Sam Nda-Isaiah

Last Wednesday in Abuja, governors of the 36 states agreed to pay more attention to the collection of taxes. That is a good move, but I only hope the governors know exactly what they are going into. Collection of taxes is a very serious business in virtually every other country of the world except Nigeria. Until recently, when easy revenues from crude oil started to dry up due principally to falling international prices and the criminal activities in the Niger Delta, governors had paid scant attention to the collection of taxes and other alternative sources of revenue. All they have been doing is wait for the month end for the allocation from the central government.

Governments at all levels in Nigeria probably haven’t placed a premium on taxes because they know they would be compelled to become more accountable if taxes become the main source of revenue. But if there is any lesson to be learnt from the crisis in the Niger Delta, it is that reliance on a mono-product revenue stream is the most harebrained, if not irresponsible, way of running a government.

Before now, the only public servant that took the issue of taxes very seriously is Mrs Ifueko Omoigui-Okauru, the chairman of the Federal Inland Revenue Service (FIRS), who has taken her interest beyond the call of duty and has had to fight battles on several fronts, especially against dubious tax consultants who act as fronts for some governors. It appears that things are about to change – and it’s about time, too.The good thing about relying on taxes is that the governors would become more creative in getting more people into jobs so that more taxes would be paid. A state that would rely on taxes must necessarily create more jobs. And, as we know, the creation of jobs is the single most important job of any government, even though it does not appear in any way as if those who rule Nigeria today know this.

Today, the president and the governors, not to talk of the local government chairmen, do not appear to appreciate this fact. In Nigeria, the president and the governors are so complacent that they do not even know the employment figures in their domains. When taxes start becoming their main source of revenue, as it should, they will be forced to start paying attention to employment rates. And when people really start paying taxes, they also become more attentive and sensitive to how the money is deployed. If the people start paying taxes, they will start asking, more angrily, why there is no electric power supply, or why the taps in their homes do not run with clean water. The people will also start asking why there are no medicines in public hospitals and why all public schools are dead. The governors’ new agenda on taxes is right on point but they must also consider that people will start asking very rude questions about how their money is used.

No one loves paying taxes even in developed economies, but people pay because they see the benefit of paying. It was President Barack Obama who once said that people don’t like paying taxes but they know they have to pay. It is only through taxes that the wheels of government are run. Evasion of taxes is one of the most grievous offences anyone can commit in very serious countries. It is a very, very intolerable transgression against the state.

Today, Nigerians do not pay taxes because they know their money would be stolen by those in charge. In a country where the richest men are those in public office or those who recently held public office and not businessmen, it is hard to find people paying taxes. But when people think that their taxes will be deployed wisely, they will pay.

Lagos State is an example of a state that relies heavily on taxes. Even though Lagosians are complaining of being overtaxed, more than 90% of them will still vote for Governor Raji Fashola, the incumbent governor, in 2011. In fact, if for any reason Fashola refuses to seek re-election, Lagosians will, for the first time, “down tools” to force a person to join a race – and I am not talking about “area boys” here.

When governors rely on taxes to run their states, they will also create the enabling condition for businesses to flourish. In almost all states of the federation, especially in the Northern states, there are several mineral resources waiting to be explored but the easy money from oil has blocked the gumption to do so. If taxes become an issue, governors will encourage companies, both indigenous and foreign, to set up shops in their states that will generate more revenues from the payment of taxes. And one has not even considered the vast agricultural potentials available in virtually all the states.

In South Africa where taxes are a serious matter, for instance, Trevor Manuel, the super-minister in charge of national planning, had to answer questions from the opposition, about a month ago, as to why he had to purchase a BMW 7-series as his official car. The very powerful opposition had asked him in parliament to return the car for a cheaper one especially because of the cost of maintenance. Trevor Manuel went to great lengths to explain why it would in fact be more expensive to return the car after he had used it for nearly one year. That is the kind of discussion that currently goes on in South Africa.

In Nigeria, nobody asks a governor where he got the money to buy personal houses in London, New York, Cape Town and Dubai, all within the same year in which he also acquired five new personal jeeps and married a brand new state-of-the-art wife. In South Africa and in most other countries, the term “taxpayer money” has meaning. In Nigeria, it is really oil money.Payment of taxes is good, after all.

E A R S H O T

Putting Corruption To Death

EFCC chairman Farida Waziri made an assertion last week that has attracted little attention. She said that we should apply the Chinese-style capital punishment for those who steal public money. It is doubtful if the current members of the National Assembly will ever pass this kind of law – for obvious reasons – but we all must start thinking about it. At some point in this country, it must become the law. There is no point allowing anyone who steals public money and deprives the nation of good schools, good roads, good public transport system, good hospitals and other infrastructure to live. Such a person’s action, of course, must have led to the death of several innocent people, including children.

There should be no argument about this if China, which shows the example, is doing so well. Corruption is Nigeria’s greatest problem, and that is why, today, Nigeria has become a poor country of rich men. And most of the rich men are not even the business people. Today, many local government chairmen are richer than their local governments and many governors (both current and past) are richer than their states. Until we start meting out very harsh treatment, we will surely become a failed state.

People who steal public funds should be joined with murderers, drug pushers, armed robbers and kidnappers and put to death. Their vocation kills the society; that is why.

by Reuben Abati

WHY won’t the NPA Six who were convicted by Justice Bunmi Oyewole’s court, a court of competent jurisdiction, and who have since been kept in prison not wear prison uniform? The only explanation that can be gleaned from reports in yesterday’s newspapers is that Nigeria runs a two-prison system: one for the rich convict, another for the poor. The Sun newspaper in its “Life inside Bode George’s Cell” (October 31, p.13). and The Vanguard in its “Why Bode George, others refused prison uniforms” (October 31) offer a sad picture of all that is wrong with the justice administration system in Nigeria. The import of legal conviction and imprisonment is to remind society of the supremacy of the law and of the equality of all persons before the law. In reality, Nigerian Prison authorities allow a variation of this when they receive convicted persons into custody. If the reports in The Sun and Vanguard newspapers truly reflect the situation in Bode George’s cell, then whoever is in charge of the Kirikiri Maximum Prison has some explaining to do. Besides, higher authorities must find out why those in charge of the Kirikiri prison have allowed it to be turned into a PDP party secretariat.

We are told that Chief Bode George stays in a special cell, in a VIP section, and one asinine prison warder suggests that no one should expect a big man like that to be kept in the same section with pickpockets and armed robbers because after all, there is a classification of convicts by the prison authorities. Need that fellow be told that indeed pickpocketing and armed robbery may be a lighter than the grounds of the NPA six’s conviction and that the kind of privileges that Chief Bode George and co. are said to be enjoying violate the intent of their conviction by the court of law? Chief George, the papers report, has refused to wear prison uniform and the prison authorities have allowed him to bring along with him, a suitcase of clothes. A few days ago, we were informed that Chief George’s measurements had been taken and that his prison uniform would be ready by Friday. So why won’t he wear it? There is only one uniform for Nigerian prisoners. The case of the NPA six has already been determined; they may be granted bail pending the determination of their appeal for bail, but until then, they have to abide by the rules of prison life. At the moment, Chief George and his men are behaving as if the success of their bail application is a foregone conclusion but that is presumptuous and outrightly contemptuous.

Chief George is said to be taking this in his stride and reassuring his supporters that his imprisonment is the handiwork of his enemies and part of the price of leadership. The supporters reportedly arrive very early and they practically fall over each other to see their Godfather. To all intents and purposes, the Kirikiri prison has been turned into a car mart and a party secretariat. The Sun report states that Chief George starts holding court by 8 am. He obviously thinks that his conviction is a joke and the prison officials also see it as such! The big man does not eat prison food. Every day, his family and friends bring special delicacies for him to wolf down. Does he drink beer? Or wine? Or fruit juice? And is he also having that while in prison custody? I can imagine all the prison officials falling over themselves also to pay homage to the PDP chieftain.

One of them is quoted as saying that the likes of Bode George will always have their way in prison because an average warder’s salary is so poor; he survives by depending on the generousity of rich inmates. Corruption within the prison system compromises the justice system. No wonder it was disclosed not too long ago that persons who had been convicted and sentenced to various terms of imprisonment for drug-related offences found their ways out of prison and the records were doctored accordingly to cover them up. This was the finding of a panel set that was set up to probe the Nigerian Drug Law Enforcement Agency under the previous administration. There has been no further word on that scandal. A fresh probe of Nigeria’s prison system is long overdue.

The only inconvenience that Chief Bode George suffers, The Sun newspaper states is the lack of electricity. The prison generator is put on at 4 am and it is switched off at 6 am reducing the PDP big man to a fighter of mosquitoes, using every available fan to ward off heat and insects. If Bode George gets his bail and he gets out of this, he would at least have learnt that special lesson: no condition is permament. He must also have learnt one or two lessons about public service: namely that it is a double-edged sword for those who play games with the demands of integrity. Another lesson about human behaviour: prior to his conviction, he must have considered himself a sacred cow, an untouchable Godfather, but now he must know that he is human after all and that the law is no respecter of persons. He must not complain. What has been proven through him is that President Yar’çdua takes the rule of law seriously or that he does so when he so wishes.

This year alone, he has watched quietly as bank CEOS who donated to his campaign fund and that of the PDP were publicly humiliated. He has also refused to get involved in Bode George’s trial. Hopefully, all the persons who think that they are rich and privileged would learn from this, taking to heart the last line in Sophocles’ Oedipus Rex that no man should consider himself happy until he takes that happiness to the grave in peace. The air of happiness that is being created around Bode George’s presence in Kirikiri Maximum Prison is false. When all the visitors who see him in batches of five at a time leave, he would be left alone with mosquitoes and the eerie darkness of damp prison walls. He needs to be reminded that if he had been in China, he and the five others may have been given the death sentence. If he had been a Frenchman, he would not think that being convicted for corruption is a joke. Jacques Chirac, 76, former French President who has been charged for corruption is showing more sobriety than Bode George and he has not even been convicted yet. Chief Bode George and his men should stop behaving as if they are in a Guest House at Kirikiri. They are in prison. The reports about the special privileges that they seem to be enjoying should lead to an investigation.

But there is a flip side to all of this: with Bode George turned into a common criminal, and public opinion concretely against him and the malfeasances of the NPA six, the PDP elite may find in this a good excuse to launch a war through the courts against members of other political parties who may have skeletons in their cupboards. Allegations would have to be proven in a court of law of course, but should it happen and certain opposition figures get convicted, they would have no moral justification to complain about political persecution. The PDP hawks have made an example out of their own men, they may spare no knife in hacking the “political enemy” . Once this is upheld by the court of law establishing actual wrong-doing, so be it. More interesting scenarios await us before the 2011 general elections. But in the meantime, higher authorities should put an end to the offensive “Owambe”scene that Bode George and his supporters are allegedly staging at the Kirikiri Maximum Prison. Allowing a two-prison system that is based on class discrimination defeats the purpose of that system. There should be no hierarchy among prisoners, no double standard, no VIP-treatment behind prison walls.

Soludo’s Baptism Of Fire

PROFESSOR Charles Chukwuma Soludo would remember when he was baptised Charles at his family church. But that is nothing compared to the kind of baptism that he is currently receiving in Anambra state. His 78-year old father has been abducted. The kidnappers want N500 million, another group, OMEGA 12, has asked him to pay N5 billion. Is it possible for two different groups to kidnap one man? Soludo’s wife and children have since been relocated abroad. He has also moved his mother out of the family house. He and his supporters insist that whoever is behind this cannot break their will. But how much price is Professor Soludo willing to pay to realise his ambition of becoming the Governor of Anambra state in 2010?

There is no doubt that he is strong-willed. When he ran into trouble as CBN Governor over the redenomination of the Naira and he was practically disowned by the Presidency, he refused to heed the advsie that he should resign his appointment. If he is driven by the same resolve in this matter, he may choose to dare his opponents and damn the consequences. But if his father manages to survive the attempt on his life, Soludo would have to relocate him too. He may also have to relocate his siblings. And his nephew. And his in-laws. Even his associates. And he has to constantly look over his shoulders, lest he too is kidnapped. In the same Anambra state which he wants to govern, a sitting Governor was once abducted from the Government House. And those who did so are still active in that state, obviously.

Soludo’s travails have been linked to the manner of his emergence as the PDP Gubernatorial flagbearer in Anambra state and Chris Uba’s highly revealing outburst this week would further confirm that assumption. Hear Chris Uba as reported: “Soludo is a visitor in the state, he is a visitor in the party, but when he came we started the primaries, and in the delegate election he got only five, and when he got these few votes, Soludo himself went and brought a court order and told me, Chris Uba, that he brought that court order. He later came to my house to beg me for us to discuss. I told him to go first and vacate that court order, he told me the court order cannot be vacated. He also told me that he has about three court orders in his pocket….He has been calling me, begging me to soft pedal; and I said I will not soft pedal, that he must vacate because he came in through the backyard and he must leave through the backyard…

Soludo is not a member of our party, Soludo has not attended meeting anywhere… Soludo is a blackmailer but he cannot blackmail me to stop. I will continue to fight the cause I believe in…I will continue to fight his candidature till I get him out of office. He can’t try this in this party, he has ruined all the banks in Nigeria and he wants to ruin the party, it can’t happen. He knows the whereabouts of his father, let him bring back his father. Soludo is not at peace with his people, he is fighting with his people, he created an autonomous community. I want Nigerians to judge me and Soludo who has a skeleton in his cupboard…I am fighting a just cause and I have followers and my followers will not support illegality as exemplified in Soludo’s candidature.”

Weighty words, quite interesting but would Chris Uba be willing to tell us what the “skeleton” in Soludo’s cupboard is and how in specific terms he has as he alleges, “ruined all the banks in Nigeria?” And as for him, is he saying there is no skeleton in his cupboard? Does Chris Uba remember any one called Chris Ngige at all? Soludo is being exposed to so much harrassment because he wants to be Governor. Chris Uba says he came to beg him. A Professor of Economics and former Governor of Nigeria’s Central Bank going to beg Chris Uba? Did he prostrate? How much book dis Uba read sef? I hope Soludo will not fall into the trap of swearing to an oath at a shrine! Howsoever the drama of his Gubernatorial ambition plays out, Soludo must see in this the urgent need for him to join the campaign for electoral reform. And hopefully, also, he would see good reason to keep away from the PDP: a party with an unlimited supply of strange characters and incidents.

In the end, the Anambra debacle is all about the underdeveloped nature of Nigeria’s political process and the failure of the PDP. By 2011, there may be more copycats kidnapping the parents and relations of candidates. And if all aspirants have to start the race by first relocating their relations to neighbouring countries, this would not only drive up the cost of political particpation, it will also shut out well-meaning candidates and compel us to ask: who would be left to vote in Nigeria’s elections? An electoral system that requires political aspirants to send their loved ones on exile to prevent their abduction belongs to the age of barbarians. Kidnapping for whatever reason is unjusitifiable, it is criminal. The kidnappers of Pa Soludo must be found and the innocent man must be brought back home. This is another test case for the Nigerian Police.

by Simon Kolawole

I don’t know much about Chief Andy Uba. He had always run his life away from the limelight, until he dived into the “murky waters” of politics. I have met him only once – at the THISDAY summit tagged “Nigeria Meets the World”, held in New York two years ago. He was in company with Alhaji Aliko Dangote. As I greeted Dangote and tried to “escape”, he grabbed my hand, turned to Uba and announced, mischievously, “Andy, this is Simon!” I had written very critical articles against Uba, so I was expecting some outpour of expletives. That was why I did not want to greet him in the first place. But, to my surprise, he greeted me warmly and asked, rather rhetorically: “Simon, what have I done to you now?” He came across to me as a soft-spoken, humble gentleman. All I did was smile. People I’ve criticised usually curse me when we meet. I was expecting a similar treatment from Uba, but he disappointed me.

In the event that you don’t know Andy Uba, an introduction will suit you. He was Special Assistant to ex-President Olusegun Obasanjo. He was the governorship candidate of the Peoples Democratic Party (PDP) in the April 14, 2007 election in Anambra State. He was declared winner by the Independent National Electoral Commission (INEC). He was sworn in on May 29, 2007. But, in the shadows, there was a court case instituted by Governor Peter Obi to determine if he had served out his tenure in accordance with section 180(2)a of the 1999 Constitution. Obi had challenged the 2003 election in which Dr. Chris Ngige was declared winner by INEC. Obi pursued his case to a definitive conclusion and was sworn in as governor in March 2006 – almost three years after litigation. The next question was: would he serve just one year and leave office when the Constitution guaranteed him four years? Two weeks after Uba was sworn in, the Supreme Court returned Obi to the Government House with a judgment that his tenure would expire on March 17, 2010. The court berated INEC for conducting the April 14 election when it was well aware that there was no vacancy.

For whatever reason, Uba refused to give up. In a way, you would not blame him. He probably saw himself as a victim of circumstances. He probably felt a sense of injustice – a feeling that he was not responsible for INEC’s actions and errors. To everyone’s surprise, however, Uba went back to the Supreme Court, asking the apex court to reverse itself and restore him to office. The Supreme Court rarely reverses itself. I still do not know what gave Uba the confidence to try his luck. Several times he went back to the court but he eventually withdrew his plea and returned to a lower court, the Appeal Court, this time around to discuss the petition from the April 14, 2007 election. An elections petitions tribunal, basing its stand on the Supreme Court pronouncement on Obi’s tenure, had dismissed the petitions rising from Uba’s election on the ground that the election should not have held in the first place; in law, they say you cannot build something on nothing. The case ended up at the Appeal Court where the panel ruled the lower tribunal out of order. It said, curiously, that the tribunal should have listened to the petition on its merit, despite Supreme Court’s verdict. If you ask me, this was the beginning of Uba’s dilemma. The Appeal Court, for reasons best known to them, raised Uba’s hope and we are yet to get over it till today.

In the next few days, the Appeal Court sitting in Enugu is expected to give a “declarative verdict” on the status of Uba in line with its February 2008 judgment that the result of the April 2007 election was still “live” in spite of Supreme Court’s ruling on Obi’s tenure. Is Uba governor-in-waiting? Should he take over as soon as Obi’s tenure expires on March 17, 2010? Strong indications are that the Appeal Court will rule in Uba’s favour and spark off another round of controversy. A group recently placed an advert in the newspaper accusing Uba of inducing the judiciary to do his bidding. They said Uba had been promised the Anambra governorship as a “parting gift” by a top shot of the Appeal Court. A pro-Uba group has denied the allegation, describing it as nothing but blackmail. Whichever way you look at it, however, there is a buzz in Uba’s camp. The expectation is very high that he will be declared governor-in-waiting by the Appeal Court panel, which is said to be split 3-2 in Uba’s favour. This is quite intriguing.

Now let’s look at the matters arising. One, the Supreme Court has ruled in very clear terms that Obi’s tenure expires on March 17, 2010. That should be easy enough to understand by anybody. Two, the Constitution states clearly in Section 178(2) that an election to the office of the Governor of a State shall be held on a date not earlier than sixty days and not later than thirty days before the expiration of the term of office of the last holder of that office. In simple English, or arithmetic, 60 days to March 17 would be January 17, while 30 days would be April 17. INEC has fixed February 6 for the election, which is well within range. Where does April 14, 2007 come into the picture? The Constitution in front of me here does not say “not earlier than 37 months or later than 36 months”. Three, by constitutional provisions, the sitting governor is allowed to seek another term in office because he is entitled to a maximum of two. The incumbent will therefore be denied his right to contest. Four, since INEC has fixed February 6, 2010 for the governorship election in line with Supreme Court’s judgment, what happens to the winner of the election? Will he too become governor-in-waiting to assume office when Uba’s tenure expires on… I don’t even know what date that would be now.

Since feelers from the Appeal Court indicate that Uba is coasting home to victory, I think the Nigerian judiciary is in for a torrid time. The reputation it has won in this democratic dispensation will become food for the dogs. If the Appeal Court upturns the Constitution and Supreme Court’s pronouncement on this matter, I guess the logic will continue to haunt the justices for the rest of their lives. The honourable justices should also think of their names. The Anambra conundrum has claimed many victims in the judiciary, notably Justice Wilson Egbo-Egbo, whose career was terminated in disgrace. Whether we like it or not, a good name is better than silver and gold, no matter what the modern man thinks.

If the Appeal Court goes ahead to upturn what the Supreme Court has said on Anambra State, of course the case will go back to the Supreme Court. Any argument that a governorship election petition ends at the Appeal Court will obviously not hold water, because this is ultimately a constitutional matter, not just an election petition. The final question will be: going by Section 178(2) of the 1999 Constitution, can an election be held 36 months to the expiration of the tenure of the incumbent? The clear answer is no. On what law was the April 2007 election based then? Can you build something on nothing? The answer is no. I have this funny feeling that if the Appeal Court justices allow themselves to be lured into upturning a Supreme Court judgment, the National Judicial Council (NJC) will eventually pounce on them. My gut feeling is that many of them will end their careers like Egbo-Egbo. “Egbo”, in Yoruba, means “wound”. They will nurse their wounds for life – if they stand constitutional logic on its head.

Bode George and the Way Forward

The conviction and jailing of Chief Bode George – and five others, let me quickly add – came to many Nigerians as a shock. Most of the people who called me were incredulous. “Are you sure Bode George has been jailed?” was one question I had to answer many times. Now, I don’t blame the Doubting Thomases. When was the last time a big politician was sentenced to jail and given a prisoner’s uniform for corruption? You have to go all the way back to the Muhammadu Buhari/Tunde Idiagbon era to get an answer to that. I’m talking of 1984-85 – some good 24 years ago. Those born then have graduated from the university and married and had children. Quite some history. Since then, those who get sentenced to jail are the guys who snatch handbags at Oshodi. The guys who steal the billions usually get national honours and police escorts. So Nigerians are entitled to scepticism.

Even as I write this, I (like many other Nigerians) don’t really believe George will serve his jail term. It’s very unNigerian for a big fish to be caught and served justice in large dosage. While I do not rejoice over the plight of George (many of the politicians who are celebrating his downfall are worse criminals), I am delighted with the judgment for several reasons. The symbolism should not be lost on us if we are to strengthen nation-building and facilitate Nigeria’s development. First, it is assumed, or believed, that no big politician will ever go to jail in Nigeria. This belief fuels impunity and despair. Impunity because politicians engage in bad behaviour knowing fully well that they will never be brought to justice. Despair because many Nigerians have given up hope of justice. They end up saying “Nigeria is finished” and never expect anything good to come out of their country. This judgment is therefore capable of sending a warning signal to politicians that they can actually go to jail.

Also, there’s a high possibility that the George judgment will have a positive effect on other judges across the country who may have also come to believe, like many Nigerians, that big politicians cannot go to jail. Now they know those guys can indeed go to jail. The judges, I believe, will henceforth be encouraged to slam the hammer on these guys. Until Peter Obi pursued his election petition to a logical conclusion, no governor had been removed from office by the judiciary. This must have discouraged many judges from giving big judgments. However, as soon as Obi won his case and was installed governor of Anambra State almost three years after the election, the other tribunals and courts took their cue from the case and began to take big decisions. I expect the Bode George judgment to have a similar effect on other judges who are handling political cases involving former governors and former ministers.

Three, I expect that President Umaru Musa Yar’Adua will not interfere in this case, although his party is talking tough (“It is not over yet,” the party’s scribe, Abubakar Baraje, has said). Indications so far are that Yar’Adua is ready to allow things to run on their own. When the Minister of Power, Lanre Babalola, moved against the big guys at the National Electricity Regulatory Commission (NERC), attempts were made to reach Yar’Adua to call off the action, especially as a top prince was involved, but he refused. The recent removal of Francis Atuche as MD of BankPHB was a shocker – Atuche was Yar’Adua’s banker. The Yar’Adua family is a major shareholder in BankPHB (the president declared this in his assets form). Yet Atuche and BankPHB were not spared the hammer. I therefore expect that the President will not make any underground moves to get George and co. off the hook. In which case, our institutions will have an opportunity to grow in strength. The judiciary as well as the anti-graft agencies will only gain from this. Anything short of this and the judgment by Justice Joseph Olubunmi Oyewole will just be another false dawn.