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The Right To Know

Should Nigerians be kept in the dark about President Umar Yar’Adua’s state of health?

By Ademola Adegbamigbe

President George W. Bush of the United States showed in 2002 that there was no big deal about a country’s leader falling ill. This, in the view of analysts, ought to apply to Nigeria where the Federal Government is mystifying President Umar Yar’Adua’s state of health, leaving room for speculations, some charitable, some alarmist.

In January 2002, Bush choked on a pretzel–a twisted shaped, salt encrusted snack–fell from a couch and fainted. He, thereafter fell ill. Instead of considering it a sacrilege for journalists to report his ill-health, he joked with them, making light of the incident. “My mother always said when you are eating pretzels, chew before you swallow,” he said as he was about to board a helicopter.

His doctor, Dr. Richard Tub did not hide the matter either. He revealed to the public that Bush was ill and lost consciousness “for a short time when his heart rate slowed after he choked with the salty snack”.

Bush explained further that when he hit the deck and woke up, “there were Barney and Spot (his dogs) showing a lot of concern.” The American President, during a bike ride on the grounds of the Scottish hotel hosting the G-8 summit in 2005 collided with a police officer. Bush suffered scrapes on his limbs and was treated by a White House doctor.
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April 29, 2008 | 4:04 AM Comments  0 comments



EFCC Raids Bauchi

Arrests by the Economic and Financial Crimes Commission, EFCC, prompted by a flurry of petitions and revelations of corruption and abuse of office against Adamu Mua’zu at the Judicial Commission of Inquiry set up by the state government threaten to rubbish the  image of the former Bauchi governor

By Desmond Utomwen/Bauchi

For the eight years he dominated the political landscape of Bauchi State as governor,  Adamu Mua’zu cut the image of an incorruptible public officer whose personal interest was wholly subsumed in the overriding interest of the state. His image loomed so large that as the build-up to the transition in 2007 became fiercer, his anointed successor, Muhammed Nadada Umar, believed he only had to cite the “achievements of Mua’zu” to win the votes of the electorate. Nadada had served in Mu’azu’s administration as Secretary to the State Government, SSG. His ambition, however, crashed.

• Ex-Gov. Mua’zu

The first sign that all may not have been as rosy as the former governor had projected came on 28 March, when operatives of the Economic and Financial Crimes Commission, EFCC, clamped down on some key figures in his government. TheNEWS learnt that 29 officials, including Nadada Usman and Senator Bala Adamu Kariya, the former Special Adviser on Local Governments, were arrested over the alleged misappropriation of N8 billion belonging to the Department of Local Government, DLG, between 1999 and 2002. Others arrested were Alhaji Lawal Baraza, Umar Barau Ningi, Auwal Shehu Ilelah, Haruna Alfa Ahmed, Baba Akuyam, Sule Abdulkadir Doguwa, Muhammed Nadada Umar, Bappah Tilde and Malam Jolly from Zaki Local Government. Twenty former council chairmen are also currently being questioned in connection with the N8 billion missing from the department.

This magazine learnt that the arrest on the aides of the former governor was prompted by revelations from the ongoing Judicial Commission of Inquiry sitting in Bauchi, instituted by the administration of  Governor Isa Yuguda. This magazine learnt that Yuguda had discovered “an era of decay” under Mu’azu and constituted a committee to look into how affairs of the state were handled under the previous regime, with particular reference to its assets and liabilities.

Inaugurating the commission, Yuguda noted that apart from the financial improprieties and irregularities uncovered by the committee, the audit report of the DLG revealed misappropriation of over N8.8 billion over a period of seven years, while the Contract Review Committee also came up with allegations of misappropriation of public funds. The decision to constitute the Commission, according to Yuguda, was to ensure that the government acted in fairness and in accordance with the rule of law.
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April 29, 2008 | 4:04 AM Comments  0 comments



House Row Over Budget

The Anambra State House of Assembly polarises on two lines over the 2008 Appropriation Bill. But there appears to be more than meets the eye

By Jude Orji/ Awka

Another drama is unfolding in Anambra State. Since 2003, the state has become a theatre of the absurd in the country’s political arena. If it is not the abduction of the governor by a political godfather, it will be the destruction of government property by political thugs.

The current non-passage of the N84 billion 2008 Appropriation Bill presented to the House by Governor Peter Obi on 21 December 2007 is further creating tension in the state. The document has torn the state’s House of Assembly into two factions, with the Speaker, Anayo Nnebe, pitted against Afam Obi, his deputy. Nnebe leads the G-19 while Obi heads the G-11 group. Also in the latter group are Paulinus Obichukwu and Ozo Ughamadu.

Obi and his supporters are alleging a plan by the Nnebe group to “secretly pass the budget” after reducing it from N84 billion to N57 billion “without the full knowledge of all the lawmakers.” The Finance/Appropriation committee, chaired by Ikenna Mbazuluike Amechi, reduced Government House budget estimate from N4.3 billion to N750 million while increasing that of the House from N284 million to N1.235 billion. It also removed money earmarked for strategic investments for the state.

Legislators symphatetic to Governor Obi are accusing the Speaker and the Finance committee of a deliberate attempt to castrate effective administration of the state by starving the governor of funds. The drastic reduction of the budget estimate to N750 million is being questioned, as is the increase of the House vote from N284 million to N1.235 billion.
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April 29, 2008 | 4:04 AM Comments  0 comments



What Afflicts Mr. President?

Aso Rock’s refusal to disclose the nature of President Umar Yar’Adua’s ailment and his frequent medical trips to Germany spark huge public anxiety

By Francis Ottah Agbo

For over five months, the Nigerian public watched in anxiety, as President Umar Yar’Adua and the National Assembly flexed muscles over the 2008 Appropriation Bill. The anxiety ended on 14 April, when the President signed the Bill into law to a backdrop of self-congratulatory messages from the Presidency and the National Assembly.

tn-cover-page.jpg

But no sooner had the apprehension ended than Nigerians were back in the same mode. Just after the unusually low-key budget signing ceremony, Yar’Adua travelled to Wiesbaden, Germany, to get treatment for an undisclosed ailment.

The official spiel was that the President was suffering from allergic reactions to undisclosed malaria drugs, cold and exhaustion. Segun Adeniyi, Yar’Adua’s spokesman, assured the country that the President would return to his seat in a few days time.

Seven days after, Yar’ Adua did not come. Adeniyi then announced a shift in the date of the President’s return to 22 April. The day also passed, with Yar’Adua still in Germany. Curiously too, the name of the hospital where he is receiving medical attention has been kept top secret. The foggy situation has spawned a wide range of speculations and palpable public apprehension about the President’s state of health. While giving reasons for the postponement of the return of the President to the country last Wednesday, Adeniyi who had all along been with his boss in Germany, insisted that Yar’Adua was fine. The presidential spokesman told an Abuja-based newspaper that though Yar’Adua had concluded all the necessary arrangements to return home, his doctor advised him to have some more rest. “Mr. President is fine,” Adeniyi said.

But not many Nigerians are reassured. Last week, a newspaper article by Joel Nwokeoma, a public affairs commentator, asked: “One, what is not okay with the President’s health, which the nation he leads does still not know, but really deserves to, which took him, and takes, him to Germany,” to be keeping his appointment at the hospital? Two, if the President “will be keeping his appointment”, as declared by Adeniyi, who then certified him “okay”? And, okay on what? Three, what is this “indisposition” and “allergic reaction” of Mr. President that cannot be treated in all the specialist and teaching hospitals in the country he happily presides over, except in Germany? Four, “does the nation deserve to know the mental, emotional, psychic and physical state of health of its leaders?”

In a similar vein, Olatunji Dare, a columnist with The Nation, wondered why the President has refused to tell Nigerians the ailments he is suffering from. Dare added that if it is true that Yar’Adua was flown abroad for allergic reactions, as claimed by his spokesperson, the nation’s “health care delivery system, even at its most sophisticated state, is in far greater distress than it is generally supposed”.
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April 29, 2008 | 4:04 AM Comments  0 comments



Celebrating The Fighter @ 70

Though hospitalised, a shower of tributes greets Chief Gani Fawehinmi, SAN, as he marks his 70th birthday

By Sylvester Asoya

Like a true hero, Chief Gani Fawehinmi, Senior Advocate of Nigeria, SAN, took centre stage last week, as family and friends came together to celebrate the 70th birthday of the indefatigable fighter. But Gani, as he is fondly called, is an unusual hero. Unlike most patriots, Gani is lucky to be experiencing an intense show of love and appreciation in his lifetime. The activist, who is currently recuperating from lung cancer in his London home dominated public discourse for nearly two weeks.

The

• Chief Gani Fawehinmi: Outpouring of love at 70.
celebration which came to a climax on Tuesday 22 April attracted all manner of people, particularly his usual guests of beggars and the physically challenged. And in keeping to tradition, even in his absence, his household ensured that the birthday cake was cut by the destitute and less privileged whose cause the radical lawyer has dedicated his entire life.

But Gani is not just a lawyer for only the masses. For him, justice must be delivered at the doorstep of everybody, irrespective of class and status. And this was reflected in the calibre of people who thronged his GRA, Ikeja, Lagos home. They included the rich and the poor, the high and low, professional bodies, civil society groups, socio-cultural and pressure groups. The celebration which continues even into this week promises to host public lectures and discussions like the one being organised by Campaign for Democracy, CD, entitled Gani: Bridging The Generation Gap.

Fawehinmi’s earliest and most celebrated legal battle came in 1969 when he took Andrew Obeya, the then secretary to old Benue-Plateau State government to court for snatching the wife of a certain Bala Abashe, a factory worker. This turned out to be a defining moment for the radical lawyer, as he went on in later years to tackle other controversial cases.

Gani is also remembered for his courage in the case involving Minere Amakiri, a correspondent with the Nigerian Observer. Amakiri who was based in Port Harcourt was detained for reporting the Rivers State Teachers’ strike on the birthday of Alfred Diette-Spiff who was then military governor of the state. Aside his detention, Amakiri was also thoroughly beaten and given a haircut with broken bottles by security operatives who manhandled him on the order of Diette-Spiff.

The following years, particularly under the regime of General Olusegun Obasanjo, proved quite difficult for the fiery lawyer, as he became the official advocate of students’ union leaders across the length and breadth of the nation. The most prominent of these cases then was the infamous Ali-Must-Go crisis of 1978 which was triggered off by the regime’s imposition of obnoxious fees on students. This led to loss of precious lives and disruption in the academic calendar.

By far the most harrowing period for Gani came under the military regimes presided over by Ibrahim Babangida and Sani Abacha. During that period when he regularly stood up in defence of journalists and civil society groups, he was not only harassed and humiliated, he was also detained under the worst of conditions. As it turned out, the lawyer became a regular guest in Nigerian prisons, particularly in the Northern part of the country.

When in 1986, foremost investigative journalist, Dele Giwa died under very baffling circumstance via a letter bomb, he was the first to accuse the government of the day, led by Babangida, of complicity. Gani followed the case so religiously that he demanded explanation from Babangida’s security chiefs who were believed to have been the masterminds of the assassination.

Later, he took on Babangida, first for his voodoo economic policies which further impoverished Nigerians, and his endless transition programme that ended in a fiasco. In the wake of the criminal annulment of June 12 1993 presidential election, Fawehinmi joined other well meaning Nigerians to press for the revalidation of the election believed to have been won by Chief M.K.O Abiola. The battle continued through the interim government to General Abdulsalami Abubakar, until the dawn of democracy in 1999.

Outside the battle field, the lawyer has contributed immensely to the growth and advancement of the legal profession. Aside owning the best equipped law library in Nigeria, Fawehinmi’s law chamber is generally believed to be a veritable training ground for young and radical lawyers.

He is the first lawyer to publish a weekly law report that contains judicial precedents (decided cases) in courts.

Gani is also regarded as a man who liberalised the formation of political parties in Nigeria. Sequel to the Supreme Court judgment ordering the Independent National Electoral Commission, INEC, to register more political parties, Fawehinmi had dragged INEC, former president, Olusegun Obasanjo and the National Assembly to court over the inconsistencies in the Electoral Act of 2001. He asked the court to expunge section 74(2) from the Act. The section provides that an association will not be registered as a political party unless “it produces evidence of payment of registration fee of N100,000; and must provide addresses of the offices of the political

•Mrs. Abike Fawehinmi, Miss Rabiat Fawehinmi, Mrs. Basirat Fawehinmi-Biobaku, join the destitute to cut the 70th birthday cake of Chief Gani Fawehinmi at his residence. Photo: Akin Farinto.
association in at least two-thirds of the total number of the states of the Federation spread among the six geo-political zones.”

To the fiery lawyer, this provision constituted an impediment to the opening of the democratic space. He pursued the matter up to the Supreme Court where the justices upheld his prayers. His victory at the apex court opened the door for the formation of more political parties. Some of the parties that were formed after Fawehinmi’s victory are the National Conscience Party, NCP, led by Fawehinmi himself; Fresh Democratic Party founded by Reverend Chris Okotie, and Peoples Redemption Party, PRP, floated by Alhaji Balarabe Musa.

These are some of the achievements of this great Nigerian activist who has influenced a generation of Nigerians. His popularity was also evident during last week’s celebration of his birthday which attracted a lot of people. Those in attendance included the leader of the Movement for the Survival of Ogoni people, Dr. Ledum Mitee; Dr. Joe Okei-Odumakin of the Campaign for Democracy, CD; Osita Nwajah of the Economic and Financial Crimes Commission, EFCC, and others.

Speaking at the occasion, Mitee commended Gani whom he described as a consistent and dogged fighter who believed in the unity of the country. The MOSOP leader called on Nigerians to pray for the ailing activist. “I think that the best that we can hope is that he stays alive and God should grant him more years on earth so that he continues to be that beacon of hope,” he said.

Other Nigerians have also been speaking on Gani at 70. Femi Falana, lawyer and human rights activist praised the legal icon for not only influencing the legal profession with his law reporting and advocacy but also for providing leadership during those turbulent military days. According to him: “Chief Fawehinmi has earned his solid place in history. But for the huge sacrifice of Gani and his comrades, Nigeria would have gone completely under in the soiled hands of a visionless and directionless ruling class. Even though heros are hardly celebrated in their lifetime in Nigeria, Gani has been honoured at home and abroad.”

Falana added that it was only natural to honour Gani for all his efforts. “The students of Obafemi Awolowo University made him a Senior Advocate of the Masses, SAM, in 1988. Years later, authorities of the prestigious university conferred him with the LL.D degree. The legal profession has conferred him with the rank of SAN even though belatedly. Outside Nigeria, Amnesty International; the American Bar Association; the International Bar Association and other reputable organisations have honoured him for his immense contributions to the promotion of human rights,” he remarked.

In the same vein, Dr. Sylvester Odion-Akhaine of the Centre for Constitutionalism and Demilitarisation spoke glowingly of the activist. “At 70, Gani remains a giant in the struggle for the emancipation of the downtrodden in our country. While wishing him long life, our young ones should emulate this dogged fighter,” he stated.

Born on 22 April 1938, Gani attended Ansar-Ud-Deen School, Ondo between 1946 and 1953; Victory College, Ikare, 1954-58; University of London 1961-64 and Nigerian Law School, Lagos in 1964. Fawehinmi is married to Ganiat and Sadiat and has many children.


April 29, 2008 | 2:04 AM Comments  0 comments

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Honouring Gani At 70

By Bamidele Atutu

Chief Ganiyu Oyesola Fawehinmi, friend of the toiling masses, fearless advocate and humanist par excellence, irrepressible enemy of oppressors, human rights crusader of inimitable courage, unassuming philanthropist, and an indefatigable patriot of unparalleled commitment is 70.

This is really something to cheer about. To begin with, given the harassment, physical and psychological torture inflicted on him and his family by the Nigerian state, not many people thought that he would live to mark his 60th birthday not to talk of being with us at 70. Whatever the state of his health may be, this is an occasion that the masses and their friends must celebrate to high heavens.

• Chief Ganiyu Oyesola Fawehinmi

Gani, as he is fondly called by his admirers and foes alike, is a unique Nigerian in a number of respects. Here is one Nigerian who lives his life for the good of the country only in every way. At great personal risks to himself he dared the military adventurers who usurped political power and imposed the authoritarian ethos of the garrison on our people. A consummate social critic that he is, he has never been caught pushing positions for selfish reasons or for the mere purpose of attracting attention to himself as many gallingly do these days.

I have told several people before and I believe it is appropriate to repeat it during this festive occasion that Gani is the only lawyer that I know, living or dead, who does not take a position on national issues simply because he is protecting the interest of a present or prospective client. These days one frequently reads opinions that amount to hankering for briefs among lawyers or that is nothing but indecent defence of the interest of an existing client. I have had cause to disagree with this great African on some national issues, but as I told him on some of those occasions, I knew that he was merely expressing his deep and genuine convictions. Happily, those occasions were very few. I challenge anyone with a contrary opinion to express it now; I wish I could take the liberty of a priest to add the phase, ‘or never’.

He is not one to refrain from expressing unpopular positions. In recent times he has been challenged and even excoriated by many for some of his positions that go against the general tide of public opinion. One thing that is clear is that one cannot miss his nationalistic fervour and passion in any of his interventions and commentaries.

Beyond that, a nation without an avant-garde like Gani who sets agenda and thinks ahead will soon atrophy. As a human being he does not claim to be without his own flaws. The truth, however, is that compared with many people in his generation and generations behind him, Gani is closer to a saint.

Gani is a very solicitous and caring person. Several thousands of indigent people, and I am not exaggerating, have benefited from his large heart. Personally, it was Gani that paid my Law School fees, an act of benevolence for which I shall remain eternally grateful. As a law student at Ife, when the powers that be had made it clear that I could not get regular employment by seizing my NYSC Discharge Certificate after my first degree, Gani placed me on a monthly stipend that did not fail once. Even while still on his sick bed in far away London, Gani still looked after the welfare of several people.

For example, I know that he ensures that the medical bills of his sister who had taken ill before him are settled promptly.

It is not an exaggeration to state that all Nigerians, without any exception whatsoever, have benefited from his legal activism. This is so because he is the doyen of public impact litigation in this country. Regardless of the narrow conception of the doctrine of locus standi by the superior courts, Gani has used the instrumentality of the law and the court to challenge every form of misbehaviour in government.

Thanks to his persistence, it would appear that the doctrine has been relaxed in the case of the dollar Ministers filed by him. There is no Nigerian, again living or dead, that has challenged governments and their policies in court on matters that are not personal than Chief Gani Fawehinmi. He has expanded our legal frontiers in such a way that every branch of the law bears his imprint.

This is not the appropriate forum to discuss his forensic skills. I have already accepted the challenge thrown at me by no less a person than Odia Ofeimun, the well-known poet, to do his biography. It suffices, however, to recall how he used his skills in court to get us back to school after the authorities at Ife dismissed us apparently for not learning what our parents asked us to go there to learn. In the midst of his arguments, he suddenly pointed to the ceilings and told the court that ‘what these boys dismissed by the University are saying is that this roof should not collapse on your Lordship.’

The ceiling, unknown to any of us and perhaps the judge too at the time, was caving in. Everybody laughed, but he had made his point. We won our case and that is one of the reasons why I am today a lawyer. That was vintage Gani. He would use any lawful means to secure justice for the downtrodden.

His courage is scary. One incident that will forever remain etched in our collective memory was the scene at Yaba, under the military, where he lay down on the ground and dared the security personnel drafted to quell a public protest to run over him with their armoured tank. Thank God, they did not.

But that underlines his willingness to pay the supreme sacrifice in the defence of the oppressed. He has been jailed more than any Nigerian, living or dead, not for stealing public funds or for any crime but for challenging infamy in government; he has been tear-gassed several times; humiliated on countless occasions and brutalised times without number. Yet he remains undaunted, unshaken and unwavering in his single-minded pursuit of the common good. I wish him more years of fruitful contributions to the progress of this country. Gani, may God multiply your kind in our midst.

• Text of the paper presented by Bamidele Aturu, a legal practitioner, during the 70th birthday celebration of Chief Gani Fawehinmi in Lagos penultimate Sunday.


April 29, 2008 | 2:04 AM Comments  1 comments

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ASABA/A Shameless House

Shame seems to be a fast disappearing commodity in Nigeria. If not, the entire members of Delta State House of Assembly would have resigned the minute they saw the playback of their actions in the House on 22 April.

Their conduct in the House on that day which saw the impeachment of Hon Olise Imegwu, the Speaker, portrayed the members as veritable rascals.

The proceedings of the day shown on African Independent Television, AIT, were as rancorous as any that could be witnessed in a ghetto gin shack. Indeed, the members threw their claim to the title ‘Honourable’ to the dogs in the build-up to impeaching Imegwu.

Trouble started when Samuel Obi, representing Ika North-East constituency and Majority Whip of the House, rudely interrupted Imegwu who was trying to make a point. Raising a point of order, Obi drew the attention of members to a purported committee set up to investigate the crisis in the House.

Asserting his authority, Imegwu told Obi to keep quiet since he had been overruled. But Obi persisted, waving a national daily which he said carried a report on the committee, which he kept screaming had not been deliberated on by the members. “Enough of this embarrassment. Look at this newspaper, we are being portrayed as lawless and unorganised lawmakers,” he said.

Obi then moved a motion for the impeachment of the Speaker. The motion was seconded by Benjamin Efekodo representing Isoko South constituency.

At this juncture, Daniel Mayuku representing Warri South-West constituency, charged at the Speaker and pulled the seat from under him, leaving the dazed Imegwu sprawling on the floor.

Not done yet, Mayuku, with many other members egging him on, pulled the terrified Speaker from the floor, shoved him around and began pushing him towards the door. Attempts by Abel Oshevire representing Ughelli North constituency to save the embattled Speaker earned him some punches.

With the Imegwu out of the way, the members immediately conducted fresh elections that saw Martin Okonta representing Ika South constituency as the new Speaker, while Hon Basil Ganagana representing Patani constituency was picked as his deputy.

The moral question begging for answer: Why would those aggrieved with the  Speaker resort to assaulting him despite having gathered 20 signatures of members who wanted Imegwu impeached?

– Reported by Blessing Ogunli.


April 29, 2008 | 2:04 AM Comments  0 comments



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