Yahaya Bello, Jungle Justice and Other Matters 

I want to discuss three important issues which caught my attention last week – National Honours; Governor Yahaya Bello of Kogi State’s unlawful attack on Dangote Cement, Obajana, Kogi State – possibly one of the largest cement factories in the world, which must be roundly condemned;  the health of candidates running for political office and issues arising therefrom.

Dr Ameyo Adadevoh OON

I cannot but register my displeasure, after asking for several years for Dr Ameyo Adadevoh to be honoured posthumously, that all that Government thought someone who paid the ultimate price, sacrificing her own life in order to save the lives of Nigerians during the deadly Ebola virus, is Officer of the Order of the Niger (OON)! Dr Adadevoh definitely deserves much more than that. President Jonathan’s administration should have immediately recognised her selfless service to Nigeria in 2014, by preventing Sawyer from leaving First Consultants Medical Centre to go for a conference in Calabar, which would have meant Sawyer spreading the deadly virus to everyone who crossed his path (and a terrible multiplier effect), despite the pressure from the then Liberian Ambassador to Nigeria on Dr Adadevoh to discharge him from the hospital. President Jonathan preferred to honour his Cook and household staff, instead of Dr Adadevoh. All the same, we thank President Buhari, since half loaf is better than none! 

We congratulate our Columnist, Chief Mike Ozekhome OFR, SAN (Talking Constitutional Democracy) on the conferment of the national honour of Commander of the Order of the Niger (CON) on him, as well as his 65th birthday.

Jungle Justice & A Show of Shame: Yahaya Bello’s Unlawful Attack on Dangote Cement, Obajana

I read in This Day newspaper at the weekend that the Governor of Kogi State, Yahaya Bello, launched an attack on the Dangote Facility in Obajana, Kogi State. He even went to the extent of using hunters/his private vigilante militia to break into the factory; they allegedly shot and injured some Dangote staff in the process. This invasion was based on some bizarre allegations about the ownership of Factory, and a demand for equity therein by the Kogi State Government. A week or so before this incident, with the help of the Kogi House of Assembly (KHA), Yahaya Bello had sought to shut down the Dangote Coal Mines, without a valid order from a court of competent jurisdiction. See Sections 4, 5 & 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution) on separation of powers – KHA is empowered to make laws, not interpret and execute them. 

The Speaker of KHA claims that the transfer of Obajana Cement to Dangote Cement, is null and void. Is it not the same KHA that unlawfully impeached the former Deputy Governor, Simon Achuba, without following the process provided for in Section 188 of the Constitution, removing him from office when he was not found guilty of any gross misconduct by the Committee set up to investigate him? It is obvious that no one can place any value on KHA’s decisions, as they have no regard for the rule of law and seem to exist simply to do Governor Bello’s bidding. The Kogi State High Court declared Achuba’s removal as unconstitutional, and described KHA’s impeachment of Achuba as “legislative rascality devoid of reasoning”; the trial Judge referred to the lawmakers as lawbreakers! One can therefore, not lend to much credence to them or their statements.

Yahaya Bello’s actions are unlawful, unintelligent and unseemly, worse still coming from a Governor. Or is this just a ruse to distract us from the fact that he is alleged to be one of the non-performing Governors? The last time I checked, breaking and entering, forcible entry, burglary, assault (causing grievous bodily harm), assault with a deadly weapon, armed robbery etc, are all criminal offences. So what, if presently, Yahaya Bello enjoys immunity from prosecution by virtue of Section 308 of the Constitution? It doesn’t change the fact that he is equally as liable as those whom he sent to physically attack Dangote Cement, not just for the criminal offences emanating therefrom, but in general and special damages, occasioned not just by the losses incurred by the Dangote Factory while it has been forcibly shut, but for the artificial scarcity of cement created by the shutdown; the machines in the factory that must never be switched, if they are damaged; and the existing contracts for the delivery of cement, which may have been breached due to the coercive shutdown, amongst other things.

Do we not have a legal system, or a proper way to ventilate grievances in Nigeria anymore? Litigation, Arbitration, Mediation, Negotiation, Discussion? Must Yahaya Bello abuse his office as a Governor, by using unlawful force? This kind of behaviour must be discouraged; the optics are unpleasant for our country. 

Yahaya Bello, by this singular action, has done a great disservice to Nigeria, as his behaviour, will do nothing but discourage those who are interested in investing in this country, whether local or foreign investors. President Muhammadu Buhari recently returned from UNGA in New York, where he declared  Nigeria open for investments during the various side sessions hosted by Nigeria to attract FDI. How will any foreigner be encouraged to come and sink new investments into Nigeria, if Yahaya Bello is able to mete out this kind of jungle justice on one of the largest investors in Nigeria? He should be called to order, and made to explore lawful means to ventilate his grievances, which we do not know if they are more imagined than real.

Yahaya Bello’s unfortunate action creates the impression that private investments in Nigeria are unsafe, and that Government can do whatever it likes with them, including harassing owners or trying to take over their businesses. It is a warning to other major investors, that anyone who has governmental powers can seek to strangulate their businesses anytime, even on a baseless whim!

Dangote Group is possibly the highest employer of labour in Nigeria outside Government, and millions of people, directly and indirectly, depend on  Dangote Group for their source of livelihood. If there are issues, Yahaya Bello should have approached the management of the company as is done in civilised countries, for discussions or headed to court or arbitration. 

Jungle justice, especially from the Governor of a State, is absolutely unbecoming, reflects badly on the country, and gives the impression that Nigeria is an autocratic, Banana Republic, where the rule of law is non-existent. Undoubtedly, Yahaya Bello’s actions are condemnable, and certainly, anti-FDI. 

Health of Presidential Candidates 

An important factor that must be taken into consideration, is whether candidates for elective offices have regard for the rule of law, or are generally violent and lawless. If the latter is the case, they are not fit for office. 

Recently, a video of the APC Presidential candidate, Senator Bola Tinubu riding an exercise bicycle made the rounds on social media. As usual, many comments about his health, for and against, accompanied the video. To be clear, Section 131 of the Constitution which sets out the qualifications for Presidency makes no mention of the physical health of a Presidential candidate, while Section 137 which provides for disqualifications thereto only refers to the mental health of a Presidential candidate – Section 137 (1)(c) provides: “under the law in any part in Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind;”. Even if an individual is mentally unstable and clearly appears to be so, like President Donald Trump who showed obvious signs of being serially untruthful, unreliable, narcissistic, unstable and irrational, unless he is adjudged (obviously by an accredited mental health institution, I would imagine) to be of unsound mind, he/she will still be eligible to vie for the office of Nigerian President (or other elective positions). The Constitution additionally, does not make any provision about the physical wellness of candidates as a pre-condition to run for office. Therefore, candidates are not under any obligation or compulsion, legal or otherwise, to prove their physical fitness. If the public is concerned about the physical health of candidates vis-à-vis their capacity to fulfil their roles, then they must lobby through their representatives for a constitutional amendment in this regard. 

We have a saying in Yoruba – “a le sò pe o ma ya, ko lò pè, a dè lo sò pe o ma pè, ko lò ya” which can be translated to mean “we can say it will be quick and it will take a long time, or we can say it will take a long time and it will be quick”. To buttress this point, I will use President Umaru Yar’Adua (of blessed memory) as an example. He was fairly young – at least compared to President Obasanjo and President Buhari (second time around), Alhaji Atiku Abubakar and Senator Bola Tinubu; he assumed office when he was 55 years old; but, unfortunately he died at the age of 58, without even completing his first term. My point? The essence of the Yoruba saying is that, those who we may think will live long, even because of the natural order of things like a young age, may not; while those who we may think are old or sick and may not have long to live, may outlive the younger ones, with all their mental faculties intact. 

Luckily, there is a clear succession process set out in the Constitution, so that in the case of the untimely death or incapacity of a sitting President, there will be no vacuum. See Section 146(1) & (2) of the Constitution which provides for the Vice President’s take over in the case of the office of the President becoming vacant, and if there’s no Vice President, the Senate President assuming office for a period not exceeding three months during which there shall be an election for office of the President, to complete the unexpired term of the last holder of the office. Also see Section 191 of the Constitution for Governors. 

I therefore, do not see too much reason for us to bother ourselves about this issue of the health of the candidates, since if they die or are incapacitated while in office, there is a seamless way for them to be replaced. President Jonathan assumed office, when President Yar’Adua unfortunately passed on. Between November 2006 and February 2007, Deputy Governor of Anambra State, Dame Virgy Etiaba became the first female Governor in Nigerian history when her principal, Peter Obi, was impeached.

Matters Arising 

What we have never really paid attention to and should be concerned about with regard to candidates however, is the Vice Presidential and Deputy Gubernatorial candidates, because of the likelihood of them assuming office, whether temporarily, in the case of their principal going on vacation, or permanently to finish the tenure of their principals, in the case of death, permanent incapacity, or removal. 

Section 146(1) of the Constitution provides for the removal of the President or Vice President inter alia, in the event of either of them being permanently unable to discharge the functions of their office. It can be argued that though good physical health was not recognised as an issue for candidature by the drafters of the Constitution, let alone made a precondition for running for elective office; it is however, contemplated when a candidate assumes office as President (or Governor and Deputies), if we agree that the words “permanent incapacity” used in Section 146(1) & 191(1) of the Constitution covers the field to include physical infirmities. See also Sections 144 & 189 of the Constitution. 

As a result of these provisions, we must thoroughly examine those who are selected as Vice Presidential candidates (and Deputy Gubernatorial candidates too), not just because both candidates are on a joint single ticket, with the non-qualification of a deputy being able to truncate the whole ticket – see the case of PDP & Ors v Devi-Eremienyo, Lyon, INEC & Ors SC.1/2020 judgement delivered on 13/2/2020; but also because of the likelihood that a Deputy may be called upon to step in. In fact, by virtue of Section 145 of the Constitution, if the President is going on vacation for up to 21 days, he is mandated (‘shall’), to transmit a written declaration to the Heads of the two Houses of the Legislature for the Vice President to perform his functions as Acting President (Section 190 of the Constitution, in the case of Governors). See Ugwu v Ararume 2007 12 N.W.L.R. Part 1048 Page 367 at 441-442 per Niki Tobi JSC on the word ‘shall’ being a command. 

It is therefore bizarre, that the searchlight is never shone on any of Vice Presidential or Deputy Gubernatorial candidates. In the case of the States, most people do not even know the names of  the Deputy Governors, aside from that of Lagos State and maybe their home States, let alone their antecedents or achievements, if any. In so many of the television interview shows that I have watched lately, the Deputies tend to be ignored. This is wrong, since there is always a fair chance that they could occupy the substantive position. If the Deputies have held elective office before, how well did they perform? If they have not, what were they doing previously, and how well did they fare therein? Presently, the Vice Presidential candidates of the ruling and main opposition party, APC and PDP for the 2023 election, are two term Governors. How did they perform in their States? Are there any troubling allegations against them, like corruption, propensity for violence or highhandedness? For example, what is the response of Senator Shettima to the allegation that an escaped suspected felon and terrorist, one Kabiru Sokoto, was said to have been found taking refuge in his abode? Nigerians deserve to hear his explanation, so that the matter can be put to rest once and for all. While we must give Senator Shettima and indeed, any other candidate who may have one cloud or the other hanging over his/her head the benefit of the doubt, unless there’s solid proof to the contrary, some of the concerns that I have heard raised about several candidates are difficult to dismiss as nonsense or irrelevant. 

Conclusion 

We have more or less been told by campaign spokespersons of some of the candidates, that we should not ask questions about their personalities or any allegations which have been levelled against them, since they say they are unproven – that some of the questions have even become stale and tiresome (though they have largely remained unanswered), but rather focus on their plans to turn Nigeria around (capacity). It could be that, any concerns about the Deputies also fall into the same category – a ‘No Go’ Area! My dear readers, what do you think?