matched our expected progress in deepening democracy, making it difficult to accept a correlation between democracy and development.

What should be done to reverse the situation? We should re- examine our democracy to make it fit for purpose. For Nigerians to evolve a democracy that works for Nigeria, the critical consideration is the match between form and cost.

That match must be such that the practice of democracy leaves enough resources for the development and sustenance of services in a way that guarantees orderly and peaceful existence. It is on record that the recurrent expenditure of the Nigerian governments (states and federal) outweighs capital expenditure at a ratio of more than 80:20.

The current form of democracy and democratic institutions have too much implicit and explicit cost that it leaves no money for development, and there is absolutely no incentive to invest in sustainable development initiatives. Nigeria’s current federal democracy is unitarist, which has hindered the adequate provision of security and safety for citizens.

The ability of the state to guarantee security is central to the thriving of democracy.

Unless people are free to go about their everyday life unmolested, they cannot enjoy the freedom which is the crucial instrument of democracy. Not even the ritual of voting and elections can credibly occur in an insecure environment.

Tigray Leader Says Fighters To Leave Nearby Ethiopian Areas

ASSOCIATED PRESS 

Debretsion Gebremichael

NAIROBI, KENYA (AP) —The leader of Tigray forces in Ethiopia says its fighters outside of the region have been ordered to withdraw and return to the embattled federal state.

Debretsion Gebremichael, in a letter to the U.N. Secretary-General Antonio Guterres, proposed an immediate cease-fire to be followed by negotiations.

“I have ordered those units of the Tigray Army that are outside the borders of Tigray to withdraw to the borders of Tigray within immediate effect,” Debretsion said in the letter.

Other proposals in the letter include the establishment of a no-fly zone for over Tigray to prevent hostile flights and the imposition of an international arms embargo on Ethiopia and Eritrea.

The order for the forces to return to Tigray came as the Ethiopian federal army and its allies have made strong advances in recent weeks. Major towns and cities in the neighboring Amhara and Afar regions have been recaptured by the Ethiopian forces, forcing the Tigray fighters to retreat further into their region.

Getachew Reda, spokesman for the Tigray region, confirmed on Monday the withdrawal was complete. “By doing so, we believe we have taken away whatever excuse the international community (may have used) to explain its feet-dragging when it comes to putting pressure on Aiby Ahmed,” he wrote on Twitter, referring to the Ethiopian prime minister.

The Ethiopian government has not yet commented on the latest move by Tigrayan forces.

Tens of thousands of people have been killed in a war that erupted in November 2020 between Ethiopian forces and fighters from the country’s Tigray region, who dominated the national government before Abiy became prime minister in 2018.

Some of Tigray’s 6 million people have begun starving to death under a months-long government blockade. Thousands of ethnic Tigrayans have been detained or forcibly expelled in an atmosphere stoked by virulent speeches against Tigrayans by some senior Ethiopian officials. Alarmed human rights groups have warned some of the anti-Tigrayan rhetoric is hate speech.

Last month, the Ethiopian government declared a state of emergency as Tigray fighters moved closer to the capital, Addis Ababa, and carried out a number of abuses against ethnic Amhara, according to accounts by local residents. The Tigray forces say they are fighting to lift the blockade on their people.

“The Tigray forces have suffered a number of challenges and setbacks in their attempt to control the Djibouti road and then move to Addis Ababa,” said William Davison, an analyst with the International Crisis Group. “It is very important at this point that all actors take the opportunity to stop the fighting and try to reestablish some trust.”

Davison said the Ethiopian government’s military strength may have been strengthened by aerial drones newly purchased for the federal military from China and Turkey with the assistance of the United Arab Emirates. “Tigray forces appear to be in a weakened position after giving up all the areas they controlled,” he said.

Much Ado About Payment Of Tithes

BY DONALD MARK C. UDE

Let me begin by shocking you: In the entire Gospels, there is not a single place Jesus clearly commands us to pay tithes! I shock you the more: In the only two places Jesus mentions tithes, he is discernibly cynical about it!

Admittedly, he never tells us not to pay tithes, either. However, from the Gospels, it could be deduced that his overall attitude towards tithes is that of cynicism and ambivalence.

I think this point is very important because it brings you (the reader) face-to-face to the fact that this whole ado about tithes is actually about something our Lord treats with so much cynicism and ambivalence.

So, one begins to wonder why the fuss about something Christ himself didn’t consider worthy of attention. If it weren’t for ideological and financial interests, the people emphasising tithes today would have been the same people who would ask their typical question: “Where did Christ say it?”

Now, let’s check out those two places in the Gospels. (As a matter of fact, Jesus uttered the word “tithe” only three times, but one is essentially a synoptic version of the other – so we are basically left with only two). The first: “Woe to you, scribes and Pharisees, hypocrites! For you tithe mint, dill, and cumin, and have neglected the weightier matters of the law: justice and mercy and faith.

It is these you ought to have practised without neglecting the others” (RSV. Matt 23: 23; cf. Lk 11: 42). The second: “Two men went up to the temple to pray, one a Pharisee and the other a tax collector. The Pharisee, standing by himself, was praying thus: ‘God I thank you that I am not like other people … I tithe a tenth of all my income.’” (Lk 18: 10-12).

These two passages buttress my argument to the effect that Jesus’ overall disposition towards tithes is that of cynicism and ambivalence. In the first passage, Jesus clearly indicates that the concern about truth, justice, fairness, mercy, love, etc. is “weightier” than, and therefore preferable to, tithe-paying. Tithe-paying is secondary and must take a subsidiary position.

If one must pay tithes, one must not do like Pharisees, but should first and foremost take care to fulfill those “weightier” matters. I live in Europe. The first thing that confronts me each time I step my feet on Nigeria, right from the airport, is unimaginable wickedness, extortion at every turn, bribery, lies, dishonesty, fraud, violence, brigandage, brutality, rascality, filthiest forms of indiscipline, etc.

I think any evil that is not yet practised in Nigeria has not crossed the mind of mortals. Yet this is supposed to be a nation of ‘tithe-payers’! The second passage is placed in the context of the parable of the Pharisee and the Tax Collector, where the former brags about being a tithe-payer, while the latter humbles himself before God and eventually goes home fulfilled.

I’m aware that we Nigerians have been so ‘terrorised’ and benumbed by religion that we hardly pause to think. But I repeat the question I mooted earlier: Does it not strike you that each time Jesus mentions tithe, it is always associated with hypocrisy and Phariseeism?

Isn’t this already a red flag vis-a-vis tithes/tithing?

Now, what are the “weightier” parts of the law in our Nigerian context (that your priest/pastor/GO has refused to draw your attention to)? No doubt, honesty and self-discipline with regard to money must count. You must reject bribery and corruption in your workplaces.

It is difficult, but it is an act of faith. Nigerians like to talk of ‘challenging’ God; here is a fine opportunity to ‘challenge’ God by rejecting bribes and acting with integrity – to see if He wouldn’t bless your life! You are being told that you “rob” God when you don’t pay your tithes, but you aren’t told that you also rob your fellow humans when you pocket the funds meant for them.

You are not told that you might be the major cause of accidents, malnutrition, infrastructural deficit and avoidable deaths in Nigeria when you steal the money meant to forestall them, using the position you occupy.

You pay your tithes in the cities but allow your poor parents and relatives in the village to suffer – perhaps because you have been told they are witches and wizards waiting to kill your destiny. Integrity, solidarity, solicitude, self-control, faith and charity are the “weightier” part of the law that Jesus refers to.

If you neglect them, even though you pay N1billion as tithe, you are a hypocrite and a Pharisee by Jesus’ standards!

How about the bogus relationship being established between tithing and being blessed/favoured? Now let me make this clear: One of the most blasphemous lies being peddled in the name of God in recent times is that God needs your tithes in order to bless you.

It is blasphemy because it is an insult on the holy and unfathomably righteous God. I do think that the dynamics of God’s blessings are too complex and mysterious to be reduced to monetary handouts or ‘bribery’ given to His supposed ‘representative.’

It is even more scandalous and laughable to see pastors threaten people with hellfire should they not pay their tithes. Many were appalled and disappointed upon seeing a video-clip, where a general overseer threatened – and I quote – that members would “miss heaven” if they did not pay their tithes.

Another implication of our Lord’s cynical disposition towards tithes is that it should occupy little (if any) space in the preaching and sermons of all true ministers of the Word. I might even recommend that the attention given to it should not exceed a total of five minutes in an entire calendar year.

The reason is that, if tithes were an essential element of the message of salvation our Lord Jesus came to preach, He would have surely included it in the Beatitudes or even dedicated an entire discourse to it.

For instance, Jesus took time to teach us how to pray, how to fast and so on and so forth. But this isn’t the case with tithes; it simply didn’t worth His attention. As it were, He may have seen it as a distraction, perhaps one of those annoying traditions that could have stymied the New Message He came to proclaim.

At this point, let us address one of the most notorious passages being cited in support of tithes – the “robbing God” mantra. Malachi 3:8-12 suggests that abdicating from tithes might be tantamount to “robbing” God. How do we interpret this? The passage specifically states: “Bring the full tithe into the storehouse, so that there may be food in my house” (v. 10).

As I see it, this points more to material food and less to monetary donations to seemingly insatiable and bottomless church coffers. It refers to a practice of bringing a tenth of one’s harvest to the priest/Levite who then went ahead to share it to the poor among the people of God to ensure that no one starved.

In other words, the focus was basically on the poor, and “robbing” God in this respect is squarely robbing the poor.

Therefore, the ugly scenario in Nigerian churches where so-called ‘top’ tithe-payers owe their workers but are quick to impress the pastor/priest with their tithes is actually tantamount to “robbing” God. This is the true interpretation of that passage! The average Nigerian priest/pastor/GO isn’t worried about this and is even scared to say it the way I do because they fear it might come with dire financial implications.

Meanwhile, they are the same that would be quick to ask “Is it in the Bible?” if monetary tithing weren’t in their favour. Once again, I make bold to say that the form of tithing that is OT-supported is tithing in kind and not by cash.

Well, I do not think this is a big issue because a few things have to change with time, otherwise Christianity becomes mere casuistry. I only brought it up to expose the hypocrisy of those who are quick to ask “is it in the Bible?” when it serves their interest.

The mention of priests/Levites calls to mind what I consider an important dimension of the debate on tithes – namely, the question of who a priest really is in ourpresent context.

The Bible recounts that Abraham paid tithes to Melchizedek, the priest-king of Salem (Gen 14:18-20; Heb. 7: 1-2). That passage is a bit shrouded in mystery, given that it is merely mentioned in passing.

Since there is hardly any further clue, its interpretation becomes a lot more complicated. Yet I suspect it must have been the practice in ancient Mesopotamia that a tenth of one’s harvest, including war booties (in Abraham’s case), was given to such an exalted priest-king figure.

This practice was then appropriated by Judaism when it became systematised as a religion, probably facilitated by the institutionalisation of the Levitical priesthood.

Now, let’s return to the question: who is a priest (who should receive tithes) in our contemporary context? Does it include the young pastor who was fired – and so ‘de-ordained’ – by his bishop some months ago because he wasn’t ‘doing well’ (‘doing well’ in this case being nothing but making much more money for his church)?

If this is so, then priesthood would be no less than a precarious and temporary position where the priest/pastor could be ‘un-priested’ according to the whims and caprices of his bishop.

Does it include the young man who, having failed in all previous endeavors,worst of all in academics, decided to convert a warehouse near Onitsha Main Market to a church to hoodwink unsuspecting traders?

Does it include the young man from a neighboring village to mine who, for no fault of his (i.e., given the general unemployment in the country), began to feel ‘called’; and so, submitted himself after some weeks of training to be ordained by a self-acclaimed bishop who pays himN30k per month to lead a branch of his church?

Should we focus onthe priest/pastor/venerable of more traditional churches that have existed for a couple of centuries? Or should we limit the term ‘priest’ to the Church that has had an unbroken chain of succession from the Seat of St. Peter, spanning over 2 millennia, and possessing a self-understanding of the priesthood the considers it an indelible character, quite immune to the vicissitudes of life?

Dear reader, your guess is as good as mine. But irrespective of what you consider priesthood and who you consider your priest, the point is that tithe is epiphenomenal (i.e. of little importance) to Christianity. Indeed, for Christ, the “weightier” part of the law is summed up in the four-letter word, LOVE.

What is more, the key significance of the Melchizedek imagery for our purposes, as invoked in the Letter to the Hebrews, is that Christ is our eternal High Priest, who has offered the one single efficacious Sacrifice for our sins. The import is that you don’t need to pay tithes to be blessed by God.

The one single Sacrifice – Christ – is enough blessing for you. I’m aware Nigerians are crazy about ‘favors’; then know it today that Christ and Christ alone is your Favor! And, certainly, you will not “miss heaven” if you don’t pay your tithes, quite contrary to the GO’s threat I referred to above.

I wish to remain true to my promise not to interfere with your decision and to even suggest ways in which one could be supportive to the church outside the ‘tithe’ framework. In a place like Germany, where I spend most of my Summers, there is an organized system whereby willing members part with some portion of their monthly incomes for the support of the Church.

The priest/pastor does not even know how it is administered; all he knows is that he receives his salaries promptly, the church is well-maintained, the secretary, cook (if he has any) and other functionaries are paid.Well, our people may not be as disciplined and advanced as Germans –and, if you think about it, it’s all a symptom of a culture whereby the priest/pastor wants to control everything.

Yet something could still be done.

For instance, Nigerians are some of the most generous people I have seen on the planet when it comes to giving to the church. Therefore, occasional but prudent fundraising, offering and free-will donations could be organized to address specific needs.

As has been established earlier, the poor is the ‘God’ that is being directly robbed in matters of tithes. Hence, beyond being used for the normal functioning of the Church, such fundraising, offering, and donations should also benefit the poor. Nigeria is not in short supply of the poor. If the singer,Davido, could put up a well-organized nation-wide outreach to the poor, the Church could do even better.

We can begin with our immediate neighborhoods, the hospitals and orphanages nearby.The New testament is replete with examples where Christians made collections for the poor.There are examples where richer churches contributed to poorer ones. We find a good example in Rom. 15: 28 (also see 2 Cor. 9: 6-10).

In fact, if one reads the Letter to the Romans properly, it becomes clear that the letter was primarily occasioned by such instances of richer churches contributing to help poorer ones (see Rom. 15:28).

The early Church demonstrated so much solidarity that there “was not a needy person among them” (Acts 4:34). This is the true meaning of tithe! We should therefore put an end to the culture wherein tithes are collected from poor members to erect universities and institutions that are not accessible to the children of the same poor tithe-payers.

“But the hour is coming,” says Jesus, “when the true worshippers will worship the Father in spirit and truth” (John 4.23). If you want to really serve God in “spirit and truth,” devoid of hypocrisy, you must choose today if tithing would play any role in this regard. You may also opt for more robust ways of being supportive to the church and the poor.

TITHES: TO PAY or NOT TO PAY? That’s the question. Dear Christian, the choice is yours.

Nigerian Christians Thrown To The Wolves

BY KATHRYN LOPEZ, NATIONAL REVIEW

Bishop Stephen Dami Manza

Imagine knowing that the very act of going to a religious service would likely result in violence and death. In Nigeria, churches have been sent warning letters instructing them to shut down or face “ferocious” attacks. That’s some Christmas card! In a perhaps not unrelated event, just before Thanksgiving, as U.S. Secretary of State Antony Blinken was set to arrive in Nigeria as part of his tour of Africa, the country was cruelly and infuriatingly de-listed from the roster of Countries of Particular Concern for Religious Freedom by the U.S. State Department.

Christians in Nigeria rightfully feel abandoned by the United States. In a distressing new video released by the Religious Freedom Institute, Bishop Stephen Dami Mamza of Northeast Nigeria says Christians are disheartened by the perplexing move. “All Christians in Nigeria are feeling bad” about it, he says, fearing an upswing in anti-Christian violence.


In 2014, much of Bishop Mamza’s diocese was devastated by Boko Haram marauders. As the region was occupied by the Islamist terrorist group, members of his flock fled, leaving their whole lives behind. Some of them were able to go back in 2016, but there was nothing there for them. Their homes and farms had all been destroyed.



Mamza says he is hard-pressed to find a family that has not lost someone to that murderous violence — he lost his elder brother, cousins and uncles. He says people are traumatized — and they remain surrounded by people who hate them.


The religious-freedom designation exists for countries where there are “systematic, ongoing egregious violations of religious freedom, among other cruelties to the human person because of religion. The bipartisan United States Commission on Religious Freedom immediately said it was “appalled” by the move. The USCRF exists in part to advise the U.S. government about the list, and the State Department ignored its recommendation to keep Nigeria on the list.


“How is Nigeria different than the Nigeria of two years ago?” Mamza asks. “The persecution here is more intense now than ever.” He asks the U.S. State Department to explain what data they used, because it’s not reflective of the facts on the ground. He is saddened that the Biden administration didn’t actually talk to Christians in Nigeria before making its move.



Eric Patterson of the Religious Freedom Institute also warns against explaining away the violence in Nigeria as something other than religious. Listen to the perpetrators, he says — they say their motivation is religious — they want Christians dead.


The Religious Freedom Institute recently held a virtual panel that should embarrass all Americans. It was called “America’s Indifference to the Plight of Nigerian Christians: A Conversation about U.S. Policy.”


“There are a set of overlapping catastrophes happening in Nigeria,” Patterson said. “For more than a decade, Boko Haram, Islamic State of West Africa and criminal and terrorist organizations have murdered 90,000 of their fellow citizens — their fellow Sunni Muslims, the Shia minority and Christians.”


The U.S. ambassador to Nigeria has dismissed concerns about the violence against Christians. During the Religious Freedom panel, Nina Shea from the Hudson Institute pointed out that we are watching “a growing spreading, bloodied disintegration of northern Nigeria.” If it continues unabated, it will both destabilize the country and radicalize it, and “create incalculable human misery.”


“This is a U.S. national security threat,” Shea says, “that the United States is completely missing.” She says the delisting of Nigeria is a “betrayal” for what we stand for as a country.


Remember these long-suffering people this Christmas. You can watch a short video on the YouTube of the Religious Freedom Institute — look in the faces of some of the people we have abandoned — and witness the courage of Bishop Mamza, who says God will bless you for your prayers. Keep an eye on what is happening and educate people to create moral pressure for our government to undo this injustice.

Mass Anti-Coup Parotests In Sudan Mark Uprising Anniversary

BY SAMY MAGDY

People take part in a protest against the October military takeover and a subsequent deal that reinstated Prime Minister Abdalla Hamdok but sidelined the movement in Khartoum, Sudan, Sunday, Dec. 25, 2021. (AP Photo/Marwan Ali)



CAIRO (ASSOCIATED PRESS) — Sudanese took to the streets in the capital of Khartoum and elsewhere across the country for mass protests Sunday against an October military takeover and a subsequent deal that reinstated Prime Minister Abdalla Hamdok but sidelined the movement.

The demonstrations mark the third anniversary of the uprising that eventually forced the military removal of longtime autocrat Omar al-Bashir and his Islamist government in April 2019.

Sudan then followed a fragile path toward democracy and ruled by a joint military-civilian government. The October 25 coup has rattled the transition and led to relentless street protests.

Video footage circulated online purported to show protesters marching in the streets of Khartoum and its twin city of Omdurman on Sunday. Protesters were seen waving the Sudanese flag and white ones with printed images of those killed in the uprising and ensuing protests.

Ahead of the demonstrations, Sudan’s authorities tightened security across the capital, barricading government and military buildings to prevent protesters from reaching the military’s headquarters and the presidential palace. They also blocked major roads and bridges linking Khartoum and Omdurman across the Nile River.

Security forces used tear gas to disperse protesters headed toward the palace on the bank of the Blue Nile in the heart of Khartoum, according to activist Nazim Sirag. There were no immediate reports of causalities.

There were also protests in other cities including in Atbara, the birthplace of the uprising against al-Bashir.

The protests were called by the pro-democracy movement that led the uprising against al-Bashir and stuck a power-sharing deal with the generals in the months that followed his ouster.

Relations between the generals and the civilians in the transitional government were shaky and capped by the military’s Oct. 25 takeover that removed Hamdok’s government.

Hamdok was reinstated last month amid international pressure in a deal that calls for an independent technocratic Cabinet under military oversight led by him. The agreement included the release of government officials and politicians detained since the coup.

Talks are underway to agree on what Gen. Abdel-Fattah Burhan, head of the ruling Sovereign Council, described as a “new political charter” focused on establishing a broader consensus among all political forces and movements.

Addressing Sudanese late Saturday ahead of the protests, Hamdok said he stuck the Nov. 21 deal with the military mainly to prevent bloodshed. He warned that the country could slide further into chaos amid uphill economic and security challenges.

“Today, we are facing a retreat in the path of our revolution that threatens the country’s security and integrity,” Hamdok said, adding that the agreement was meant to preserve achievements his government made in the past two years, and to “protect our nation from sliding to a new international isolation.”

“The deal, in my view, is the most effective and inexpensive means to return to the course of civic and democratic transition,” he said.

Hamdok urged political parties and movements to agree on a “national charter” to complete the democratic transition and achieve peace with rebel groups.

The pro-democracy movement has meanwhile insisted that power be handed over to a civilian government to lead the transition. Their relentless protests follow the slogan: “No negotiations, no compromise, no power-sharing” with the military.

The list of demands also includes restructuring the military and other security agencies under civilian oversight and disbanding militias. One is the Rapid Support Forces, a paramilitary force that grew out of janjaweed militias and is accused of atrocities during the Darfur conflict and most recently against pro-democracy protesters.

The continued protests since the coup have increased pressure on the military and Hamdok, who has yet to announce his Cabinet.

Security forces used violence, including firing live ammunition at protesters, in the past round of demonstrations, according to activists. At least 45 people were killed and hundreds wounded in protests triggered by the coup, according to a tally by a Sudanese medical group.

A-List Igbo Leaders Say Final Farewell To Adanma Okpara

BY IHECHINYERE CHIGEMERI-UWOM

 

UMUAHIA, ABIA STATE (PM NEWS) Adanma died on Aug. 22 at the age of 99 and was buried in her country home in Umuegwu-Okpuala, Umuahia North Local Government Area.

Many dignitaries attended the burial ceremony.

Governor Gov. Okezie Ikpeazu was the chief host. His deputy Use Oko Chukwu, the Speaker Chinedum Orji, the Senate minority leader, Sen. Enyinnaya Abaribe also attended.

Others are the former Governor of Anambra State, Mr Peter Obi, former PDP National Organising Secretary, Col. Austin Akobundu, and former Senate President, Sen. Adolphus Wabara.

Dr Uche Ogah, the Minister of State for Mines and Steel Development and Sen. Theodore Orji (Abia Central-PDP), Chief Okwesilieze Nwodo, the former governor of old Enugu State also came to bid Adanma farewell.

At the funeral service held at Williams Memorial Grammar School, Afugiri, the Prelate of Methodist Church of Nigeria (MCN), Dr Samuel Uche, expressed delight that the Adanma lived a life worthy of emulation.

He said she lived a life full of humility, decency and sacrifices, with which she touched the lives of people that encountered.

Uche said that the event was a time for the living to ruminate over the transient ephemeral nature of life.

“Late Dr and Mrs Okpara were neither extravagant nor ostentatious. Mrs Okpara was virtuous and prayerful and did not want her husband to acquire stolen wealth.

“I encourage today’s leaders and their spouses to emulate the Okparas as well as understand that what matters is the good name you leave behind; not the wealth,” he said.

Gov. Ikpeazu said that the funeral was a moment of sober reflection on the glorious era of late Dr Michael Okpara as Premier of the former Eastern Nigeria, as his achievements were a great challenge to leaders.

Ikpeazu said that the deceased did not fail to teach humility and service to the people she came in contact with.

“So let us use today’s event to raise our feelings of brotherhood, reawaken our strength, resilience and entrepreneurial spirit as a people,” he said.

Dr Uche Ogah, described the deceased as “one of our best”, who supported her late husband to bring Eastern Nigeria to limelight.

He stated that the deceased and her husband lived exemplary lives which ought to be emulated by all.

Sen. Theodore Orji (Abia Central-PDP), said that the lifestyle of the deceased showed that she was a peaceful person and this reflected in her marriage and family.

Orji prayed God to give the family and the people of Abia the fortitude to bear the loss.

Nwodo described the deceased as a woman of virtue, who upheld the principles of discipline.

Nwodo said that the deceased was a worthy companion to her husband and urged families to learn from their relationship.

In a funeral oration, the First daughter of Adanma, Mrs Chinyere Eccles-James, said their mother was a great source of inspiration to many.

Eccles-James said that their mother lived a life of continuous goodwill and service to God and humanity.

In Nigeria, The Government Weaponises The Law Against Online Expression

BY TOMIWA ILORI 

ABUJA, NIGERIA (GLOBAL VOICES) Online expression is not free in Nigeria. In fact, laws that ought to protect online expression in Nigeria are currently being used to violate it.

In particular, the Nigerian government has routinely used the Nigerian Communications Act of 2003 (NCA) to justify the violation of online expression. Oftentimes, the government orders Internet Service Providers (ISPs) through the Nigerian Communications Commission (NCC) to block websites or social media platforms, and the ISPs (internet service provider) also roll over and carry out the government’s bidding without any pushback. As a result, the government continues to carry out unwarranted attacks against online expression.

In 2017, the NCC ordered ISPs to restrict access to certain websites belonging to Biafran separatists agitating for self-governance in the southeastern region of Nigeria based on section 146 of the act, and ISPs complied with the order. While there could be grounds for restricting the separatists’ websites, there are no clear indications that the provisions of the NCA were complied with before giving such an order. In a letter dated January 21, 2021, the NCC ordered MTN, an ISP operating in Nigeria, to restrict access to the website of an online news outlet, Peoples’ Gazette based on section 146 of the NCA. In the past, Peoples’ Gazette had been critical of the Nigerian government and its policies by exposing state-enabled corruption and human rights violations.

In June 2021, the Nigerian government also ordered ISPs to restrict Nigerians’ access to Twitter, a social media platform. The order was based on the claim that the platform is being used for “activities capable of undermining Nigeria’s corporate existence,” and the ISPs complied. Amnesty International has described the order as “clear violations of the right to freedom of expression, access to information and freedom of the press.”

How the NCA is used to violate online expression in Nigeria

As provided for under section 1, the NCA seeks to provide regulatory oversight for Nigeria’s telecommunications sector, while section 3 establishes the NCC to carry out day-to-day regulatory functions with respect to the telecommunications sector. However, some provisions of the act are being weaponized by the Nigerian government to clamp down on online expression in Nigeria.

For example, section 146(2) of the act provides that, upon a written request by the NCC, an ISP must assist in the prevention of an offense in Nigeria. Section 148(1) of the act then provides for instances where the NCC may act in the interest of public safety to suspend the license of an ISP, withdraw the services or network facilities of an ISP, order that a specified communication should not be communicated from or to an ISP, or order taking over an ISP’s equipment.

In addition to these provisions, section 53(2) of the act requires that, before the NCC issues a direction in writing to ISPs for compliance or non-compliance with the act, a person against whom such direction is issued must be provided with a notice to defend their actions. In the examples highlighted above, there was no evidence that the NCC complied with section 53(2).

Legal obligations to protect online expression

Section 39 of the 1999 Constitution of Nigeria guarantees the protection of the right to freedom of expression, opinion and access to information. The right is not absolute and can be limited in some instances. However, such instances must be clear, and they are provided for under section 45 of the Constitution. It states that limitations of the right must be reasonably justifiable in a democratic society to protect public interest and the rights of others.

In addition to these provisions, the Nigerian government also has obligations to protect the right under international human rights standards such as the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (African Charter). Article 19(1) and (2) of the ICCPR say that everyone has the right to their opinion and expression. Article 19(3) has also been interpreted to mean that, for the right to freedom of expression to be limited, it must be provided for by law, it must be based on a legitimate reason, the measure used to restrict such right must be proportional, and the restriction must be necessary.

Article 9 of the African Charter also guarantees the right to freedom of expression. In addition, in 2019, the African Commission on Human and Peoples’ Rights, fulfilling its mandate to protect the rights provided for under the African Charter, recently revised the Declaration of Principles on Freedom of Expression and Access to Information. Principle 38 of the revised declaration holds that states shall not interfere with individuals’ right to receive and impart information online by blocking content, except when such interference is in line with international human rights standards.

While the provisions of section 146 of the NCA highlighted above provides for legitimate instances such as public safety or public emergencies to block online content, the outright blocking of websites without considering other least intrusive measures like limiting specific content does not comply with Nigeria’s Constitution and internationally set standards. In addition to this, the Nigerian government has not shown any verifiable connection between this content and the harm it supposedly causes. It appears that the Nigerian government weaponises the term “national security” to clamp down on online expression without providing any specific examples to justify its use or show that its actions are reasonably justifiable in a democratic society.

As a way forward, policymakers, the private sector and civil society need to note that laws like the NCA are being weaponised against online expression in Nigeria. The National Assembly should ensure a digital rights approach to its laws, and laws like the NCA must be brought in line with constitutional and international human rights standards. This includes amending the provisions of the NCA and ensuring that, at least, laws that ought to protect digital rights like online expression are not used to violate it.

Civil society also has a crucial role to play in monitoring the reforms and implementation of laws that impact online expression in Nigeria. This can be done by strategic advocacy that knows when to name abuse of state powers, when to shame it, and when to collaborate for meaningful policy reforms. This advocacy can also train strategic stakeholders like legislators, government agencies, law enforcement and other state actors on the importance of free online expression.

Lastly, ISPs will need to stop rolling over and maximize their economic power to demand the protection of online expression in Nigeria. It is not in the best interest of anyone that human rights protection is allowed to be sacrificed on the altar of business.