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Between EFCC, Obla, SAN and the law
28 November 2016, Chief Godwin Obla (SAN), a former prosecutor with the Economic and Financial Crimes Commission (EFCC), was arraigned before a Lagos High Court in Suit No: LD/3671C/16 alongside the Justice Rita Ofili-Ajumogobia, then a Judge of the Federal High Court, on the allegation that he bribed the latter with the sum of N5 million to secure the conviction of the Defendant in Charge No.:FHC/L/C/482C/10 between the Federal Republic of Nigeria v. Raymond TemisanOmatseye.
Interestingly, the case of FRN V Omatseye was a criminal prosecution in respect of which the EFCC itself had briefed Obla and provided the proof of evidence, witnesses and other information utilized by Oblain the course of the trial.
This trial commenced in February 2011 before Justice Binta Nyako until 2013 when Obla filed an amended Charge and the Defendant was consequently rearraigned before Justice Ajumogobia.
The entire trial spanned the course of 5 years i.e. between the first arraignment in 2011 and 20 May 2016 whenthe judgment convicting the Defendant for sundry breaches of the Public Procurement Act was delivered.
In this 5 -year period, Obla appeared before the Court on at least 46 occasions along with junior Counsel on behalf on the EFCC.
It is on record that Omatseye’s conviction was very significant in the fight against corruption and was widely celebrated as the first conviction ever secured by the EFCC for breach of contract approval thresholds under the Public Procurement Act.
One factor which lends credence to this assertion was the wide celebration by the EFCC of this conviction/Judgment. For instance, the EFCC in its Press Release dated 20th May 2016(which continues to appear on its website www.efccnigeria.org)had the following to say about the Judgment:
“After five years of grueling legal battle, justice is finally served as a Federal High Court sitting in Lagos today convicted a former Director General of the Nigeria Maritime Administration and Safety Agency, NIMASA, Mr. TemisanOmatseye.
Justice Rita Ofili- Ajumogobia in a landmark ruling convicted the former DG on 25 of the 27-count charge bordering on alleged contract variation, bid rigging and awarding contract above his approval limit which violates the provisions of the Public Procurement Act, brought against him by the Economic and Financial Crimes Commission, EFCC.”
Again, on May 27 2016, the Acting Chairman of the EFCC, whilst speaking at the launch of the “Clean Hands Against Corruption Campaign” at the Eagle Square in Abuja alluded to the conviction of Raymond Omatseye as one of the “140 convictions the Economic and Financial Crimes Commission (EFCC) has secured in six months.”
It is perhaps curious that the same EFCC which lauded the conviction of Raymond Omatseye at several fora, made a complete volte-face to allege that the conviction was secured as a result of “perversion of justice”, moresoas no indication has been given as to whatever motivation Obla might have had to pay a bribe to secure a conviction on a case investigated by the EFCC and for which the EFCC itself provided the witnesses and proof of evidence. By alleging that Obla attempted to “pervert the course of justice” in the case of FEDERAL REPUBLIC OF NIGERIA v. OMATSEYE, one wonders whether the EFCC was contending that the accused person in that case- who was investigated by the EFCC itself, ought not to have been tried at all, much less convicted and instead ought to have been discharged and acquitted.
In addition to the Omatseye trial,at several times between 2008 and 2015, Obla was engaged by the EFCC to prosecute and/or defend a number of cases at various courts against persons alleged to have been involved in economic and financial crimes or in respect of which the EFCC had been sued.
By virtue of the various instructions of the EFCC to Obla for these various cases, Obla led the prosecution of over 40 cases and spearheaded the recovery of various properties and assets (including cash and shares in Banks and other companies) for the benefit of the EFCC and the Federal Government of Nigeria. All of these forfeited properties/monies were duly handed over to the EFCC.
Despite these sterling achievements as a prosecutor, the EFCC consistently failed to pay Obla’s professional fees and to reimburse him for out-of-pocket expenses incurred by him in the course of representing the EFCC in all those cases. All demands by Obla for payment of the said fees and expenses as well as all the reminders issued in their regard were ignored by the EFCC.
Despite the EFCC’s treatment of Obla’s request for fees, to ensure the unimpeded prosecution of these cases, many of which were at crucial and delicate stages of trial, Obla, on behalf and with the full knowledge of the EFCC, continued to incur out-of-pocket expenses to cover filing fees, transport costs for himself and junior colleagues (including flight tickets to attend matters outside jurisdiction), clerical and secretarial costs, accommodation, telephone services, appearances costs etc., all of which culminated in several judgments/rulings/orders in favour of the EFCC and the forfeiture of significant assets and properties (real and monetary).
Notwithstandingits persistent failure to pay Obla’s fees, the EFCC, by a letter dated 14thMarch 2016 purported to disengage Obla from providing legal services to the Commission. In response to the EFCC’s letter, Obla wrote a letter to the EFCC dated14th April 2016 by which he issued a reminder on the long overdue fees and expenses owed to him. It was in the course of this exchange on the issue of fees that the EFCC, perhaps motivated by a desire to avoid the payment of its debts to Obla, filed a criminal charge against Obla and Justice Ajumogobia before the High Court of Lagos State in SUIT NO: LD/3671C/16, alleging that Obla bribed Justice Ajumogobia to ‘procure’ the conviction ofOmatseye in the EFCC case of FRN V OMATSEYE (Charge No.: FHC/L/C/482C/1.
Obla has since filed a suit against the EFCC before the High Court of the Federal Capital Territory in Suit No: CV/3220/17 claimingthe sum of N 685,389,928.10 (Six Hundred and Eighty-Five Million, Three Hundred and Eighty-Nine Thousand, Nine Hundred and Twenty-Eight Naira and 10 Kobo) and $ 202,460.47 (Two Hundred and Two Thousand, Four Hundred and Sixty Dollars and Forty-Seven Cents) as fees and expenses owed to him by the EFCC.
This suit was initially before the Justice Valentine Ashi(of blessed memory), and in the course of the trial the parties had led their evidence and filed their final addresses.
It was while waiting for a date for the adoption of the respective final addresses that news filtered in of the unfortunate demise of the presiding Judge.
The case has recently started de novo before the Justice Adeniyi of the High Court of the FCT.
On 28 November 2016, Justice Rita Ofili-Ajumogobia and Godwin Obla (SAN) were arraigned before Justice Hakeem Oshodi of the Lagos State High Court, Ikejaon a 30-count Information dated November 17, 2016- Suit No: LD/3671C/16.The Information was subsequently substituted with a 31-Count Amended Information dated21st February 2018.
Obla was only affected by Counts 1-4 of the information where he was charged with the following:
Conspiracy to pervert the course of justice contrary to section 97(1) of the Criminal Law of Lagos State, No. 11, 2011.
That you HON. JUSTICE RITA NGOZI OFILI AJUMOGOBIA AND GODWIN OBLA (SAN) on or about the 21st day of May, 2015 in Lagos within the jurisdiction of this Honourable Court, conspired with one another to pervert the course of justice in Charge No. FHC/L/C/482C/10 with the sum of N 5,000,000.00 (Five Million Naira).
Attempt to pervert the course of justice contrary to section 97 (1) of the Criminal Law of Lagos State, No. 11, 2011
That you HON. JUSTICE RITA NGOZI OFILI AJUMOGOBIA AND GODWIN OBLA (SAN) on or about the 21st of May 2015 in Lagos within the jurisdiction of this Honourable Court, attempted to pervert the course of justice in Charge No. FHC/L/C/482C/10 with the sum of N 5,000,000.00 (Five Million Naira)
Offering gratification to a public official contrary to section 64 (1) of the Criminal Law of Lagos State, No. 11, 2011
That you GODWIN OBLA (SAN) on or about the 21st day of May, 2015 in Lagos within the jurisdiction of this Honourable Court intentionally gave the sum of N 5,000,000.00 (Five Million Naira only) to Hon. Justice RITA NGOZI OFILI AJUMOGOBIA of the Federal High Court directly from your Obla and Company’s account No. 1015319084 domiciled in the United Bank for Africa Plc, in order that the said Judge acts in the exercise of her official duties.
Offering gratification to a public official contrary to section 64 (1) of the Criminal Law of Lagos State, No. 11, 2011.
That you GODWIN OBLA (SAN) on or about the 21st day of May, 2015 in Lagos within the jurisdiction of this Honourable Court, intentionally gave the sum of N 5,000,000.00 (Five Million Naira only) to Hon. Justice RITA NGOZI OFILI AJUMOGOBIA of the Federal High Court directly from your Obla and Company’s account No. 1015319084 domiciled in the United Bank for Africa Plc, in order that the said Judge refrains from acting in the exercise of her official duties.”
The trial before the Lagos State High Court spanned more than two (2) years and came up on more than 22 separate dates between28th November 2018 and 16th April 2019 as follows: 28thNovember 2016, 8thDecember 2016, 9thJanuary 2017, 30thJanuary 2017,10thMarch 2017, 17thMarch 2017, 28th April 2017, 26thMay 2017, 1stJune 2017, 6thJuly 2018, 29thSeptember 2017, 10thNovember 2017, 26thJanuary 2018, 23rdFebruary 2018, 23rdMarch 2018, 20thApril 2018, 25thMay 2018, 8thJune 2018, 14thSeptember 2018, 2ndNovember 2018, 14thDecember 2018, 25thJanuary 2019 and 16thApril 2019.
At the Lagos High Court, the EFCC called 14 witnesses and eventually closed its case on14th September 2018.
In the course of its presentation of its case, the EFCC demonstrated that whereas the Charge against Obla was for the payment of N 5 millionfrom his UBA Account, allegedly to Justice Ajumogobia to pervert the course of justice, the evidence before the Court was that no payment was made by Obla into any of her personal accounts. Instead, the payment of the N 5 million in contention was to a registered company – Nigel &Colive Ltd- whose directors did not include Ajumogobia.
Other elements of the EFCC’s case included that no petition was filed against Obla alleging any wrongdoing on Obla’s part in connection with the Omatseye case; that the EFCC did not investigate Obla’s defence that the payment of the amount in question was for the purpose of obtaining building materials for his construction site; that the EFCC defended the Omatseye Judgment and vigorously resisted the Appeal against his conviction; and that the EFCC’s conclusion that Obla paid a bribe was essentially not predicated on any hard facts.
Obla immediately responded to the closure of the prosecution’s case by filing a no case submission on the same date (14thSeptember 2018), seeking an order of acquittal on the ground that the prosecution had not made out a sufficient case to warrant a defence.
Notwithstanding the weighty submissions made in Obla’s no case submission, the EFCC never filed any reaction to it before the Court.
After Obla filed his no case submission and the EFCC failed/refused to file any response, Justice Ajumogobiafiled a motion challenging the jurisdiction of the Court on the ground that, being a judicial officer and by virtue of the judgment of the Court of Appeal in the case of NGANJIWA V FRN(delivered on 11th December 2017), the charge against her could not have been filed until after disciplinary action by the National Judicial Council had been taken against her. Surprisingly, the EFCC Counsel, Rotimi Oyedepo, who had conveniently failed to respond to Obla’s no case submission, immediately filed a counter affidavit conceding to Justice Ajumogobia’s objection and in fact urged the court to strike out the charge and discharge both Obla and Ajumogobia.
Obla’s Counsel (Chief I.A. Adedipe, SAN andChief F.O. Orbih, SAN)both argued that considering the stage of the proceedings, the EFCC’s failure/refusal to file any response to Obla’s no case submission ought to be interpreted as a concession to the fact that Obla was entitled to an order discharging and acquitting him on all the counts of the Amended Information related to him.
The Judge however opined that since the jurisdiction of the Court had been challenged, the only issue to consider was whether or not the Court had the jurisdiction to continue with the trial.
Consequently, after more than two years of trial, Justice H. Oshodi on 16th April 2019delivered a ruling striking out the charge before the Lagos High Court. The Court held that based on the judicial precedent set by the case of Nganjiwa V. FRN, the High Court lacked jurisdiction to hear the suit, as the EFCC “jumped the gun” in filing the Amended Information.
The Court, in its Ruling, seriously deprecated the conduct of both the EFCC and its Counsel, Rotimi Oyedepo and condemned its prosecution of the case in the following words:
“Before concluding, the Court will want to make one or two comments.
As noted above, the Prosecution, as at Monday 11th December 2017 was aware, as a result of the decision of the Court of Appeal in HON. JUSTICE HYELADZIRA NGANJIWA V FEDERAL REPUBLIC OF NIGERIA (Supra) that the Court lacked jurisdiction to entertain the criminal action filed against the 1stDefendant. As at that day, the 1stAmended Information was yet to be filed. As at that day, the 12th (twelfth) witness for the Prosecution was still giving evidence. One would have thought that the Prosecution would have urged the Court to strike out the case as a consequence of the decision of the Court of Appeal. But no! the Prosecution still persisted, like a bull running amok, amended the Information and called 2 (two) further witnesses.
It ought to be pointed out for record purpose that a counsel is a minister in the temple of justice and as an officer of the Court, a counsel has a duty to assist the Court rather than mislead it. In other climes, where learned counsel that find themselves in such a position, as an officer of the court, will have brought a proper application to have the case abated. Why the Prosecution went on with proceedings when it is obvious that all what the Court was doing amounted to a nullity is best known to them. Precious judicial time had been wasted. Though the Court is aware of the provision of Section 285 (1) of the Administration of Criminal Justice Law 2015, which is against a Private Prosecutor, it is so unfortunate that in our judicial system, we have still not devised ways and means to condemn a Prosecuting Agency of the Government, be it State or Federal, in a criminal action by the payment of heavy cost in situations as this instance, having in mind that a Defendant will have incurred cost in defending the charge, albeit a worthless charge.
It has to be restated that there is no doubt that a counsel is duty bound to present his clients’ case with utmost devotion. But such devotion must be coloured with professional discretion. In other words, counsel must be the master in the conduct of his client’s case and should not be dictated to by his client as to how to conduct the case. It is in recognition of that authority of counsel that Rules 14(c) and 18(a) of the Rules of Professional Conduct, published as Government Notice No. 69 in Federal Official Gazette No. 5 of 18th January 1980 which deals with how far a lawyer may go in supporting a client’s case and the right of the lawyer to control the incidents of the trial, makes it a provision of a law.
No fear of judicial disfavour of public unpopularity should restrain counsel from the full discharge of his duty. In the judicial forum the client is entitled to expect his lawyer to assert every such remedy or defence. It must however be borne in mind that the great trust of the lawyer is to be performed within and not without the bounds of the law…”
The ruling of the Lagos State High Court and the comments of the trial Judge raisea few interesting issues.
For instance, why did the prosecution deliberately refuse to notify the Lagos State High Court that the Court lacked jurisdiction as soon as it became aware of that fact? This is even more curious when it is considered that the EFCC was a party to the NGANJIWA case and that it was in fact the same prosecutor (Rotimi Oyedepo) that appeared for the Federal Republic of Nigeria in that case that prosecuted the case against Obla and Ajumogobia at the Lagos State High Court. Again, it is worth asking what the prosecution intended to achieve by calling more witnesses in the trial even after becoming aware that by the decision inNGANJIWA’S case the Court lacked the jurisdiction to try the case, only to subsequently concede to the court’s lack of jurisdiction several months after at the time it did.
It would seem from the observations made by Justice Oshodi J. in his ruling, that the prosecution’s desire to proceed with a trial even when it was apparent that the court lacked jurisdiction smacked of an intent to persecute the defendants, and not to prosecute them within the bounds of the law.
On 16th April 2019- the same date the Lagos High Court delivered its judgment striking out the Information against Obla and Ajumogobia- Obla filed a notice of appeal (APPEAL NO: CA/LAG/CR/517/2019)challenging the decision of the Court to merely strike out the Information without acquitting him. This Notice of Appeal was subsequently replaced by one filed on 30thApril 2019.
This Appeal mainly seeks an Order of the Court of Appeal discharging and acquitting Obla on the relevant counts of the Information filed at the High Court of Lagos State, having regard to the EFCC’s failure to respond to his no case submission and its concession to the lack of jurisdiction at that stage. The prayers sought in the Appeal (which is currently before the Court of Appeal, Lagos Division) are as follows:
a. “AN ORDER of the Court of Appeal allowing this appeal and setting aside the decision/Ruling of the High Court of Justice of Lagos State delivered on 16 April 2019.
b. AN ORDER of the Court of Appealinvoking its jurisdiction under Section 15 of the Court of Appeal Act Cap. C36 LFN 2004 by assuming jurisdiction over the Appellant’s Application made on 25 January 2019and granting an order permitting the separate trial of the Appellant on Counts 1, 2, 3 and 4 of the 1st Amended Information dated 21 February 2018.
AND/OR ALTERNATIVELY
c. AN ORDER of the Court of Appeal invoking its jurisdiction under Section 15 of the Court of Appeal Cap. C36 LFN 2004to hear and determine the Appellant’s no case submission dated14 September 2018.
d. A CONSEQUENTIAL ORDERdischarging and acquitting the Appellant on Counts 1, 2, 3 and 4 as contained in the 1st Amended Information dated 21st February 2018.”
Obla’sAppellant’S Brief was filed on 8 May 2019 and it was served on the EFCC on the same day. Following the EFCC’s failure to file its Brief, Obla’s Counsel filed a Notice of Motion dated 8November 2019 (Motion No: CA/LAG/ROA/CA/128/M/2019) seeking an Order setting the Appeal down for hearing on the Appellant’s Brief alone. The Court of Appeal then fixed 17 October 2019 to hear the said application.
On 16 October 2019, just one day before the date fixed for the hearing of the motion, the EFCCfinally filed its Brief of Argument along with an application to regularize its position in the Appeal.Obla immediately filed his Reply Brief on 17 October 2019 and on the said date withdrew the application dated 8 November 2019.
The Appeal has now been fixed for hearing on 28th May 2020.
On 17th April 2019 – a day after the ruling of the Lagos State High Court striking out the charge and discharging the defendants- the EFCC re-arraigned the defendants before Justice R. Aikawa of the Federal High Court on an 18-count Charge bordering on conspiracy, unlawful enrichment, and money laundering- Charge No: FHC/139C/19.
A review of this fresh Charge shows thatCounts 1,2 and 3which affect Obla personally are predicated on the same facts and elements as Counts 1,2,3 and 4 of the Information struck out by the Lagos High Court (SUIT NO: LD/3671C/16).
In effect therefore, the filing of this fresh Charge at the Federal High Court on the same facts and evidence as the Information previously struck out by the Lagos High Court (and which is the basis of Obla’s pending appeal) appeared to be an abuse of Court process.
In line with the above, Obla filed an application at the Federal High Court to quash the charge for being an abuse of Court process and a constructive attempt to render Obla’s pending appeal nugatory.
The motion also sought an alternativeorder permitting the separate trial of the Defendants. This Application was predicated on the following points:
That the charge filed at the Federal High Court is:
a. On the same set of facts and in relation to the same transaction which were/was the subject of the prosecution at the Lagos State High Court.
b. Against the same Defendants as with the case at the Lagos High Court
c. Founded on the same proof of evidence and witnesses as with the prosecution at the Lagos High Court.
d. Prejudicial to the appeal filed by Obla and is obviously intended to overreach him in the prosecution of the said appeal.
On 28th June 2019 Justice R. Aikawa of the Federal High Court, Lagos Division delivered a Ruling dismissing this application. Curiously, for more than three months after the delivery of this ruling, despite numerous and sustained attempts to obtain a copy of the ruling, Obla was unable to obtain a copy of this Ruling for the purpose of appealing against it until 15thOctober 2019.
The eventual release of the copy of the Ruling bearing the text of the Judge’s Ruling followed after a ruling without any text was initially handed over to Obla’s lawyers. This blank ruling was thereafter retrieved and replaced with the correct ruling in circumstances that seemed to suggest that the ruling was either not written initially or was deliberately withheld from Obla in order to frustrate his appeal.
Owing to the circumstances surrounding the non-release (and eventual release) of this ruling on Obla’s application and the general state of the matter, Obla’s lawyers wrote to the Chief Judge of the Federal High Court asking for the Charge to be reassigned to another Judge of the Federal High Courton the ground that Obla may not obtain a fair trial under the Judge presentlyseisedof the matter (i.e. Hon. Justice R.M. Aikawa).
The case at the Federal High Court is currently awaiting the decision of the Chief Judge of the Federal High Court as to whether the Charge should be reassigned to another Judge of the Federal High Court or not. In the meantime, the case has been adjourned to April 29th 2020.
Obla’s travails at the hand of the EFCC- an organization he served as a frontline prosecutor for over five years may not be unconnected with what appears to be a persecution agenda harboured by some elements within the Commission.
The circumstances of his case appear to lend credence to this perspective. Obla, for the five years he was prosecuting for the EFCC, consistently championed the prosecution of several corruption-related cases for the EFCC and obtaining the forfeiture of cash and assets worth several billions of Naira.
However, as soon as a new leadership was appointed to head the anti-graft commission, the table seemingly turned, and he became the hunted.
First, he was invited on several occasions over his perceived role in the Halliburton case- for which he was appointed by the former Attorney General Federation and Minister of Justice, Mohammed Bello Adoke, as part of the legal team which negotiate the plea bargain agreements with the companies involved in the scandal, which culminated in the recovery of the unprecedented sum of $200million for the Federal Government of Nigeria.
Thereafter the EFCC has filed criminal charges at the Lagos State High Court and the Federal High Court respectively alleging that he paid a bribe for a case handled on EFCC’s behalf.
Obla’s travails may not also be unconnected with his suit against the EFCC seeking the recovery of his professional fees to the tune of overN 685,389,928.10 (Six Hundred and Eighty-Five Million, Three Hundred and Eighty-Nine Thousand, Nine Hundred and Twenty-Eight Naira and 10 Kobo).
It is a mystery that after years of meritorious service to the EFCC in various capacities, particularly as prosecutor in no less than 40 cases involving economic and financial crimes- leading to various convictions and the forfeiture of various assets, the EFCC has chosen to treat him with disdain. It remains to be seen whether the pendulum of justice will eventually swing in Obla’s favour.
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OPEN LETTER TO HIS EMINENCE, THE SULTAN OF SOKOTO ON CALL FOR EQUAL CITIZENSHIP, MUTUAL RESPECT IRRESPECTIVE OF RELIGIOUS AFFILIATION – BY DR MIKE ACHADU
A Benue born Philanthropist Dr Mike Achadu has call for an inclusive and equitable society devoid of tribalism, ethnicity and religious extremism to foster collective unity of purpose for national development
This is contained in an open letter to the Sultan of Sokoto his Eminence,
Alhaji Muhammad Sa’ad Abubakar III and it reads in parts; “Have written this open letter to His Eminence, I believe conversations of this magnitude
should not be confined to private rooms believing that our future must be built on equal citizenship, mutual respect for each other;
“This is not an attempt to diminish the historical importance of Sultanate to bring any religious arguments but a letter of public interest with no strings attached;
“Nigerian is characterized by great minds of extreme civilizations with political institutions which emerged as a modern sovereign state with a well defined constitution that governs us with the sokoto Caliphate which represents the important chapters;
“Your eminence, Nigeria’s constitution does not establish either Islam or Christianity, your Eminence i believe your answer is No, because in the history of the territories that eventually became Nigeria does historical political authority confer permanent political ownership;?
Section 10 of the constitution provides that in 1903 the Northern and Southern Protectorates were subsequently amalgamated into religion, ethnic group and kingdom so, Nigeria has existed over decades with the conquest of the Sokoto Caliphate culminating in that history that deserves recognition and respect;
The Government of the Federation or State shall not adopt any religion as state, They establish principles of religious neutrality, freedom and equal citizenship, Your Eminence, this is where i believe our national conversation requires greater attention so that citizens may interpret exactly the same symbolically;
“This distinction became particularly visible in Nigeria’s debate over the Muslim-Muslim region.And therefore, defending constitutional religious neutrality is not an attack on Islam neither Christianity
“A political arrangement can have two realities simultaneously: That principle protects Muslims from Christians majoritaranism just as it protects Christians from Muslims and represent an important national compact of religion among others;
“Your eminence, Strategically politicians may see a particular political ticket as an effective coalition, an may ask if political cohesion belongs to right to religion and not also an attack on Christianity based on past pricidence;
“Who is to be represented when every Nigerian fundamental human rights cannot legitimately be protected and this provisions are not merely legal technicalities but strategic reality and symbolic reality;
His eminence, another question is the inclusive and exclusive presidential ticket and what does this say about the distribution of power?
“Electoral calculation , mechanism for consolidating support or means of improving Section 42 further provides constitutional protection against discrimination; Political parties rise and fall and the strength of one faith should not require the weakness of another.The security of one community should not depend upon the insecurity of another;
“Who controls the Legislature? eventually, citizens stop asking the most important question, When a politician speaks about religion, Nigerians may suspect political calculation and each community begins to measure it’s security by amount of power;This is why i believe the Sultanate has an extraordinary opportunity;
“There is a dangerous psychological temptation in deeply divided societies that gives your words a different weight as politics has become a permanent struggle for religious arithmetic that community posseses;
“When a respected religious leader speaks about peaceful co-existence the message carries a moral authority that politics often can not achieve and equally Christianity in Nigeria does not not require the political humiliation of another Nigerian simply because of religion;
“Nigerian can not become great by producing a permanent contest between Christian and Muslim and should not need each other’s permission to belong to any institutions;
,It can become great when both religion or communities began demanding something larger by the quality of governance, protection of all citizens,
“Your eminence, I believe Nigeria’s deepest problem is not simply that Muslims distrust religious suspicion which is often the language through which that distrust expresses itself through competent political power excercised for the common good of all citizens.The ultimate measure of political leadership should not be the religion of the person;
Your eminence, the future must be therefore bigger than both Christian and Muslim been the both argument whether been Hausa,Yoruba,Igbo,Tiv,Fulani or any other ethnic nationality.May Nigeria we leave our children be a country build solid foundation upon which a truly united Nigeria with profound respect for one another irrespective of religion, ethnicity, tribe among others
END
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POVERTY, REFORM AND THE PROBLEM OF CAUSATION
What the evidence says about hardship, recovery and the road ahead
By Tanimu Yakubu, Director-General, Budget Office of the Federation
The argument should begin where Nigerians live
Any serious discussion of the reforms must begin with what Nigerians can see and feel. Food is expensive. Transport takes a larger share of income. Electricity, rent and school bills press harder on household budgets. For many families, the question is not whether an economic indicator has improved. The question is whether their money can still carry them through the month.
That hardship is real, and we should say so without hesitation. But hardship by itself does not tell us what caused it, nor does it tell us whether reversing the reforms would make the country better off. Those are separate questions, and they require evidence rather than anger or reassurance.
The PUNCH report of 16 July 2026 presents poverty as persisting ‘despite reforms’. The phrase is striking, but it compresses several different issues into one. The World Bank and IMF material cited around the same debate records both a deeply vulnerable population and an economy that has returned to stronger real growth, built larger external buffers and moved away from some of the distortions that had accumulated before 2023.[1][2][3][4] The fair reading is therefore not that hardship has vanished, nor that reform has achieved nothing. It is that economic repair has begun while household relief has lagged behind.
A poverty crisis that did not begin in 2023
Nigeria did not enter May 2023 from a position of broad prosperity. Growth per person had been weak for years. Foreign exchange was scarce. Multiple exchange rates encouraged arbitrage. Fuel subsidy costs absorbed public resources. Insecurity kept farmers away from parts of the land. Electricity remained unreliable, transport was costly and too few Nigerians held secure formal jobs.[2] Poverty and vulnerability were already widespread before the present reform programme began.
That history is important because causation matters. A poverty problem built over many years cannot reasonably be attributed in full to policies introduced three years ago. But history cannot become an alibi. The exchange-rate adjustment and fuel-subsidy removal imposed immediate costs on people who had little room to absorb them. Imported goods and inputs became more expensive. Transport costs rose. Inflation eroded wages and savings. Those consequences belong in any honest account of the reforms.
We do not strengthen our case by appearing to argue that suffering is merely inherited. We strengthen it by acknowledging that necessary reforms have had painful consequences and then showing, with evidence, how our policies are reducing those consequences.
What the 79 per cent figure does — and does not — mean
The widely quoted figure that 79 per cent of Nigerians are poor or vulnerable is serious, but it needs to be read correctly. The World Bank’s Streamlined Country Diagnostic distinguishes those already below the poverty line from those who are near-poor or vulnerable to falling below it.[1][2] The number therefore describes a broad zone of insecurity, not a single poverty headcount in which every person is in the same condition.
The distinction does not soften the warning. A household only slightly above a poverty line can be pushed below it by a failed harvest, a medical bill, the loss of a job or another rise in food prices. What the figure shows is how narrow the margin of safety is for millions of Nigerians. It should not, however, be turned into proof that the reforms created a poverty stock that plainly predates them.
The economy has not collapsed, but households are still waiting
World Bank data show real GDP growth of about 4.0 per cent in 2025. The IMF estimated the same rate for 2025 and projected about 4.1 per cent for 2026. Gross international reserves were around US$46 billion at the end of 2025, up from about US$40 billion a year earlier, while net reserves also improved.[3][4] These figures are not a substitute for household welfare, but they are evidence against the claim that the economy has simply collapsed under reform.
The fall in GDP measured in current United States dollars also needs care. A sharp depreciation of the naira reduces the dollar value of naira output even when the volume of goods and services produced is rising. World Bank data can therefore show positive real growth alongside a lower current-dollar GDP.[3] The depreciation has real costs: imported inputs become more expensive and the external value of domestic incomes falls. But it is analytically wrong to treat a translation effect as if it were an equal fall in physical production.
None of this should be presented triumphantly. Nigerians do not eat reserves. A better fiscal balance does not put rice on a table by itself. The value of stabilisation lies in what it permits next: investment, production, employment, lower inflation and better public services.
Relief will come from making more things and moving them more cheaply
The most convincing answer to hardship will not come from another speech about macroeconomic stability. It will come when the supply of food, energy, transport and industrial inputs improves enough to lower costs in everyday life. That is where several large projects now approaching important stages become relevant.
The Kano-Jigawa-Katsina-Maradi railway is one example. We reported in May 2026 that the project was about 60 per cent complete, with delivery targeted for the end of 2027.[5] Its relevance is practical. Northern farmers and traders move large volumes over long distances on roads that are expensive to maintain and slow to use. A working freight corridor can lower haulage costs, widen markets for agricultural produce and improve trade through the northern border. The benefit of the railway will not be the number of kilometres of track. It will be the saving that eventually appears in the cost of moving grain, livestock, fertiliser and manufactured goods.
Lagos shows the same principle in urban transport. The first phases of the Blue and Red Lines are already carrying passengers while extensions continue.[6] For a commuter, the value of mass transit is measured in time, predictability and the share of income spent getting to work. For business, it is measured in a city that moves people with less dependence on road congestion and fuel-intensive transport. That is how infrastructure becomes an alleviative measure rather than a monument.
The Ajaokuta-Kaduna-Kano gas pipeline can have an even wider industrial effect. NNPC’s May 2026 report placed the mainline in advanced construction, installation and pre-commissioning, with early gas delivery to Abuja targeted in 2026.[7] Northern industry has long paid heavily for unreliable energy. Gas delivered into the corridor can support power generation and manufacturing, reduce dependence on expensive self-generation and make new investment more viable. The public will judge the pipeline not by its diameter, but by the factories it helps to run, the jobs it supports and the costs it helps to bring down.
Fertiliser shows what supply reform can mean on the farm
The fertiliser story is closer to the next harvest. Under the Presidential Fertiliser Initiative, more than 449,000 metric tonnes of inputs had been secured by May 2026, and we were on course for a 1.1 million metric tonne programme – roughly 22 million bags – supported by more than 90 operational blending plants.[8]
For years, the problem was not merely the existence of blending plants. A plant without raw materials is an idle factory. Information available to us indicates that, under the previous administration, some plants could secure enough raw materials for only about three months of production. We have moved to secure raw materials on a basis intended to sustain blending through the year. That change is important because it turns installed capacity into actual supply.
The difference is easy to understand. A plant that works for three months produces little and carries high unit costs. A plant supplied through the year can produce more, spread its costs over a larger volume and compete in a market with less scarcity. As availability rises, scarcity pricing becomes harder to sustain. Farmers gain better access to fertiliser when they need it, yields can improve, and the resulting increase in food supply should place downward pressure on prices in 2027.
The effect will not occur by proclamation. Fertiliser must reach farmers, crops must be planted, fields must be secured, harvests must be moved and markets must remain competitive. But this is a visible chain of cause and effect, and it is a stronger basis for expecting lower food prices than administrative price controls.
Rice mills: feed the mills, not the import market
The same supply argument applies to rice. About 300 rice mills are struggling, not because Nigeria lacks milling capacity, but because too many of them cannot obtain enough paddy to run steadily. When a mill operates below capacity, workers lose shifts, fixed costs are spread over fewer tonnes, farmers lose a dependable buyer and the price advantage of domestic processing is weakened. Importing finished parboiled rice may appear to close a supply gap quickly, but it also transfers the milling, transport, handling and much of the value added to producers outside Nigeria.
Our intervention should therefore address the shortage at its source. We need to stimulate local paddy production while permitting the importation of the raw-material shortfall where domestic supply is temporarily inadequate. The purpose of such imports would be to keep Nigerian mills running, not to displace them. As local output rises, the imported component should fall. That approach protects consumers from scarcity while preserving demand for Nigerian paddy and creating a stronger incentive for farmers to expand production.
For rural households, this distinction is consequential. A bag of finished rice imported into Nigeria creates little income for a farmer in Kebbi, Kano, Jigawa, Niger, Taraba or Ebonyi. Paddy supplied to a Nigerian mill does. It supports cultivation, aggregation, haulage, milling, packaging and distribution before the rice reaches the market. Keeping the roughly 300 mills supplied therefore attacks food scarcity and rural poverty at the same time. It raises domestic value added, strengthens the market available to farmers and retains more of every naira spent on rice within the Nigerian economy.
The objective is not permanent dependence on imported paddy. It is to prevent idle domestic capacity while we close the production gap. The durable answer remains higher yields, more irrigated cultivation, improved seed, fertiliser, extension services, secure farming communities and reliable links between growers and mills. But where a temporary shortfall exists, importing the missing raw material is economically preferable to importing the finished product and leaving Nigerian factories underused.
Security is also an economic policy
A farmer who cannot enter his field does not produce. A trader who fears the road moves less produce and charges more for risk. In this sense, the campaign against banditry is also a campaign against food inflation.
Security operations in 2026 restored access to a number of communities and allowed economic activity to resume in areas that had been badly disrupted.[10] It would be inaccurate to claim that banditry has disappeared from every affected area. The economic test is narrower and measurable: are more farmers returning to their land, are more hectares being cultivated, and is more produce reaching markets with fewer losses and delays?
Where the answer is yes, the effect should combine with better fertiliser availability. More cultivated land, higher input use and safer distribution can produce a larger harvest. If those gains hold through the 2026 farming cycle, consumers should begin to see more relief in food markets in 2027.
Why the alternative also has a cost
It is easy to compare the pain of reform with an imagined version of the old system in which prices stayed low and no one paid the difference. That system did not exist. The difference appeared elsewhere: in subsidy bills, foreign-exchange shortages, parallel-market premiums, arrears, inflation and public resources that could not be spent on other needs.
The real choice is not between painful reform and painless continuity. It is between completing a difficult correction and returning to arrangements that had become increasingly expensive to finance and easier to exploit. That does not excuse poor implementation. It means that the answer to hardship is to improve the reform, protect vulnerable households and accelerate the supply response, not to rebuild the distortions that made correction unavoidable.
The test now is whether Nigerians can feel the change
We should not ask Nigerians to celebrate numbers they cannot yet feel. Our better argument is to show where the numbers lead. Stronger public finances must produce roads, power, schools, health care and productive investment. Better reserves and a more orderly foreign-exchange market must support confidence, investment and a more stable supply of essential goods. The reforms will be vindicated in the lives of Nigerians, not in the vocabulary used to describe them.
These are not slogans. They are outcomes that can be checked. If fertiliser remains scarce despite year-round input supply, then our policy has not worked as intended. If rice mills remain idle for lack of paddy while finished parboiled rice is imported, we will have missed an opportunity to reduce scarcity through Nigerian production and rural incomes. If secured communities do not return to cultivation, the economic benefit has not been realised. If new rail and gas infrastructure do not reduce costs or expand productive activity, completion alone will not be enough. We must therefore measure success by what these interventions do to production, prices, jobs and household welfare.
Nigeria’s poverty crisis is older than the present reforms. Our reforms have nevertheless imposed real costs on households that were already under strain. Both facts can be true at the same time. The evidence also shows that real output has grown, external buffers have improved and important constraints on production are being addressed. Our responsibility now is to convert those gains into relief that is visible in markets, incomes and public services.
That is where the debate should end and our work should begin: not with a claim that hardship has disappeared, and not with the claim that reform has failed because hardship persists, but with a clear test. Are we producing more? Are we keeping our fertiliser plants and rice mills working? Are we moving goods more cheaply? Are farmers returning to their fields? Are factories operating for longer? Are families beginning to see prices ease and opportunities expand? Those are the questions by which Nigerians will judge us, and rightly so.
References
- Sami Tunji, “Poverty threatens 79% of Nigerians despite reforms – World Bank,” PUNCH, 16 July 2026.
- World Bank, Nigeria Country Partnership Framework FY2026–FY2032 and accompanying Streamlined Country Diagnostic, 2026.
- World Bank, World Development Indicators, Nigeria country data, including 2025 current-dollar GDP and real GDP growth; accessed August 2026.
- International Monetary Fund, Nigeria: 2026 Article IV Consultation — Press Release; Staff Report; and Statement by the Executive Director for Nigeria, IMF Country Report No. 26/125, June 2026.
- State House, Abuja, “FG: Kano-Jigawa-Katsina to Maradi Railway Project 60 Percent Completed; Set for Delivery End of 2027,” 3 May 2026.
- Lagos State Government, official updates on Lagos Rail Mass Transit Blue and Red Lines, including operational Phase I services; 2024–2025.
- NNPC Limited, Monthly Report Summary, May 2026: AKK mainline construction, installation and pre-commissioning activities, with early gas delivery to Abuja targeted in 2026.
- State House, Abuja, “President Tinubu Hails MOFI, NADF for Strengthening Nigeria’s Fertiliser Value Chain, Supporting Food Security,” 18 June 2026.
- Ministry of Finance Incorporated / PFI-NPK reporting on early 2026 procurement and distribution of fertiliser raw materials to registered blending plants, June 2026.
- Official security reporting on continuing operations against banditry and kidnapping and the restoration of access to affected communities, 2025–2026.
News
EYESAN: THE RETURN OF THE NATIVES
By Charles Abakpa
There are times when the choice of a leader matters as much as the institution itself. This is particularly true in Nigeria’s oil and gas industry, where decisions taken by regulators can affect production, investment, government revenue and the wider economy. Oritsemeyiwa Eyesan’s leadership of the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) is beginning to show what years of experience within the industry can bring to a critical national institution.
Her emergence as the Chief Executive Officer of NUPRC can aptly be described as the return of the natives. This is because Eyesan has spent more than three decades working within Nigeria’s petroleum industry. She understands the system, its history, its challenges and, importantly, the expectations of operators and investors. She is therefore not learning the industry from the outside; she has been part of its growth and transformation for years.
Eyesan studied Economics at the University of Benin and joined the Nigerian National Petroleum Corporation (NNPC) in 1992. From her early days as a material traffic officer, she moved through planning, commercial and executive responsibilities before becoming Executive Vice President, Upstream, at NNPC Limited. Her rise through the system is a reflection of experience gained over many years.
That experience is now being brought to bear at the NUPRC, which has a major responsibility for regulating upstream petroleum operations in Nigeria. The commission oversees licensing, field development, technical compliance and other activities that determine how the country’s oil and gas resources are developed.
One of the clearest indications of her approach is the transparent conduct of the 2025 oil and gas licensing round, where 31 companies have emerged successful for 37 oil and gas blocks, following the submission of 200 bids by 143 companies.
The spread of interest in the blocks was equally significant. Bids were received for assets in established petroleum producing areas as well as frontier basins such as the Benue Trough, Chad Basin, Anambra Basin and Benin Basin. It showed that there is still considerable interest in Nigeria’s petroleum resources when investors have confidence in the rules and the process for allocating assets.
Eyesan’s insistence on financial discipline is another important aspect of the licensing exercise. Winning a block, under the new approach, should not be the end of the process. Successful companies are expected to meet their financial obligations and demonstrate the capacity to develop the assets. The application of the “drill or drop” principle also discourages the practice of sitting on acreage without meaningful activity.
Again, her experience in commercial negotiations has also prepared her for the responsibilities of the NUPRC. Before her present position, Eyesan was involved in major industry transactions, including Nigeria’s first natural gas liquids commercialisation and the renewal of deepwater production-sharing contracts. These were complex arrangements with significant implications for investment and production in the country.
What appears to be driving her current agenda is straightforward: increase production, reduce losses and make the regulatory process work faster. Eyesan has identified shut-in production, declining output and delays in bringing projects on stream as areas that require urgent attention. Rather than waiting only for new discoveries, her strategy includes bringing economically viable existing assets back into production.
She is also placing considerable emphasis on making regulation more predictable. The planned publication of service level agreements for major approvals, digital workflows for permits and reporting, and clearer timelines for regulatory decisions are aimed at reducing unnecessary delays. In an industry where delays can cost companies millions of dollars, faster and more predictable regulation can make a significant difference.
Her engagement with industry operators is another part of the strategy. Through the CCE–Operators Leadership Forum, the commission is creating a regular channel for discussing production restoration, approval timelines, infrastructure integrity, gas development and other pressing issues. Eyesan has also stressed the importance of proper hydrocarbon accounting, with a clear message that every barrel produced should be properly accounted for.
The 90-day programme introduced by the NUPRC under her watch is particularly important because it focuses on opportunities that can deliver results without unnecessary delay. Under the program, Field development plans that are near completion, well interventions, rig mobilisation and other quick win projects are being given attention. For a country working towards higher production levels, getting such projects moving can provide immediate gains.
Most importantly, Eyesan’s agenda is not limited to crude oil. She has always spoken about safety, host community benefits, governance, data integrity and responsible operations. Her approach suggests that increasing production must go hand in hand with improving the systems through which the industry operates.
There is also something significant about the emergence of Eyesan, another Nigerian woman at the centre of such an important national assignment. For decades, Nigerian women have shown that they can lead complex institutions and deliver results at home and internationally. Eyesan belongs to that tradition. Her performance inevitably brings to mind women such as Ngozi Okonjo-Iweala, whose career has demonstrated the capacity of Nigerian women to compete and excel at the highest levels.
Of course, Eyesan has inherited an industry facing serious problems. Production has been constrained by insecurity, pipeline vandalism, ageing infrastructure, underinvestment and other longstanding challenges. But having someone with extensive institutional knowledge, commercial experience and a clear understanding of the upstream business gives the NUPRC a stronger hand in tackling these problems. Her presence has already been felt.
Her performance so far suggests that the return of the natives may indeed be good news for Nigeria’s oil and gas industry.
Abakpa wrote this piece from Owukpa, Benue State.
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