(Being the Address delivered by Femi Falana, at the 50th year anniversary summit convened by Movement of Genuine Change to mark the creation Kwara Stae Ilorin on Saturday, May 20, 2017.)
Introduction
I congratulate the members of the Movement for Genuine Change on the occasion of the 50th year anniversary of the creation of the Kwara state. I am delighted to participate in the historic celebration by the government and people of Kwara state. Although like other states in the country Kwara state was established for the purpose of bringing the government closer to the people. But it is regrettable to note that over the years the government has been taken away from the people as a few powerful individuals have privatized the state and cornered its resources to the detriment of the people. It is hoped that this movement will align with other progressive organizations to embark on the mobilization of the people to take their political destiny in their own hands.
Political participation in politics
By virtue of section 14 of the Constitution, sovereignty is said to belong to the people from whom the government shall derive its authority and legitimacy. The welfare of the people shall be the primary purpose of the government while the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution. Section 16 thereof stipulates that the national economy shall be managed in such a manner that the happiness and prosperity of the people will be guaranteed. But popular participation in politics has been hijacked by a few god fathers and money bags. Candidates are imposed on political parties while elections are manipulated by the ruling political parties.
To ensure internal democracy in the political parties the Electoral Act, 2010 as amended has provided for the election of candidates through direct and transparent party primaries which shall be monitored by officials of the Independent National Electoral Commission. But the provisions of the Constitution, Electoral Act and Guidelines as well as the rules of political parties are breached with impunity by party leaders because politics has been left in the hands of a few professional politicians. It is high time the situation was changed in the overall interest of the society. The task of changing the course of history has to be taken up by the labour movement and other progressive organizations in the country. But the required mobilization must include the struggle for popular control and management of the national economy.
The political economy of underdevelopment
In April 2014, the Federal Government celebrated the rebasing of the Nigerian economy as the largest in Africa. As the rebasing was largely artificial the economic status of Nigeria has since been reduced due to the fall in the price of crude oil in the international market and the devaluation of the national currency. Although the Federal government was forced to admit that Nigeria was in economic recession last year the masses have always been in recession since the Structural Adjustment Programme was imposed on the nation about three decades ago.
While the government has predicted that the economic recession would end this year the United Nations has confirmed that 20 million people in 4 countries namely Nigeria, Somalia, Sudan and Yemen are at the risk of starving to death. Nigeria is also far behind many poor nations in several areas of the human development index. In the midst of excruciating poverty confronting the people the government has no concrete empowerment programme that will lead to self reliance for the masses of our people. The paradox of poverty in the midst of plenty requires and understanding of the root cause of our crisis of underdevelopment.
The Nigerian economy is controlled by market forces in line with the dictates of the International Monetary Fund and the World Bank. It is an economic programme which has destroyed the middle class and reduced the quality of the life of the masses. Since the Nigerian people are opposed to the devaluation of the national currency the dangerous policy has been carried out through the dubious dollarization of the economy. The dollar which exchanged for 60 kobo before the introduction of SAP in 1986 was recently sold for over N500. In spite of the forex scarcity the government has continued to promote capital flight through the importation of goods which can be produced locally.
With the fall in the price of crude oil the government has engaged in wasting the nation’s reserves on the consumption of foreign goods by the parasitic and corrupt ruling class. As the poor are asked to tighten their belts the system has continued to bail out the rich. The over reliance on the private sector for the development of the country has ruined the economy. Indeed, the private sector is pampered by the system with loans and intervention funds, duty waivers and tax incentives running to hundreds of billions of Naira. When the huge loans taken from the commercial banks threatened to collapse the economy the federal government set up the Assets Management Corporation of Nigeria (AMCON) to buy them. The AMCON has found it difficult to recover loans of about N5.4 trillion owed by 50 companies in the private sector.
Meanwhile, the Peoples’ Bank set up by the federal government in 1989 to provide loans without collaterals to indigent citizens was scrapped in 1992. The judgment of the Federal High Court that the Bank be restored has been ignored by the Federal Government . The APC-led government has promised to give N5,000 monthly stipend to 25 million poorest citizens. It has also embarked on a feeding programme for primary school pupils. No doubt, the school feeding programme will increase school enrolment and improve the nutrition of school kids. If it is properly implemented these tokenistic measures will go a long way to alleviate poverty among the masses.
It is however my submission that widows, youths and other vulnerable segments of the society cannot be self sufficient during economic recession because of the crisis of capitalism. The crisis is manifested in unemployment, poverty, infrastructural decay and insecurity of life and property. The control of the economy has been left in the invisible hands of market forces. With respect, the control of the economy by market forces is illegal as it violates section 16 of the Constitution which has imposed a duty on the government to plan the economy and take control of the commanding height of the economy.
As a matter of fact the management of the economy by market forces is fraudulent. How can the State preach the gospel of free market and then turn round to consolidate banks? Does free market allow the State to set up AMCON to take over private companies and manage them due to the failure to pay loans? Does free market authorize the Central Bank to sell dollars to Banks and Bureau De Change operators on a weekly basis? Is it part of free market policy to sell public assets to private investors and then provide them with intervention funds to run them? Or does free market support the granting of duty waivers to the private sector? The grand mismanagement of the economy under the pretext of promoting free market should stop.
On his arrival from his medical vacation in the United Kingdom during the first week of March this year, President Buhari confirmed that he received the best medical treatment and therefore urged Nigerians to invest in education. The federal government has to lead the way by voting substantial fund to infrastructural development as well as improved funding of health and education with emphasis on science and technology. However, the education of our children should incorporate the teaching of core values of industry, national morality and integrity in line with the provisions of section 19 of the Constitution. In view of the overbearing influence of religion on the masses the leaders of all faith based institutions should stop the practice of celebrating criminality in any manner whatsoever.
Recovery of looted wealth
The ongoing recovery of the nation’s looted wealth should be supported by the masses on the condition that the proceeds of the crime committed against the people by the ruling class will be channeled toward job creation and infrastructural development. However, I am not unaware that sections 20 and 21 of the EFCC Act provide that funds realized from the sale of properties of persons convicted abroad shall be paid to the coffers of the federal government and section 30 of thereof which provides that other recovered loot be paid into the federation account.
In the first place, the recovered funds have not been traced to the Federation Account. Secondly, section 162 of the Constitution provides that the Federation shall maintain a special account called “the Federation Account” to which shall be paid all revenues collected by the Government of the Federation. It is our submission that recovered loot does not form part of the revenue collected by the Government. To that extent, it cannot be paid to the Federation Account. The recovered loot should therefore be transparently managed and spent on socioeconomic projects by the federal government.
The federal government should stop releasing funds to state governments which are unable to account for the bailout fund and London/Paris club loan refund made available to them to fund the payment of salaries of workers and other development projects. The anti graft agencies have a duty to investigate and bring to book the criminal elements who are alleged to have cornered and diverted the public fund. I call on the labour unions to ensure that the fund is fully accounted for as it was meant to alleviate the suffering of the working people.
Hypocrisy over Islamic banks
The move to licence Islamic banks by the Central Bank of Nigeria has generated negative reactions from a number of Christian leaders. It ought to be pointed out that the establishment of banks by religious bodies is not illegal in so far as they are not run with public funds. In fact, Christian leaders have a duty to support the establishment of free interest banks and other financial institutions. After all, it is clearly stated in Exodus 22:25 that “If you lend money to any of my people who are poor among you, you shall not be like a moneylender to him; you shall not charge him interest.”
In tackling poverty among Christians it is also decreed that “if one of your brethren becomes poor, and falls into poverty among you, then you shall help him, like a stranger or a sojourner, that he may live with you. Take no usury or interest from him: but fear your God, that your brother may live with you. You shall not lend him your money for usury nor lend him your food for profit ”.
In a country where religious institutions are allowed to invest in commercial ventures there is no justifiable reason for mounting opposition to the establishment of Islamic banks which are not going to charge interests. Therefore, apart from stopping the opposition to the establishment of Islamic banks, Christian leaders should set up welfare schemes to encourage the establishment of banks that will make loans available to the poor without charging them interests. This will go a long to alleviate poverty among the poor in the congregation.
Ethno-religious Violence
In December 2015, 347 Shiites were massacred when armed troops opened fire on them in Zaria for allegedly causing a traffic jam which interrupted the movement of the convoy of the Chief of Army Staff. Instead of calling the murderers to order the Kaduna state government aided and abetted them in the secret burial of the bodies of the slain Shiites in a mass grave in Mango village, near Kaduna. As if those atrocities were not enough, the Kaduna state government proceeded to demolish the houses of the Shiites leader, Sheik Ibraheem Elzakzaky. Apart from witnessing the gruesome murder of three of their children , Elzakzaky and his wife who were subjected to horrendous brutalisation from the troops have been detained without trial since December 14, 2015. The directive of President Buhari that the criminal elements who perpetrated the orgy of violence be fished out and prosecuted is likely to be sacrificed on the alter of “peace”.
Having lost his right eye Elzakzaky has applied to seek medical treatment abroad. But the request has been rejected by the State Security Service. In a grand display of impunity the order of the Federal High Court that the couple be released from detention and be provided with accommodation by the government which has rendered them homeless has been treated with disdain. Governor El-Rufai should be advised to direct the Attorney-General of Kaduna State to set the engine in motion for the immediate arrest and prosecution of the well known criminal elements who massacred 347 Shiites and the 204 people in Southern Kaduna.In any country which operates under the rule of law the perpetrators of violence are not treated like sacred cows.
With respect to the incessant killing of farmers by armed herdsmen in the various parts of the country the federal government should collaborate with state governments to embark on the establishment of ranches and abattoirs in all the states of the federation. Our political class ought to learn from Botswana which is an arid land as the Kalahari desert has extended to the western part. Yet that country which is the largest producer and exporter of meat and meat products in Africa has successfully eliminated clashes between cattle rearers and farmers by establishing ranches and abattoirs.
Redirecting of the Wheel of Statecraft
The level of poverty in Nigeria provides a fertile ground for the recruitment of the economically ‘un-captured’ to perpetuate wanton ethno-religious violence. The National Bureau for Statistics has stated that about 70 percent of all Nigerians are poor. The solution to this is to massively invest the material resources of the country on development and employment creation. This would mean that the economy is restructured and diversified, corruption is seriously engaged, and the commitment to development is true and central. Second, there will always be individuals that would benefit from divisions and national discord or secession of the country. In this regard the security system of the State must be ready to arrest and punish this group of individuals.
There is also the need to empower institutions. The problem with Nigeria is not the lack of institutions but the challenge has always been that the existing institutions have under-performed or have been hijacked, domesticated and used for certain group interests. Such institutions include the electoral body, police, media, judiciary, religious and ethnic based-bodies. The more these institutions are divorced from ethno-religious interests the more they champion the quest for nation building. Fourth, there is the need for rule of law. Ethnic tensions and resentments would reduce when it is collectively accepted that politics and governance would be guided by the rule of law. Some individuals should not be above the law while others are subjected to the law. The Fourth Republic has been rightly described By Mr. Tony Momoh as de-democratisation rather than democracy.
The government has a duty to educate and mobilise the people against centrifugal forces. The proponents of dividing Nigeria have always found it easy to list the challenges facing Nigeria such as corruption, poverty, exploitation, marginalisation and infrastructure among others. Yet they have often failed to state how these realities would be engaged in the new states that they advocate. For instance, is there any critical reason to assume that there would not be exploitation and minorities in a Niger Delta state or in a Biafra? If it is true that some of the unscrupulous politicians that had benefited from the divide-and-rule politics in Nigeria, what is the certainty that they would not do the same in the new states? The ordinary Nigerians must be educated in this regard.
Nigerians should also be mobilised against centripetal forces in a systematic way. The public must be sensitized to the dangers and consequences of balkanising the Nigerian State. What happens to federal institutions in each state? Where do the non-citizens of the new states go? How will they be catered for in their new states upon return? If they are not catered for, will it not generate another round of neo-secessionist plots in the new states? The answers to these questions should help government in its national mobilisation strategy which should state from primary to tertiary level and must permeate the informal sector. Indeed, the government and its agencies are equally guilty of sabotaging nation building through the implementation of dangerous and ill digested neo-liberal policies and programmes.
A dangerous suggestion on nation building was made by the late strong man of Libya, Colonel Maumar Ghadaffi had advised that for there to be lasting peace in Nigeria, the country must be balkanised along ethnic and religious lines. His thinking, largely based on the Huntingtonian clash of civilisation thesis that forecloses any possibility of building a collective national sentiment in a context where there is an on-going warfare and/or violence along the country’s fault lines that divides Nigeria’s Muslims and their Christian counterparts. Simply put: Ghadaffi believed that stability could only be achieved in Nigeria if the country is divided along religious line. Although Gaddafi got it totally wrong, the task of nation building remains a challenge in Nigeria just as it was in the immediate years of independence.
On the plan to sack the civilian government
A few days ago, the Chief of Army Staff, General Buratai alerted the Nigerian people of the nefarious plans of a bunch desperate politicians to invite some members of the armed forces to terminate the democratic process. Although various civil society groups have warned against the dangerous plot, the media and officials of the federal government should stop playing into the hands of anti-democratic elements by giving the false impression that there is political instability in the country. The enemies of democracy must not be allowed to exploit President Buhari’s ill health to truncate the democratic dispensation. In view of the ruination of our economy, the bastardization of our politics and the devaluation of our national morality by previous military dictators the Nigerian people must be prepared to reject the coming into power of another fake Salvation Army.
Notwithstanding the glaring shortcomings of the fragile democratic process the people should be allowed to take advantage of the democratic structures to effect change. Our bitter experience has shown that Nigerians have opted for political change through the ballot box and not through the barrel of the gun. On their own part the political class should put their house in order and stop inciting potential coup plotters. While the decision of the Army Chief to alert the nation of the devilish plot is appreciated the authorities should proceed to fish out the coup plotters and their civilian collaborators with a view to trying them for treasonable felony.
In his last letter addressed to both chambers of the National Assembly, President Buhari disclosed that he was proceeding on medical vacation and that the Vice President, Professor Yemi Osinbajo SAN would coordinate the affairs of the State pursuant to section 145 of the Constitution. When a senator questioned the letter for not expressly stating that power had been transferred to the Vice President as Acting President he was called to order by the Senate President, Dr. Bukola Saraki who promptly directed attention to section 145 of the Constitution. Notwithstanding the timely clarification made by the senate leadership a section of the media alleged that there was a deliberate plan by a cabal to prevent the Acting President Osinbajo from standing proxy for President Buhari.
However, in line with the letter transmitted to the National Assembly by President the Acting President has continued to exercise the powers of the President. It was therefore embarrassing when the Minister of Information and Culture, Alhaji Lai Mohammed was reported to have said that the government was not sure who would sign the 2017 Appropriation Bill into law. A presidential aide categorical stated that the budget would be signed by President Buhari. Once again, the attention of the Nigerian people has been diverted from the contents of the budget. The debate is whether the signing of the budget would be carried out by the Acting President or the President whenever he returns to the country. Alternatively, it has been suggested that the President may sign the bill in his hospital bed!
Having regard to our recent experience when the budget of the federal government was forged by a cabal the legal status of the 2017 Appropriation Bill ought to be clarified. I wish to state, without any fear of contradiction, that once the President has transmitted a letter to the National Assembly that he is proceeding on vacation all presidential powers are automatically transferred to the Vice President who shall be the Acting President. Therefore, until the President writes another letter to the National Assembly at the end of the vacation he cannot exercise the powers of his office. In other words, the President is not competent to sign any bill into law while he is on vacation. The Constitution did not envisage that a President who is on vacation and an Acting President who is standing proxy for him will be exercising presidential powers simultaneously. To that extent, pending the resumption of duties by President Buhari the Acting President, Professor Osinbajo is competent to sign all bills validly passed by the National Assembly.
In view of the way and manner President Buhari has invoked section 145 of the Constitution no aide should embarrass him by causing unnecessary distraction over his medical vacation. Whereas the Constitution allows the President to send a letter within 21 days before sending a letter to the National Assembly he has always transmitted a letter before leaving the country. It would be recalled that when President Buhari returned to the country on February 3, 2017 he directed the Acting President to continue to rule the country as he would not resume duties until 3 days later when he would inform transmit a letter to the National Assembly. If President Buhari did not exercise powers during his vacation even though he was in the country why would he want to do so while he is on medical vacation abroad? Henceforth, the debate over the President’s medical vacation should centre on the urgent need by the federal government to equip some of our hospitals to avoid the disgraceful practice of sending the nation’s leaders abroad for medical attention.
And instead of dissipating energies over the competence of an appropriation bill signed into law by the Acting President the Nigerian people should subject the 2017 budget to scrutiny. Analysis of the budget should not be limited to the national assembly as the executive branch has equally made budgetary provisions for items that cannot be justified under economic recession. In spite of the nation’s economic recession the national assembly decided to increase its 2017 budget by N149 billion. The national assembly jerked up its own budget from N115 billion to N125 billion. Out of the budget the sum of N13 billion has been earmarked for entertainment, travels and transportation by the federal legislators. Other details include do not reflect the economic reality of the country.
However, the national assembly deserves commendation for publishing the details of its budget. But the resolution passed to increase the budget is illegal and unconstitutional as the exclusive power of the President to prepare and lay the budget was usurped by the national assembly. In other words, the legislators illegally prepared some aspects of the budget, laid them before themselves and passed them without any reference to the President. In order to fund the scandalous budget the federal government is shopping for a loan of $3.5 billion! I am compelled to call on the Acting President to refrain from signing the bill into law if the strange items are not expunged and removed by the national assembly.
Conclusion
In order to cushion the effect of the economic recession the federal government should restore the Peoples’ Bank to give loans to indigent citizens who cannot access loans in commercial banks. The Islamic Bank and others which are not going to charge interests should be established. In addition, the federal government should spend the fund recovered from corrupt public officers and their privies on job creation and fixing of hospitals and schools as well as the funding of other social services.
It has to be pointed out that the economy of the country cannot be transformed in favour of Nigeria on the basis of the dangerous prescriptions of the World Bank and International Monetary Fund. Nigerians should therefore be prepared to challenge the recycled neo-liberal managers of the economy who continue to insist on the dominance of market forces which have been discredited by the crisis of global capitalism. The Nigerian people should be organized, empowered and mobilized through their unions, associations and collectives to rebuild the country.
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