He got into the CIA without a high school diploma: brilliant computing skills gave him access to secrets

LAST UPDATED AT 09:31 ON Mon 10 Jun 2013

EDWARD SNOWDEN, the man responsible for what The Guardian calls “one of the most significant leaks in US political history”, managed to work for the CIA without obtaining a high school diploma. It was his brilliant computer programming skills that saw him rise through the ranks of the agency.

Now 29, and holed up in a hotel in Hong Kong where he is praying the authorities won’t hand him over to the Americans, Snowden was raised in Elizabeth City, North Carolina.

He and his family subsequently moved to Maryland, near the National Security Agency (NSA) headquarters in Fort Meade. In an interview with The Guardian, Snowden admitted he was “not a stellar student” and studied computing at a community college in Maryland in order to obtain his General Educational Development [GED].

In 2003, at the age of 19, he joined the US Army because “I wanted to fight in the Iraq war because I felt like I had an obligation as a human being to help free people from oppression”. His dream of serving in the Special Forces was ended after a training accident in which he broke both his legs.

Discharged from the military, Snowden was hired by the NSA as a security guard for one of the agency’s covert facilities at the University of Maryland. The Guardian claims that Snowden then “went to the CIA, where he worked on IT security”.

Despite his lack of a high school diploma, Snowden’s talents on a computer keyboard meant that by 2007 he was working under diplomatic cover for the CIA in Geneva. The Guardian says that Snowden’s “responsibility for maintaining computer network security meant he had clearance to access a wide array of classified documents”.

Leaving the agency in 2009, Snowden was hired by Booz Allen Hamilton, a private contractor, and assigned to a functioning NSA facility in Japan. Though he earned an annual salary of approximately $200,000, Snowden told the Guardian that the more he saw of the NSA the more he believed they “are intent on making every conversation and every form of behaviour in the world known to them”.

Snowden’s CV has raised eyebrows in the US. One former CIA official told the Washington Post that “it was extremely unusual for the agency to have hired someone with such thin academic credentials, particularly for a technical job”, while a former senior US intelligence official was puzzled why a Booz Allen contractor at an NSA facility “would have access to something as sensitive as a court order from the Foreign Intelligence Surveillance Court”.

Nonetheless both men agreed that Snowden’s revelations have “rattled the intelligence community”. As to his motivation for leaking the information, Snowden told the Guardian: “I can’t in good conscience allow the US government to destroy privacy, internet freedom and basic liberties for people around the world with this massive surveillance machine they’re secretly building.”

According to the Guardian, Snowden worked on his leak in Hawaii where he and his girlfriend have a home. He travelled to Hong Kong on 20 May in the hope that he will be helped to resist US attempts to extradite him.

“Mainland China does have significant restrictions on free speech but the people of Hong Kong have a long tradition of protesting in the streets, making their views known,” said Snowden. “I believe that the Hong Kong government is actually independent in relation to a lot of other leading Western governments.”

But some lawyers say Snowden’s hope of escaping prosecution under the US Espionage Act of 1917 is fanciful. “They’re not going to put at risk their relationship with the US over Mr. Snowden, and very few people have found that they have the clout to persuade another country to go out of their way for them,” the Daily Telegraph quotes New York attorney Robert Anello as saying. · 

The Home    ***   These two lovely kids look like they know what financial whiz their parents are!

by Adam Hatter. Yahoo! Contributor Network

I am not a financial genius by any means. At times in my life, I’ve maxed out all available credit and found myself in debt up to my eyes. But as of June 7, 2013, my wife and I are mortgage-free. That’s four years and 10 months from the day we made our first payment.

Why we’re paying off our mortgage

 Shortly after being married in 2006, my wife and I had a new home built less than 10 minutes away from our jobs. We moved into our home in July 2008 and had our first payment due the following month. Our original mortgage was in the amount of $156,780 on a 30-year fixed-rate loan at 5.875 percent, which gave us a monthly payment of $927 (before insurance and taxes). This meant at the completion of our 30 years of dedicated payments we would have paid $333,868 (give or take) — and $177,078 of that would go to the lender, just for having let us borrow money.

Initially we had no intentions of living in our home for more than a few years, so we only made the minimum monthly payments during the first year. The goal was to finish our attic and basement, build a deck, and then sell the home and downsize. But after the birth of our first child and deciding to have a second, we realized the house did meet our needs and we wanted to raise our children there. Once we decided to remain in the house, we knew the sooner it was paid for the sooner we would be free from the shackles of debt; the sooner we would have the ability to use our money for more than just monthly bills.

We devised a plan to pay off the mortgage and “suffer” for a few years while our children were young. We figured while they were babies and toddlers we wouldn’t want to have many adventures away from home (Disney with a 1- and 3-year old, no thanks) and they wouldn’t require many high-dollar necessities (play dough and crayons provide nearly endless entertainment early on).

How we did it

 We pooled resources. This meant taking every penny made and concentrating that beam of liquidity in the direction of our mortgage debt. Our household income is quite average, but when we closely examined our finances, we found that we had much more than we were putting forth to pay toward our mortgage. I’m an analyst for a day job and of course I deal with numbers a great deal, so I created my own budget sheets and amortization charts. In the end, there were several contributing factors that helped us pay off our mortgage in less than five years:

• We made bi-weekly payments and ensured the extra payment each month went directly to principal. Once the bank started receiving an extra full payment every two weeks they immediately started applying it to our account as a future payment; we learned this lesson quickly and after that made sure the bank coded our account to only apply one payment a month and put everything else toward principal .
• We refinanced. After 26 months of payments on our original mortgage, we had only whittled it down to a little over $147,000. In November 2010 we refinanced this amount to an interest rate of 4.375, staying with a 30-year fixed mortgage. Our new payment was $737 (before insurance and taxes).

• We lived well within our means. Goodwill saw the majority of our business.
• Anytime we had extra money we applied it to the mortgage. This was everything from an unexpected tax refund to finding opportunities for overtime at work.
• We lowered our savings contributions. Our 401k contributions were originally set at 15 percent, so we cut this down to 5 percent and still received our employer match of 5 percent. We also had monthly allotments going toward 529 college savings accounts for our children; after realizing our pooling efforts would only require these contributions to be discontinued for a few years, we decided to stop them temporarily until the mortgage was paid off .
• We avoided other forms of debt. For example, our two paid-for reliable vehicles meant we didn’t have car payments absorbing our income. We decided not to purchase a new car unless one of the current vehicles died. Thankfully, they held on.
• We originally had separate his and hers spending accounts that allowed us each to make minor impulse buys without acquiring the blessing of the other; these were cut out.
• We reevaluated our monthly bills. After a number of phone calls and negotiations I was able to lower our cable, cellphone, and car insurance bills. We eliminated our home land line entirely, and we also had our home security service disconnected.
• The tax man was getting more than his share each paycheck, which meant every year we were getting a substantial tax return. We reconfigured our tax deductions with a goal of never owing but trying to gauge our return as close to zero as possible. This added that much more each payday to our bank account. In the few occasions that we received lumps of tax money back, of course those funds went directly to our mortgage, down to the last penny.
• Lastly, we looked at ways we could shrink our utilities. For electric savings, we installed programmable thermostats and lowered the heat temperature and raised the air-conditioning temperature; in the winter we bought mini oscillating heaters (with safety shutoffs) for each bedroom and turned off the heat from 7 p.m. until 4 p.m. the next day; we closed the vents in any room that was not in use (including the basement, attic, bathrooms, and laundry room); as incandescent light bulbs blew out we replaced them with compact fluorescents. All of these changes decreased our average monthly electric usage by almost 50 percent, from around 1,800 to 2,000 kilowatt-hour to where we are now at approximately 1,000 kwh. We also applied a few water conservation rules as well — opting to take showers at the free gym facilities available at our places of work, enacting “if it’s yellow let it mellow, if it’s brown flush it down,” washing all dishes by hand, and purchasing energy-efficient front loads — that dropped our water bill down to an average of only $25 a month, which is as low as it gets in our area.

We had some unexpected items pop up during these years. There were post-Christmas 50-percent-off sales that we couldn’t resist. We were affected by the derecho storms in summer 2012. And we did have a few events arise that required us to travel. Even though we cut back so much and were applying a lot of our income toward our mortgage, we still found enough money to spend somewhat freely on food and little luxuries like Dora the Explorer stickers and dinosaur fruit snacks.

Life with no mortgage

What next? We plan to take our 401(k) contributions back up to 15 percent, resume our monthly allocations toward the 529 accounts, and start saving to our discretionary accounts so we can finally begin making a few impulse buys without generating a position paper on how the need outweighs the cost to sway the opinion of the other party (that’s in marriage terms). We will most likely keep the remaining savings practices we’ve adopted and possibly work toward reducing our monthly obligations even further. I have been bitten by the energy conservation bug during this endeavor and have pitched plans to include some solar and thermal additions to our home.

I wish I could say we are going to do something extraordinary — like an extravagant family vacation — to celebrate our financial conquest but as for right now we have no plans to do so, since our children are still young enough that they are much happier running through the sprinkler in the yard than riding in a car for 10 hours just to pile in a hotel or stand in line at a theme park. But in a few years, once we have two potty-trained non-nap-taking children, we plan to go all out and take a Disney cruise.

POSTSCRIPT – for U.S. readers because I know nothing of the workings of real estate borrowings in other countries, including Nigeria where banks lend at usurious  rate of over 20 percent – even today – for different needs which must include real property.

This is a wonderful essay that we can all learn from.  While it may be difficult for everybody to be as disciplined or as lucky with time to take on extra work or such, just about EVERYBODY can reduce the bottom line you go to final settlement with after note is disposed of in places that are more normal than Nigeria.

It’s almost as easy as ABC, i.e. reducing the lender’s bottom line, believe me.

If the total monthly payment after taxes and insurance are added comes to, say, $1200, write $600 checks every two weeks which adds up to 26 payments of $600 a year which totals to more than 12 payments of $1200.  Remember, JUST ABOUT ALL early payments go towards defraying the interest.  By the end of the first year on above scenario, you would have paid $1,200 EXTRA of the huge total interest and it would show in the capital at year’s end.  That “little” change should knock of not less than 4 years from your total payment if you take a 30-year mortgage and you do not  put tax returns or such extras into the loan .

Now, if you take it a step further and write another check EVERY two weeks to accompany your agreed monthly which you’ve split into two – could be $50.00 every two weeks or more, you would be in for a big surprise when you receive mail about your final payment.

Any little can and will help.  Lenders are no fairy godmothers!  Real estate loans are huge items and the rates add up to humongous amounts.  I forgot to mention that the extra $50, $100 or whatever amount MUST BE MARKED “For/Towards … Principal”

Yes, I once held a Maryland Real Estate license for a short while after checking back to the States in the 80s, and on arriving in Nevada, also studied for and obtained the state license but you do not need a license to go for it.

Real Estate calculators come with amortization schedules and must be pretty affordable these days; you key in your proposed or existing note that you want to refinance, key in the number of years you want to go through making payments and, with knowledge of what rate your lender will give, you can know how much monthly or fortnightly your payments would be.  It will also give you how much in total interest you would have paid.  That figure, believe me, is always scary enough to make you find beans delicious! (Americans believe eating beans is the pits; happens to be one of my favorite foods!)

MONDAY, JUNE 10, 2013. [3:59:54 p.m. [GMT]

A Lifestyle // Culture Blog

BBC host jumps into relatively safe pool with hidden barrier that allows him to swim to the edge of Victoria Falls without going over

June 07, 2013 by David Strege

Photo of Victoria Falls by Charles Haynes/Flickr

The host of a BBC special exploring the continent of Africa did what appeared to be something dangerous and reckless when checking out Victoria Falls. He jumped into a pool above the 328-foot waterfall and swam right up to its edge. Professor Iain Stewart declared, “The ultimate way of experiencing the falls involves getting your feet wet,” and then jumped in fully clothed. Watch his daring swim:

“This is the way to see Victoria Falls,” Stewart said. “Oh my God.”

What he jumped into was something called Devil’s Pool, located near the edge of the falls on Livingstone Island on the Zambian side of the Zambezi River. There, when the river flow is at a certain level, generally between September and December, a rock barrier forms at the edge of the waterfall and an eddy with minimal current is created.

At the edge of Devil’s Pool. Photo from Charles Haynes/Flickr.

The fact you can’t see the rock barrier makes it appear more terrifying than it is.

A U.K. travel writer, who jumped into the pool above the waterfall, once wrote about the experience: “The current takes hold immediately, carrying me towards the edge. But before I can be dragged to a watery grave, I’m stopped by a natural rock wall just beneath the surface. As well as saving my life it allows me to peer over the edge and down into a deafening explosion of rainbow-colored spray. A truly incredible sight.”

The view is remarkable, as you can see in the BBC “Rise of the Continents” video clip above. But it’s not totally risk-free. Reportedly, there have been occasional deaths when people have slipped over the rock barrier, so there is definitely a fear factor.

Just the photos look scary, photos that at first glance bring to mind Photoshop.

Photos of swimmers precariously perched at the edge of the waterfall looked so hazardous that fact-check organization Snopes even stepped up to give the photos and the story about the “radical tourist” industry at Devil’s Pool a “true” status.

The radical swim is definitely not for the faint of heart, or those with acrophobia.

Photo by Rob McDonald/Wikimedia Commons

Photos directly above and below by Sarah Depper/Flickr

MONDAY, JUNE 10, 2013. 7:12 p.m. [GMT]

Dr. Wahab Dosunmu, Alhaji Shehu Shagari’s Minister for Housing was a Town Planner by training who resume included teaching at tertiary level. As Shagari’s Minister, he instituted low-cost – and most would say, very low-quality – houses all over Nigeria, and would leave the country soon after his ministerial stint to live outside Nigeria.

He would later become one of the top people who struggled to have Late Abiola (MKO) reclaim his stolen mandate and was a NADECO leaders.  From MKO’s victory at the freest and fairest election in the history of Nigeria which Dosunmu supported, it was not surprising that he became an AD Senator after having lost to Asiwaju Tinubu the ticket for the governorship. Dr. Dosunmu was right in the “mainstream” of most in his native Southwestern Nigeria.

It would not be long, though. before he would migrate back to where most in the NPN would always feel at home, the ruling PDP.

May he rest in peace.

MONDAY, JUNE 10, 2013. 8:07 p.m. [GMT]

As reports of Nigeria’s economic doom spreads to other parts of the world where even those with confidence that Nigeria can, one way or the other pull things together continue to grow with wonderment at the incessant and reckless borrowings, Dr. Ngozi Iweala finally spoke of an ailing economy the same day she reportedly spoke in public that there was nothing to fear.

Even in Western circles, there are reports of bewilderment at the massive borrowings that have, and are still taking place under various levels of government at “federal” and state levels. 

One wonders why the Economy Czarina is finally acknowledging what has been obvious since her second stint at the Finance Ministry as head.  Rather than not appointing her, I think President Jonathan saw her World Bank/Donors imprimatur as a wand that can wish away whatever financial shenanigans go on at various levels of government as far as mismanagement of funds is concerned.  Now, it seems chickens that have long come to roost signals to our foreign expert to prepare to leave us in the wide open sea in a canoe with a paddle.  

Here are just four of DOZENS of essays that are related to this.  The first essay on the list below has attracted 351 readers – quite high by the standard in Nigeria – has this opening sentence: 

“With President Jonathan’s choice of Dr. Iweala, Nigeria has signified its choice of staying on the debt route.” June 22, 2011.

http://emotanafricana.com/2011/06/22/nigeria%E2%80%99s-new-ministerial-list-portends-a-future-that-is-nigeria%E2%80%99s-immediate-past/

http://emotanafricana.com/2011/12/20/why-nigerias-economy-under-jonathans-presidency-will-continue-to-flounder/

http://emotanafricana.com/2013/04/03/dr-iwealas-loan-seeking-continues-as-credit-pan-handling-grants-totaling-about-1-7-billion-top-ministerial-agenda/

[Just 4 paras of a total of 10 lines.]

http://emotanafricana.com/2011/06/16/abracadabra-nigerian-government-accounting/

TOLA ADENLE

Premium Times Exclusive:  Okonjo-Iweala opens up, says Nigerian economy in danger

Ogechi Ekeanyanwu,

Premium Times, June 14, 2013

On Monday, June 10, at the third round of the 2013 ministerial platform in Abuja, Coordinating Minister for the Economy and Minister of Finance, Ngozi Okonjo-Iweala, spoke glowingly about the Nigerian economy, saying the fundamentals were strong and that the economy was buoyant beyond danger.

But a few hours later, on Tuesday, when all the doors were closed, the minister sang a different tune. She told her colleagues in government point blank that the Nigerian economy is shaky despite the official fundamentals and that drastic steps are needed to save it from collapse.

Mrs Okonjo-Iweala spoke at the 50^th meeting of the 15-member Federal Government Economic Implementation Team held behind closed-doors at the presidential villa.

The implementation team is headed by the minister, and meets every week. It was established by President Goodluck Jonathan to oversee the effective implementation of decisions of the Economic Management Team chaired by the president.

Other members of the committee are the Ministers of Petroleum Resources, Power, Agriculture, Trade & Investment, Works and Health as well as the Ministers of State for Finance and Health, the Chief Economic Adviser to the President, the Special Adviser to the President (Monitoring & Evaluation), the Director-General of the Budget Office, the Director General of the Bureau of Public Enterprise and a Deputy Governor of the Central Bank of Nigeria.

At Tuesday’s meeting, a presidency source said, the minister painted a gloomy picture of the economy and hinted that there was an urgent need for “stringent budgetary measures” to arrest the downward slide.

Although the meeting was convened to review the government’s plan to create 3.5 million jobs in the agriculture sector and consider the report of a subcommittee on the automotive industry, Mrs. Okonjo-Iweala could not hold back on the disturbing prospect of the economy.

The minister explained that crude oil production now hovers around a disturbing 1.3 million barrels per day,  a figure far lower than that seen during the height of the protracted militancy in the Niger Delta.

The Nigeria National Petroleum Corporation, NNPC,  had on April 18 reported a drop in crude oil production in the first quarter of 2013, January to March, which cost Nigeria a loss of crude oil revenue to the tune of $1.23 billion (N190 billion). That loss is now set to continue and the country might not be able to meet its obligation to its customers.

Mrs Okonjo-Iweala also informed the meeting that crude oil theft had continued unabated and was at its highest level ever despite the best effort by government to stem the tide.

Nigeria is estimated to lose about $6 billion annually to crude theft and the development, the minister lamented, is now severely hurting the economy.

The administration has paid several billions of naira to former Niger Delta militants to guard oil installations and block oil theft. But if anything, the situation has worsened.

At the meeting, the minister also predicted a further dip in national revenue following the increase in shale gas production around the world, a situation she said would definitely have serious adverse effect on oil prices and sales.

Shale gas, according to Wikipedia, is natural gas found trapped within shale formations and has become an increasingly important source of natural gas in the United States and the rest of the world.

Shale gas now provide over  20 percent of U.S. natural gas need and that figure might rise to 46 percent by 2035, according to the U.S. government’s Energy Information Administration.

Mrs Okonjo-Iweala hinted that as more and more countries depend on shale gas, the demand for Nigeria’s oil and gas would drop, with a corresponding dramatic drop in revenue.

The minister also lamented that the situation with the economy was not helped by the lack of accountability at the Nigerian National Petroleum Corporation, NNPC, saying the corporation had refused to render returns for its share of crude oil for local refining.

She thereafter informed her colleagues that beginning with the 2014 budget, there would be stringent budgetary measures and a lot of belt tightening within the government, our sources say.

She did not provide details of what the drastic measures would be, said one of our sources.

Mrs. Okonjo-Iweala has never been this frank in the open about the economy and its gloomy prospects.

She has said on several occasions that the economy was buoyant and strong, with its outlook remaining great, despite the current global economic uncertainty.

On Monday, she spoke along that line, asking Nigerians to ignore critics who have continued to insist that despite government claims, the economy was not in good shape.

At an Ibadan  church service to mark the quarter century memorial of  a departed member, The Rt. Rev. T.O.B. Fajemirokun, Bishop of Ijesha North Diocese of the Anglican Communion gave a short beautiful address on the life of the departed  Mrs. Nihinlola Awofisayo and the family she left behind in 1988.  He praised the widower, Mr. Daniel Awofisayo, who became father and mother to the children – now all well-settled in various professions – through dark days and what must have been trying and tempting times.  The widower did not fall nor did he succumb to any temptations but stood resolute in his faith in the Almighty.

In what has now become a ritual in Nigeria whatever the occasion may be: weddings, funerals, etcetera, Bishop Fajemirokun’s address/sermon soon became a homily on life and living in Nigeria today.  He declared that the country has nothing resembling a government but one in which cacophonous voices, all claiming or acting as if in power:  “you hear Dokubo…” [the Delta militant] and many others but there’s no single authoritative voice representing majority of Nigerians.

Not too long ago, the retired Primate of Nigeria (Anglican Communion) caused a stir – rather, a deafening silence from majority of the congregation during a thanksgiving service to mark “democracy” day.  At such services where there are always willing pay-as-you-go men of Nigeria’s god, I don’t think the president was expecting the kind of prayers that Primate Jasper Akinola offered to the Almighty.  He had told the congregation that they should take those who have led Nigeria and her citizens to the problems they now face to the court of God’s justice – or words to that effect.  Anyway, it was a regular prayer format that demanded “Amen” at the end; Jonathan and his entourage that filled the State House’s chapel were very conspicuous in their silence for the requisite “Amen”!

Even as things go in Nigeria, it was a particularly trying times for the citizens in various facets of life: corruption as usual, etcetera.  Here is a paragraph from the Premium Times story:

“Other important cases which intersect corruption and that deserve attention, under the watch of Mr. President, are as follows: the UNDP African Human Development Report reveals that two thirds of Nigerians live in abject poverty; while the 2012 JAMB result tells us that only three students out of 1.5million students got more than 300 in the JAMB examination. These students include students in private schools.” 

For the rest of the story in which the ever-falling and embarrassing presidential spokesman, Reuben Abati referred to a presidential “Amen quota”, you may wish to check out the link below from a year ago this month:

http://emotanafricana.com/2012/06/03/reuben-abati-and-the-amen-quota-adeolu-ademoyo/

The pulpit at All Saints Church, Jericho, Ibadan though an unimposing structure as such come, became the latest – as of that particular time, by the way on June 12 which was another anniversary of the presidential election that was clearly won by M.K.O Abiola but was stolen via annulment of the people’s mandate and voice th – podium for condemning the slide towards infamy that Nigeria is undergoing.

This is a welcome change because in the not too-distant past, clerics of various denominations sort of gave blank checks/cheques to President Jonathan in what was apparently a he’s-of-us free pass after years of Moslems ruling over the country; former President Obasanjo also got that same free pass.  Now, everybody can see the country going under either being ruled by a Moslem or a Christian.  In Nigeria, mis-governance has no coloration and no religious affiliation.  Those at the top, it seems now clear to most – are united in inflicting the tyranny of the few on the majority; democracy here is a farce.

Bishop Fajemirokun wondered aloud how long the rudderless governance style could sustain Nigeria and asked the congregation to continue to hold on to hope.

The only Lesson at the Memorial Service was read by one of the Awofisayo children, Dr. Oluseye Awofisayo, representing his brother and two sisters.  It was a very heart-warming service that joyously remembered the departed Comfort Nihinlola Awofisayo who died at age fifty-six through beautiful Hymns and two solos:  Handel’s I know that my Redeemer Liveth by Soprano, Yemi Falase whose father just happened to be the church organist of many years, Professor Ayodele Falase, former Vice Chancellor of Ibadan University.  The other solo, a Bass, was the choirmaster – also of many years standing – Engineer Akin Morakinyo who also performed Handel’s That God is Great.

FRIDAY, JUNE 14, 2013. 2:30 p.m. [GMT]

One of the things that most black people know is that the public school system does a horrible job teaching black history. They will gladly tell you all the wonderful things that white people did and maybe even go back to Europe, but the contributions of African Americans are kept entirely on the backburner.

A fact that you should probably know is that African Americans are the reason that Memorial Day even exists in the first place.  According to Professor David Blight of Yale University, the event began on May 1, 1865.  A group of former slaves in Charleston, SC gave a proper burial to 257 Union soldiers who’d been put into a mass grave.

The black community of Charleston then consecrated the new cemetary with “an unforgettable parade of 10,000 people.” The event was initially called “Decoration Day” and was led by 3,000 black by school children who started off by singing the song “John Brown’s Body.”  They were then followed by hundreds of black women with baskets of flowers and crosses. After that, black men marched behind them in cadence, followed by Union infantry.

The Union soldiers lived in horrible conditions, and 257 of them died from exposure and disease.   This was the reason for the creation of the mass grave site.  A total of 28 black men went to the site and re-buried the men properly, largely as a thank you for helping fight for their freedom.

They also built a fence around the cemetary, and on the outside, put the words, “Martyrs of the Race Course.”
Dr. Boyce Watkins, who created an online course based on a forum held with Minister Louis Farrakhan last month, says that this is simply the tip of the iceberg.  He says that misinformation is one of the most storied weapons used to perpetuate the oppression of black people.

“Black people must, as part of our healing, go back and rewrite history to ensure that we learn the truth,” said Dr. Watkins. “You’ve been lied to for your entire life, so it is up to all of us to use the Internet as a critical resource in helping us to learn who we truly are.  We are great people and America would not be the country that it is today without our sacrifice.”

Now you know the rest of the story.  Go tell this one to everyone you know.

 

SATURDAY, JUNE 15, 2013. 4:10 p.m. [GMT]

On a discussion panel with some colleagues sometime last week, we came up with the dearth of Yoruba language and then, to proverbs and their English translations. A mention was made of “Igun’ and ‘Akalamagbo’ birds, and the search for their English names.  We drifted to Eagle and its Yoruba name. We were divided by ‘Awodi’ and ‘Idi’ nomenclatures, though, close enough (since we know that Yoruba language could shorten a name and still mean the same thing even with a slight difference in pronunciations). For example; Alapata (butcher) is same as Apata and Adekunle as Dekunle or Kunle.

‘Eye Awodi’: the Eagle, has kept me wondering since then.

The Nigerian Coat of Arms (our National bird) has an Eagle standing on top of the shield. We are made to believe that it represents ‘Strength’. The Eagle is present in the national emblems of both ancient Roman Empire and modern United States of American civilizations. Nigeria, aspiring to be ‘Giant of Africa’, probably adopts the Eagle too while our constitution was also modeled along America’s, a country that has ‘Liberty’ and ‘In God we Trust” as their motto, so also is Nigeria’s ‘Peace, Unity, Freedom’, changed in 1978 (we didn’t fight for any freedom they must have reasoned) to ‘Unity and Faith, Peace and Progress’.

‘Awodi jeun epe san’ra’ – Eagle merriments in curse!

Let’s examine this within the Yoruba idiom and its translation to Nigerian situation. Why must our symbol signify merriment in curse? Are we not doing many things imaginably insane? crude?, and wicked, yet, sentimentally, alluding all kinds of reasons why we should forge ahead in questionable “unity and faith”.  

How explainable is the ‘quota system’ that qualifies a candidate in Gombe with 58 points or Kebbi with 9 points while Lagos candidate should score 133 to gain admission into the same University system in a test of 200 questions? The helpless boys and girls from eastern fringe are worse affected under a supposed nation in search of “peace”!

Some students from supposedly educationally-backward states would later rapidly get promoted to ranks of director, permanent secretary and later federal minister or legislator based on ‘quota system’. They will make laws that shape destinies of millions! 

It is perhaps only in Nigeri that a head of a major federal institution, allegedly exposed as abusing his office and tax payers’ money to womanize and all he could offer by way of defense was that he did not have a hand in the employment of the woman and that in any case, they were both adults. Really? No shame in reveling in a curse? 

Ai le w’oju Awodi l’oje k’Aladie so o di Oosa – [Because of fear, Fowl owner turns Eagle to a deity!]

The likes of retired Generals Obasanjo and Babangida and other shameless leaders under whose watches Nigeria became a very corrupt country are still relevant because they have many Nigerians still worshiping them in the rottenness that has become Nigeria and Nigerians’ lot.  While Obasanjo and Babangida and others may be old school, there are younger ones in and out of power but who remain very much in control of vast resources and despite their being known for the same corrupt practices of the earlier leaders, are still venerated as demi-gods simply because of the crumbs we can get from them.

‘Awodi nfo ferere, o l’ohun fe m’Oluwa. Ibi ti yio fo de ko ye mi o, o fe s’eleya ni’ (Juju musician General-Prince Adekunle)– 

[The eagle soars relentlessly to high heavens expeditiously in reaching God's enclave, but shame shall its lot be!]

How over ambitious! ‘Giant of Africa” and “Big Brother” are some of the puffed-up labels we pride ourselves in during recent times. We strive to outdo each other as if we are permanently in a competition. At bus-stops, in Churches, at social gatherings, we want to be noticed and feel ‘Me and only me first syndrome’. That he has 3 (three) houses, I want to have 10 (ten) and even more that no one can beat. Nigeria gives neighbors grants and electricity when the home front is hungry for the same items, all just for pride and to look big!

While we may not realize it, these are the same sentiments that drive the corrupt government officials into so much excess that sees a local government chairman suddenly becoming a multi-millionaire soon after getting into office. 

‘Awodi nra baba, inu al’adie nbaje’ –  [As eagle hovers, owners of chickens grieve in nervousness.]

Nigerians are ridiculously becoming more perfumed as thieves and untrustworthy. It takes extra personal effort to shed the toga anywhere in the world because a’ genuine hard-working and honest Nigerian carries a big red letter ‘419’ and ‘Yahoo-Yahoo’ (an acronym for scams in Nigeria) which some unscrupulous Nigerians have earned for all Nigerians.  

We even cheat the name ‘Eagles” when we compete.  Just last week, a Nigerian soccer star (a twin) celebrated his 25th birthday in the U.K while the other had his 33rd in Nigeria!  How low are we going to fall before the country fights back, not by “rebranding” through expensive advertisements in foreign papers but through re-education of the masses and, most especially, through working hard at eradicating corruption. 

Our leaders are truly Awodis –Eagles, how? 

Emi ‘o le j’oye Awodi ki nma le gb’Adie.  [I can’t be conferred a chieftain, titled; Awodi, if I can’t steal a fowl!]

So, no wonder they are concerned only about what they can steal. 

A kii ko adie re apata loju awodi [No one exposes fowls on top of rocks in the sight of an Eagle.]

Where are we headed in Nigeria an NGO on voters’ registration awareness was frustrated because all they got as response from street and local voters was “how much are you going to pay so we can go to registration centers?”  The words in the street: “you better get what you can get anyhow from them before the election”.

That’s the level to which the masses have sunk who have come to equate the power of votes (fowl) and the Awodis! 

Awodi re ibara, won se bi eye ku – [The Eagle went home and his adversaries thought he was dead.]

With all the Eagle symbol that has good meaning and many advantages among which are success, power, triumph, royalty (imperialism) or social status, and omniscience, I think we are only displaying one out of many:  resilience which, in English may denote hardiness, never-say-die, etc. but in Nigeria denotes ‘suffering and smiling’.

Finally, if we ever have the chance to sit together for a true National Reform, it will make sense to take a long hard look at our name, symbol and motto:

Ile ni a nwo ki a to s’omo l’oruko; [family antecedents or values dictates the name of the child.]  

Let us look deep into Yoruba culture and we may come to a realization that some of these motto/name/symbol, etc., including the name of the capital city, Abuja which means “short cut” in Yoruba language – need to be reconsidered.

90 million people in Argentina, Benin Republic, Brazil, Cuba, France, Germany, Haiti, Jamaica, Nigeria and Trinidad and Tobago can’t be wrong, I think.

SATURDAY, JUNE 15, 2013.  5:09:41 p.m. [GMT]

This may be old news but it just landed in my mailbox, courtesy “The National Memo”.  TOLA.

Republican Rep Offers Fatherly Advice: ‘Some Girls Rape Easy’

Paul Ryan & Roger Rivard

Freshman Rep. Roger Rivard (R-WI) has broken the one rule Republicans have been trying to stick to since Rep. Todd Akin humiliated the entire party by saying that victims of “legitimate rape” cannot get pregnant: Don’t say “rape.”

In the aftermath of Akin’s comments, Republicans including Mitt Romney unsuccessfully tried to get Akin to drop out of the race. Now the GOP has a new problem.

When disussing his father’s advice to not have premarital sex, Rivard told the Milwaukee Journal Sentinel that “some girls, they rape so easy,” twice:

“He also told me one thing, ‘If you do (have premarital sex), just remember, consensual sex can turn into rape in an awful hurry,’” Rivard said. “Because all of a sudden a young lady gets pregnant and the parents are madder than a wet hen and she’s not going to say, ‘Oh, yeah, I was part of the program.’ All that she has to say or the parents have to say is it was rape because she’s underage. And he just said, ‘Remember, Roger, if you go down that road, some girls,’ he said, ‘they rape so easy.’

“What the whole genesis of it was, it was advice to me, telling me, ‘If you’re going to go down that road, you may have consensual sex that night and then the next morning it may be rape.’ So the way he said it was, ‘Just remember, Roger, some girls, they rape so easy. It may be rape the next morning.’”

Rivard realized that he’d messed up, badly, and issued a statement clarifying his comments within hours.

Rivard’s comments point to a consistent faction of the Republican Party—including his ally Paul Ryan—that believes rape has not been defined clearly enough and is thus often exploited by women who want to claim to be raped. This offensive leap in logic is required to justify a stand that abortion should not ever be legal—even in cases of rape.

Photo credit: Roger Rivard campaign

SUNDAY, JUNE 16, 2013.  3:50:03 [GMT]

Service AND GOOD DEVELOPMENT PERFORMANCE by Ladipo Adamolekun

Paper delivered at a Public Service Forum organised by Oyo State Civil Service.  Friday, June 14^th 2013.

PROLOGUE

By the end of the 1950s, a first-class civil service had its headquarters in this sprawling city, Ibadan.  It was the Western Nigeria Civil Service (WNCS).  The following is the testimony provided by the out-going regional Premier, Chief Obafemi Awolowo, in his valedictory address to the Western Nigeria House of Assembly in November 1959:

Our civil service is exceedingly efficient, absolutely incorruptible in its upper stratum, and utterly devoted and unstinting in the discharge of its many onerous duties. For our civil servants, government workers and labourers to bear, uncomplainingly and without breaking down, the heavy and multifarious burdens with which we have in the interest of the public saddled them, is an epic of loyalty and devotion, of physical and mental endurance, and of a sense of mission, on their part. From the bottom of my heart I salute all of them.

Awo. Autobiography of Chief Obafemi Awolowo (1960), p. 293

This is an unusual praise by a political head of government for a civil service institution.  In my fairly extensive study of civil service systems world-wide, the success story of the WNCS of the late 1950s compares favourably with the high performance recorded by civil service institutions at specific historical periods in some countries across the continents.  I would cite as examples Botswana in Africa, Japan and Singapore in Asia, and Britain and France in Europe.

Botswana’s civil service has been acknowledged by both its political leaders and outside observers as one of the key factors that made it possible for the country to emerge as one of only thirteen (13) countries world-wide that recorded sustained high growth (7 per cent and above) for 25 years or longer during the second half of the 20^th Century (Commission on Growth and Development, 2008). In Asia, Japan’s post-war civil service with widely-acknowledged honest and competent upper professional levels is reputed to have played a critical role in the country’s post-war economic miracle. In the case of Singapore, Lee Kuan Yew, a former prime minister, highlights the contribution of the civil service in the country’s rise “From Third to First World”. And in 2008, the country’s incumbent Prime Minister, Mr Lee Hsien Loong, asserted that Singapore’s civil service has remained critical to the country’s good development performance: “[Singapore’s Public Service] is our most sustainable competitive advantage. The investments in Singapore’s future are only realisable with a first-class public service” (bold and italics added).

The loyalty and excellence of Britain’s permanent (career) civil service was advertised to the world when Clement Atlee, Labour Party prime minister who succeeded Conservative Party war-time leader, Winston Churchill, arrived at the post-war negotiations with the same senior civil servants who had attended war-time consultations with Churchill. It was also a demonstration of continuity in governance that a permanent career civil service made possible. Regarding France, the impressive recovery of the country from the devastations of the Second World War within a decade (between 1946 and the mid-1950s) is widely attributed to the country’s civil service with a critical mass of technocrats (technical and administrative professionals) in its upper echelons.

And the following are some illustrations of the good development performance achieved in Western Nigeria by 1959 when the civil service was praised highly for its contributions: giant strides in the fields of agriculture, education, health, housing, transportation, industrial development and communication. Almost everyone in this audience would be familiar with, or would have learned about, these achievements. A significant number in the audience, including the author, benefitted from the most notable of the achievements: the introduction and successful implementation of the “First in Africa” Universal Primary Education (UPE), launched in January 1955.

The outstanding achievements that a first-class civil service made possible, in varying ways, in each of the cases cited as examples above, are encapsulated in the reference in the title of this paper to “good development performance”[1]. The first part of this paper is focused on five key issues in the literature on civil service systems that the success stories highlighted above got right, in varying degrees: (i) career (permanent) civil service; (ii) politics-administration interface; (iii) civil servants and service delivery; (iv) education and training programmes for civil servants; and (v) ethical standards in public life (see, for example, J. Raadschelders et al. 2007) The discussion includes references to contemporary “good practices” in civil service administration in a wider range of countries across the continents.  In the second part of the paper, I address two matters arising in respect of Oyo State’s on-going “civil service transformation”:[2] (a) developing a civil service transformation strategy and (b) tackling the challenge of implementation. Some concluding observations constitute the third and final part of the paper.

PART I

FIVE KEY ISSUES IN THE LITERATURE ON CIVIL SERVICE SYSTEMS

1.         CAREER (PERMANENT) CIVIL SERVICE

The origin of the career civil service in Britain is commonly traced to the 1854 Northcote-Trevelyan Report that contains the following:

It may safely be asserted that, as matters now stand, the Government of the country could not be carried on without the aid of an efficient body of permanent officers, occupying a position duly subordinate to the Crown and to Parliament, yet possessing sufficient independence, character, ability, and experience to be able to advise, assist and, to some extent, influence, those who are from time to time set over them.

The German sociologist, Max Weber, born about a decade after the Northcote-Trevelyan Report, later elaborated on the essential features of a career bureaucracy in his influential writings on the subject.  A summary of the main features of a career civil service is provided in Table 1.

TABLE 1

Salient Features of a Career Civil Service

Source: Author.

In all the cases highlighted in the Prologue to this paper, the adoption and maintenance of a career civil service was critical to the achievements recorded by the civil service in each country.  Significantly, in its World Development Report 1997: The State in a Changing World, the World Bank identified merit-based recruitment and political neutrality as the two crucial features of public services in countries with the capability to perform what it calls the “five fundamental tasks of the modern State”: establishing a foundation of law; maintaining a non-distortionary policy environment including macroeconomic stability; investing in basic social services and infrastructure; protecting the vulnerable; and protecting the environment. I would interpret these “fundamental tasks” as evidence of “good development performance” as defined in this paper.

By 1965, the civil services at the federal and regional levels in Nigeria also exhibited, to a significant extent, the salient features of a career civil service highlighted above and they contributed to the achievement of fairly decent development performance recorded at both the federal and regional levels. The following observation was made in 1965 in an editorial of the Nigerian Opinion, a public affairs magazine published by a group of intellectuals in the University of Ibadan in the 1960s:“… [Nigeria has] civil services that are for the most part recruited on merit, that are geared to efficiency standards, and that are largely untouched by crude politics” (italics and bold added).

Regarding the results recorded, I’ve summarised them elsewhere as follows:

From the advent of the first Nigerian-led governments in the early 1950s to the mid-1960s, the public enjoyed, in varying degrees, quality public services.  Examples included, among others, roads that were regularly maintained by functioning public works departments (PWDs) with a network of maintenance posts, train service that was predictable, quality primary and secondary/technical education, and a premier university (at Ibadan) that was among the best in Africa and was widely regarded at home and abroad as world-class.  Furthermore, stable government policies, a framework of order, and serious attention to implementation resulted in broad-gauged satisfactory development performance that ensured the vast majority of the population lived above poverty level; those below were estimated at about 25 per cent in the mid-1960s.  (Adamolekun, 2011: 43)

The purges of the civil services under the military (1975 and 1984) amounted to an abandonment of security of tenure while politicisation under successive military and civilian administrations marked the end of political neutrality. And the primacy of merit-based recruitment and promotion has been replaced by the primacy of “Federal Character” principle, interpreted in practice as a crude, opaque, and sometimes blatantly unfair, quota system. I would argue that there is a strong linkage between the country’s poor development performance today (poverty level at between 60 and 70 per cent) and civil services that have been weakened by the abandonment of the salient features of a career civil service system. 

2.         POLITICS-ADMINISTRATION INTERFACE

Evidence that one can really talk of smooth and cooperative partnership between politics and administration in Western Nigeria between 1954 and 1959 is provided by the reciprocal admiration of chief Adebo, head of the civil service, for the politicians with whom they worked:

When I served under Chief Awolowo in the West, he used to say that I should tell my colleagues that he could deal with the politics of the issues. What he wanted were detailed analysis of their implications. With the facts at his disposal, he felt that he would be in a better position to decide on what to do. This sums up my own view too about the relationship that should exist between ministers and civil servants (Adebo, 1979).

In his autobiography, Our unforgettable years (1983), Chief Adebo, shed further light on the relationship between politicians and civil servants in Western Nigeria as follows:

…the Minister was the boss, he had the last word on policy decisions and the most perfect relations between him and his Permanent Secretary could not alter that fact… while a Minister could always overrule or otherwise reject the advice of his Permanent Secretary, the Secretary had always to ensure that the transaction was on record.

There is a striking similarity between Adebo’s viewpoint and what Clement Atlee (British prime minister, 1945-1951) said on the subject in 1956:

The relationship between the Minister and the civil servants should be – and usually is – that of colleagues working together in a team, cooperative partners seeking to advance the public interest and the efficiency of the Department… The partnership should be alive and virile, rival ideas and opinions should be fairly considered, and the relationship of all should be of mutual respect – on the understanding, of course, that the Minister’s decision is final and must be loyally and helpfully carried out, and that he requires efficient and energetic service.

In asserting the Minister’s primacy in policy/decision-making, they are also both affirming the doctrine of public accountability that is explicated in Diagram 1 below. A framework for understanding the respective roles of politicians and civil servants in policy-making is provided in Diagram 2.

DIAGRAM 1

Classical Triad of Public Accountability

Source: Author.

The main points in Diagram 2 are in the form of three postulates: (a) politicians dominate the issues which have a high content of political judgment and a low content of technical expertise (e.g. policy on future development of society or a national policy on decentralization);  (b) administrators dominate the issues with a high content of technical expertise and a low content of political judgment (e.g. science and technology policy);  and (c) in regard to issues with both a high content of political judgment and technical expertise, politicians and administrators take decisions by cooperative effort, as partners in a joint enterprise (e.g. the budget process).  Each postulate is represented in the Diagram.

DIAGRAM 2:

The Respective Roles of Politicians and Administrators in Policy Formulation.

Source: Author.

In many modern States the political executives at the head of high-level governmental administration are supported by loyal and committed political appointees who are expected to increase their capability to effectively perform their lead role in policy-making. This category of public officials constitute a distinct group within the leadership of governmental administration: they are known variously as special advisers in the United Kingdom, political administrators in Germany, political appointees in the USA and members of ministerial cabinets in France.  They are usually persons with decent levels of techno-professional competence relevant to their positions and are responsible for policy advocacy.  They are not bound by the norms of anonymity and political neutrality that bind the career bureaucrats: they are able to speak out in public in defence of policies being pursued by the political leadership.  This enhances open and accountable government: those responsible for government policies can be identified and named for praise or blame. 

In Nigeria, special advisers were first introduced in the 1979 Constitution and maintained in the 1999 Constitution.  Since 1999, their “tribe” has increased hugely in numbers but the advantages of serving as sources of “policy advocacy” and enhancing accountable government have not been realized. Special advisers/assistants that contribute to policy making are a rarity.  And because the emphasis on choice of advisers/assistants is largely based on patronage, many of them are incapable of helping to enhance openness and accountability. 

To promote harmonious relationship between political executives and other political appointees (special advisers et al) on the one hand and higher civil servants on the other, periodic retreats are organized at both the federal and State levels. The objective of the retreats is to familiarise the two groups with the multifarious dimensions of their joined up relationships in the conduct of government business. However, the retreats appear to have had limited positive impact as mutual distrust persists with varying degrees of intensity at both levels of government (see Adamolekun, 2013). Some degree of harmonious relationship probably exists in a handful of states (for example, Lagos State).

3.         CIVIL SERVANTS AND SERVICE DELIVERY

The primary purpose of government in the modern State is the delivery of goods and services to the public (see Diagram 1). Normally, a government that is acknowledged as recording good development performance over specific time spans must have fulfilled this purpose.  Because the primary instrument of governments for service delivery is the civil service, we highlighted as first-class civil services those that made outstanding/exceptional development performances possible in some countries in the Prologue to this paper. 

In the “classical triad of public accountability” in Diagram 1, government’s obligation to deliver services to the public is clearly indicated as the responsibility of civil servants.  Crucially, it is the extent of public satisfaction with the services delivered that determines whether or not the mandate to govern is renewed for an incumbent government. Of course, this thesis assumes that political power is won through competitive periodic elections that are free, fair, transparent, and credible. 

It is important to stress that some aspects of three of the other selected features of civil service systems contribute to the capability of civil servants to deliver services efficiently and effectively:

·         In Table 1, merit-based recruitment and promotion, security of tenure, and fixed decent salary are linked to quality service delivery

·         It is through relevant education and training programmes that civil servants are equipped for ensuring effective and efficient service delivery.

·         The point highlighted in the “classical triad of public accountability” about fair and impartial delivery of services is best assured when high ethical standards are enforced in the civil service.

Performance contracts and citizens’/ service charters: In recent decades, two of the tools and techniques featured in public administration literature for enhancing and sustaining good performance in service delivery are (i) performance contracting and (ii) citizens’/ service charters. New Zealand took the lead among members of the Organisation for Economic Co-operation and Development (OECD) in embracing performance contracting in the 1980s and by the 2000s, a majority of OECD countries were implementing one kind of performance contracting or another.  Normally, performance contracting for civil servants is within the context of a comprehensive civil service administration reform programme that seeks to enhance the performance of civil servants through a combination of incentives for good performance (achievements of targets linked to government programmes and projects) and sanctions for unsatisfactory performance.  However, for performance contracts to yield the desired results, there is need to pay attention to the following critical problems highlighted in assessments of its use in public sector organisations world-wide: inadequate transparency in the contracting process; ineffective monitoring and evaluation of the contracted staff (fear of manipulation); and weak enforcement of contracts (notably in respect of sanctions for unsatisfactory performance). Furthermore, the learning curve for effective implementation of contracts (that is, internalization of contracting culture) is a process that could take several years.

On the initiative of the Federal Civil Service Commission, State civil service commissions were introduced to performance contracting in 2011. It was eventually rolled out in May 2013 at the federal level.  However, because there is no linkage of performance contracting to an on-going civil service administration reform it is unlikely to make a difference to the prevailing weak implementation capacity of the federal civil service.[3]  Some elements of performance contracting are being implemented in Lagos State through the establishment of targets for MDAs that are monitored and evaluated on a regular basis; but there is no formal commitment to performance contracting.

Regarding Citizens’/Service Charters, Britain was the lead exponent from the early 1990s before many OECD members later adopted and adapted it.  When citizens’/service charters were launched in Britain, they were linked to a key aspect of the country’s civil service administration reform: the establishment of executive agencies that operate at arms’ length from MDAs to ensure that they enjoyed autonomy whilst being accountable for agreed results.  In 2004/2005, Nigeria’s “SERVICOM” (“Service compact with all Nigerians”) was introduced, inspired by Britain’s Citizens’ charters, and was run as a British Government technical assistance programme under the Department for International Development (DFID) for a few years.  Again, because it lacks linkage to an on-going civil service administration reform it has failed to make any appreciable effect on service delivery.  Some States have adopted SERVICOM but I am not aware of a SERVICOM programme that is impacting positively on service delivery in the country.   

4.         EDUCATION AND TRAINING PROGRAMMES FOR CIVIL SERVANTS

France is the pre-eminent example of a country whose civil service has contributed to the achievement of good development performance largely because of a solid education and training programme for civil servants. The Ecole nationale d’administration (ENA) – National School of Administration – is the best known among the grandes ecoles that produce the widely-acclaimed administrative and technical professionals for the French civil service.  The ENA that several countries across the continents have tried to copy combines merit-based recruitment (of its students) with merit-based posting at the end of a 30-month-long education and training programme: admission to the ENA is through open, competitive examinations and students select the cadre (corps) of the civil service of their choice in the order of their performance at the end of their ENA programme.  The predictable result is the emergence of some elite cadres/corps that champion high performance in the French civil service. 

In Britain, civil servants that possess the level of “ability” for good performance as defined in the 1854 Northcote-Trevelyan Report were presumed to be the graduates of Oxford and Cambridge universities that dominated the service until after the Fulton Commission of the mid-1960s recommended post-graduation professional training for both administrative and technical positions in the service.  Evidence of movement in the direction of the French model in Britain and four other “older” Commonwealth countries is summarised in Box 1 below.

Box 1: Good International Practices in Capacity Development

Nigeria, like other African countries, paid attention to the provision of education and training

programmes for civil servants from the immediate pre-independence years through the first

decades of independence to the present with the regional governments far ahead of the federal government: the Institutes of Administration at Zaria and Ife enjoyed high reputation both within and outside the country. Following the Udoji Report of the 1970s, attention to education and training programmes for civil servants was demonstrated at the federal level through the establishment of the Administrative Staff College of Nigeria (ASCON) that is currently being rehabilitated after several years of neglect.  The federal government has also established the Public Service Institute of Nigeria (PSIN) modelled on the institutions of the older Commonwealth countries highlighted in Box 1. However, the PSIN lacks a legal framework, a chief executive officer (CEO) and a core directing staff.  Several States are establishing or strengthening Staff Development Centres/Institutes/Colleges for building the capacity of their bureaucrats (for example, Lagos, Jigawa, Kwara, Ondo and Ekiti States).  These efforts, too, need to be scaled up and sustained. Universities (public and private) could partner with the governments in their respective zones in enhancing the quality of their capacity development programmes.

5.         ETHICAL STANDARDS IN PUBLIC LIFE

Civil servants and politicians “form the managing personnel of the vast enterprise of getting rich through participation in authority”.

-       Zulfikar Bhutto, former Prime Minister of Pakistan, cited in The Economist, Aug.22^nd 1998, p. 30.

“If a person in Singapore cannot account legally for the wealth he has amassed, there is a presumption of corruption that he must disprove.” 

-       Lee Kuan Yew, Former Prime Minister of Singapore, cited in the Los Angeles Times, August 1999

In Chief Awolowo’s praise for the Western Nigeria Civil Service cited in the Prologue, he pointedly asserted that it was “absolutely incorruptible in its upper stratum”. And with an incorruptible upper stratum, it is logical to expect that high ethical standards would be enforced throughout the service.  Taking corruption as a proxy for measuring ethical standards, the civil services highlighted in the Prologue are in countries characterised by low level corruption, according to Transparency International’s Corruption Perception Index (CPI) produced annually since 1996.  Thus, for example, Botswana in Africa and Singapore in Asia have consistently featured among countries with high CPI scores, that is, with low levels of corruption. The contrast with Nigeria, characterised by high level corruption, is reflected in Appendix 1. 

The two quotes provided above shed light on how Singapore seeks to ensure high ethical standards among its public officials on the one hand and the lack of ethical standards among politicians and civil servants in Pakistan on the other.  Not surprisingly, Pakistan features among countries with low CPI and high level corruption.  A recent development in France (also cited as an example in the Prologue) sheds light on some of the dimensions to the challenge of ensuring high ethical standards in public life: (i) media exposé of unethical behaviour of a couple of ministers; (ii) president’s decision to enforce high ethical standards through public declaration of his own assets while simultaneously mandating all ministers to do the same within a two-week timeframe and (iii) a minister with a serious unethical behaviour resigned from government and quitted public life!

Nigeria’s 1999 Constitution contains provisions that seek to promote high ethical standards in public life: both elected and appointed public officials are expected to observe the constitutional provisions on anti-corruption (see Appendix 2) and comply with the Constitution’s “Fifth Schedule” on “Code of Conduct for Public Officers” that spells out behavioural norms that would help ensure high ethical standards.

The example of incumbent President Goodluck Jonathan suggests that enforcement of high ethical standards in public life is not taken seriously at the federal level. The president does not believe in public declaration of assets, one of the key instruments for fighting corruption and enforcing high ethical standard in public life: “I don’t give a damn about it if you want to criticise me from here to heaven. Channels Television can talk about that from morning till night, all the papers can write about it. It’s a matter of principle [that is, decision not to publicly declare his assets]) – President Jonathan, June 24, 2012 during media chat in Aso Rock. And the Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) recently summed up the prevailing situation accurately as follows: “No political will to fight corruption” in Daily Trust, February 14^th 2013. No wonder, the unending reports of mind-boggling looting by officials in federal ministries, departments and agencies.

However, the Governors in a few States (for example, Ekiti and Oyo) have publicly declared their assets and have made the enforcement of high ethical standards in public life a matter of State policy.  These States stand a good chance of having civil services that can contribute to the achievement of good development performance.

PART II

OYO STATE’S ON-GOING CIVIL SERVICE TRANSFORMATION: TWO MATTERS ARISING – DEVELOPING A STRATEGY AND IMPLEMENTATION CHALLENGE

Before the inception of the present administration in the State, all sectors of the economy of the State were in [a] shambles and comatose.  Social decadence, infrastructural decay, insecurity of lives and properties [sic], ageing and archaic Civil Service, to mention but few characterized the State… His Excellency, therefore, resolved to restore, reposition and transform the State to regain its lost pace-setting status (italics and bold added).

                        – Aremu (2013)

6.         Developing a Civil Service Transformation Strategy

It would be logical to develop the conceptual framework of the civil service transformation strategy around the incumbent Administration’s focus on restoring, repositioning, and transforming the State (see quote above). I would like to suggest that the terms of reference for the preparation of the strategy should include a final phase of the transformed civil service: to become a first-class (or world-class) civil service.  Consistent with the vocabulary used in the Prologue, I would recommend the adoption of first-class. I would further suggest a combination of restoring and repositioning activities as Phase One while transformation activities would constitute Phase Two.  Thus, the State’s Civil Service Transformation Strategy will have three phases:

Phase One: Restoring and Repositioning

Phase Two: Transformation

Phase Three: First-Class Civil Service

(See Appendix 3)

If the proposed three-phase strategy is adopted, what the Head of Service has categorized as “Key transformation Achievements” in his “Overview of the State Civil Service under the [State’s] Transformation Agenda…” (Aremu, 2013) would fall under Phase One.  Civil service reform interventions that would tackle the “Challenges Confronting the State Civil Service” as well as those that would flow from the “Strategies to Overcome the Challenges” as listed by him would fall partly under Phase One and partly under Phase Two.  (See, Appendix 4). However, some of the interventions he listed would need to be reformulated with a few additional interventions.  For example, “Restoration and upgrading of internet connectivity”, “E-payment system” and “improved level of ICT literacy” would have to be folded under the broader objective of instituting “an e-governance system” recently announced by the Governor (see The Nation on Sunday, May 26^th 2013). 

Concretely, this would require a focus on how best Oyo State can harness the possibilities of Information, Communication Technology (ICT) for achieving the objective of progressively replacing traditional governance with electronic governance (that is, converting paper processes into electronic processes). Of course, “improved level of ICT literacy” would need to be fully explicated to require all staff on Grade Level 7 and above to master the basic ICT tools: Microsoft Office (word processing, power-point and excel) and use of the Internet (for emails and learning).  This could also involve provision of relevant equipment for officials as appropriate. And it is worth stressing that to harness the full potential of ICT OYSG will need to rapidly upgrade its ICT infrastructure (bandwidth, intranet, internet, and internet equipment).

It is reasonable to expect that the five key issues in civil service administration discussed in Part I of this paper – (i) career (permanent) civil service; (ii) politics-administration interface; (iii) civil servants and service delivery; (iv) education and training programmes for civil servants; and (v) ethical standards in public life – will be covered, in varying degrees, in the proposed strategy. Significantly, several of the interventions highlighted in the HoS’s “Overview…” as “challenges”, “strategies” and “accomplishments” would also need to be addressed in the strategy either in the context of the five key issues discussed in Part I or as new issues to be addressed. 

Formal crafting of the strategy could be accomplished within a few months.  A good international practice that I would like to recommend to the Governor is to entrust the task to a mixed team of civil servants and outside experts.  The involvement of civil servants is crucial because they are at the same time the subject and object of the transformation.   But it is also true that civil service transformation is too important to be left to civil servants alone – if it is left to them, it simply will never happen because the civil service is fundamentally a status quo institution. Finally, it is essential that when the strategy would have been completed (including evidence of incorporation of inputs obtained from stakeholders within the State through a consultative process), it should be formally considered and adopted by the State’s Executive Council.  The relevant Committee in the House of Assembly would also need to be informed about the strategy to ensure that issues that would require the legislature’s attention during implementation would not be unduly delayed.

7.         Tackling the Challenge of Implementation

Three important challenges faced by governments that have seriously embarked on implementing civil service transformation strategies are: (a) coordinating the implementation process; (b) financing the cost of the specific interventions to be implemented; and (c) effective communication of transformation activities to civil servants as well as to the general public. 

(a) Coordination of the implementation process

The majority of successful civil service transformation strategies are championed by the head of government or a senior member of government designated by him/her.  It is crucial to have a designated champion at the apex of government.  Then, the different clusters of reform interventions (most often referred to as components) also have champions who join the lead champion to constitute the leadership of the transformation implementation Unit. It should be run by a small number of officials who could be joined by outside experts to assist in ensuring effective implementation of the transformation strategy. The lesson of good practice in successful implementation of civil (public) service transformation strategies is that the implementation Unit should be located in the Office of the head of government (the Governor in the case of Oyo State) with the head reporting directly to the Governor.  The work of the implementation Unit should include the conduct/sponsorship of applied research on civil service administration with particular attention to good practices within Nigeria, Africa, and elsewhere that could be examined for adaptation and adoption in the State.  The Unit should also bear overall responsibility for monitoring, evaluation and reporting of activities carried out under the strategy.

(b)       Financing the cost of implementation

This is relatively straightforward as it requires budgetary provision of funds that would cover the estimated costs of the various interventions adopted in the strategy.  The key issues here are the comprehensiveness and realism of the budget and the appropriation and prompt release of the funds.  Because public financial management reform is a component of most civil service transformation strategies, the permanent secretary of the Ministry of Finance is a member of the leadership of the implementation Unit.  This most often helps ensure adequate funding of civil service transformation interventions. The State can also seek to obtain assistance from development partners that might have provision for supporting some interventions in specific components of the strategy (for example, education and training programme for civil servants).

(c)        Effective communication of transformation activities

Regarding the communication of civil service transformation activities, one common widely-used tool is information, education and communication (IEC). The objective of the IEC would be to ensure that the right and timely information about the strategy is communicated to relevant stakeholders, especially concerned civil servants, on a continuous basis.  Primary responsibility will belong to the State’s Ministry of Information working in close collaboration with a communication expert possessing relevant experience located in the Implementation Unit recommended above. A significant proportion of IEC packages to be disseminated will be derived from monitoring and evaluation results, that is, after the initial phase of communicating the objectives and various activities to be implemented under the strategy to the relevant stakeholders.  It would make sense to explore the use of Yoruba in communicating carefully selected aspects of the strategy both at the initial stage and continuously during implementation.

PART III

FOUR CONCLUDING OBSERVATIONS

The following concluding observations focus on three of the five key issues examined in Part I – career civil service, education and training programmes for civil servants and ethical standards in public life – and developing a civil service transformation strategy highlighted in Part II.

(i)         Career civil service

In Part I, I asserted that there is a strong linkage between Nigeria’s poor development performance today and civil services that have been weakened by the abandonment of the salient features of a career civil service system.  The actions that need to be taken to restore a functioning career civil service are clearly stated in the paper.  Regarding “politicisation of the civil service” that the HoS has flagged as a challenge in Oyo State, I would strongly recommend the provision of guidelines on civil servants and political activities.  They could be issued as an Executive Order to all civil servants and extended to the entire public service, as appropriate.

(ii)        Education and training programmes for civil servants

The fact that six of the fifteen “key transformation accomplishments” in the civil service under the State’s Transformation Agenda (see Appendix 4) fall under the rubric of education and training programmes for civil servants (across different grade levels) is evidence of government commitment to this dimension to achieving a well-performing civil service.  I would only add that the State needs an institutional infrastructure that would be tasked with expanding and sustaining appropriate education and training programmes.  A Public Management Programme could be established within the Department of Management Sciences in the State’s Technical University to anchor this function.  And it is important to mention the need for adequate provision of funding for education and training of civil servants in the government’s annual budgets. 

(iii)       Ethical standards in public life

By publicly declaring his assets at the inception of his Administration, the Governor showed his readiness to lead by example regarding the enforcement of high ethical standards in public life.  I would like to suggest that at the beginning of a second term, he might wish to consider demanding that all his commissioners and advisers in the cabinet publicly declare their assets before they assume duty.  With the Governor and his team of political executives showing the way, civil servants are unlikely to dare engage in corrupt practices. The State might also wish to consider taking the lead in codifying and enforcing a code of ethics for civil servants.  The existing omnibus Code of Conduct for public officials provided in the Fifth Schedule of the 1999 Constitute has, to all intents and purposes, proved ineffective.

(iv)       Developing a civil service transformation strategy

The case for moving rapidly to entrust the task of developing a civil service transformation strategy is fully articulated in Part II.  The main elements of a strategy have already emerged in the interventions focused on the civil service within the government’s on-going Transformation Agenda.  The next step is for the Governor to appoint the team to undertake the task.  It would make sense to conclude the preparation of the strategy within a few months to ensure that a strategic framework is provided to inform and re-orientate the on-going civil service improvement measures under the State’s Transformation Agenda before the end of the year.

LAST WORD

My last word is a return to the opening sentence of this paper: “By the end of the 1950s a first-class civil service had its headquarters in this sprawling city, Ibadan”. There were two architects of the Western Nigeria Civil Service “success story”: Chief Obafemi Awolowo at the head of the political leadership team and Chief Simeon Adebo at the head of the administrative leadership team. In 1979/80, as the Dean of the Faculty of Administration at Ife, I visited Chief Adebo twice in Abeokuta to discuss with him the desirability of establishing an endowed chair to be named after him at Ife – the Simeon Adebo Chair of Public Administration.  That would have been the first endowed chair at Ife.  He welcomed the idea but told me that he did not have the means to fund the endowment. However, he observed encouragingly that if the University were to seek to mobilise funds, his well-wishers in both the public and private sectors were likely to provide enough funds to finance the endowment.  Unfortunately, the incumbent leadership at Ife at the time did not share my vision and I abandoned the idea.  I would like to seize the opportunity of this Public Service Forum Lecture to revive the idea by proposing the establishment of a Simeon Adebo Chair of Public Management in the Department of Management Sciences of Oyo State Technical University, Ibadan.  It would be fitting to have the endowed chair in a university here in Ibadan, the headquarters of Africa’s first first-class civil service.  With the permission of the Governor, I would like to suggest that we begin the fund-raising for the endowment here and now.  I commit to contribute the modest sum of one hundred thousand naira (N100, 000=) towards the endowment of the Simeon Adebo Chair of Public Management in the Department of Management Sciences, Oyo State Technical University, Ibadan.

I thank you all for your attention

REFERENCES

Adamolekun, L. 2008. The governors and the governed. Towards improved accountability for achieving good development performance. Ibadan: Spectrum Books (NNMA Award Winners’ Lecture).

__________. 2011. “Rethinking Public Service in Nigeria” in L. Adamolekun (ed.). Ideas for Development. Proceedings of Iju Public Affairs Forum Series, 2006-2009. Ibadan: Caligata Publishing Company Ltd, 42-57

Adamolekun, L. (ed.). 2013. Higher Civil Servants and their Political Masters. Ibadan: Caligata Publishing Company Limited.

Adebo, S. 1979. “Personal Profile”, Quarterly Journal of Administration, Ife, XIII, 3&4, 195-199.

__________. 1983. Our unforgettable Years. Ibadan: Macmillan Nigeria.

Aremu, T. O. “An Overview of Oyo State Civil Service Under the Transformation Agenda of Senator Abiola Ajimobi, the Executive Governor of Oyo State” . A Paper presented at the South-West Peer Governance Share Fair Held on 15^th-16^th May, 2013 in Lagos.  (Alhaji Aremu is the Head of Civil Service, Oyo State).

Awolowo, O. 1960. Awo. The Autobiography of Chief Obafemi Awolowo. Cambridge: University Press.

Commission on Growth and Development.  2008.  The Growth Report. Strategies for sustained growth and inclusive development.  Washington, DC: The World Bank.

“National Strategy for Public Service Reform”. Prepared for the Federal Republic of Nigeria by DFID-funded Federal Public Service Reform Programme (FPSRP). Abuja: January 2009.

Raadschelders, J., F. van de Meer and T. Toonen (eds.). 2007. The civil service in the 21^st century. Comparative perspectives.  Houndmills, Basingstoke: Palgrave Macmillan.

World Bank. 1997. World Development Report 1997: The State in a Changing World. New York: Oxford University Press.

APPENDIX 1

NIGERIA’S CORRUPTION PERCEPTION INDEX (CPI) SCORES, 1996 – 2012

Source: Transparency International Website: accessed May 31^st 2013.

Explanatory Note: The total score is 10. Countries that have consistently scored above 8.0 include Denmark, Finland, New Zealand, Singapore and Sweden. Botswana, Cape Verde and Mauritius are three African countries that have consistently scored above 5.0.

APPENDIX 2

1999 Constitution: Provisions Related to Combating Corruption

Section 15 (5)” “The State shall abolish all corrupt practices and abuse of power”.

Section 140 (1): “A person elected to the office of President shall not begin to perform the functions of that office until he has declared his assets and liabilities…”

Section 149: “A minister of the Government of the Federation shall not enter upon the duties of his office, unless he has declared his assets and liabilities…”

Section 152: “A person appointed as a Special Adviser… shall not begin to perform the functions of his office unless he has declared his assets and liabilities…”

Section 185 (1): “A person elected to the office of the Governor of a State shall not begin to perform the functions of that office until he has declared his assets and liabilities…”

Section 194: “A Commissioner of the Government of a State shall not enter upon the duties of his office, unless he has declared his assets and liabilities…”

Section 196 (4):  “A person appointed as a Special Adviser… shall not begin to perform the functions of the office unless he has declared his assets and liabilities…”

APPENDIX 3 & APPENDIX 4 will be included later in the week

·         Defective of succession planning strategy .

·         Ageing Civil Service .

·         Politicization of Civil Service .

·         Absence of mutual respect, loyalty and trust between the political class and the Senior Civil Servants

·         Poor Management .

·         Corruption.

·         Obsolete rules and regulations .

·         Epileptic power supply

B.    Strategies to overcome the challenges

·         Restoration and upgrading of internet connectivity.

·         Recruitment of post NYSC graduates to fill existing vacancies in the middle level grades in the Service.

·         Review of Rules and Regulations

·         Right sizing of the State Civil Service

·         E-payment system

C.    Key Transformation Accomplishments

·         Approval of stagnation breaking programme for Typists, now Secretarial Assistant/Data Processing Assistants.

·         Training and capacity building for Civil Servants.

·         Promotion of Civil Servants as well as teaching and non-teaching staff in Secondary and Primary Schools in the State with a view to boosting their morale for optimal performance.

·         Resuscitation of catalyst magazine which transformed to Reformer Magazine

·         Resuscitation of Public Service Forum with enhanced caliber of facilitators.

·         Resuscitation of in-service Post-Graduate Diploma in Public Administration (PGDPA) and Masters in Public Administration (MPA) Programme for Administrative Officers .

·         gradual attitudinal re-orientation of Civil and Public Servants from hitherto perception of government business as “no man’s business” to “ownership of government business”

·         approval of enhanced pension allowances for all retired Heads of Service and Permanent Secretaries;

·         Publication and distribution of Worker’s Companion.

·         Distribution of Wall-hangings and information stand for inspiring Statements for motivational creeds.

·         Improved level of ICT Literacy

·         Provision of shuttle buses that convey workers from home to the State Secretariat on daily basis.

·         Life insurance policy for all civil and public servants in the State.

·         Recruitment of 200 Fire Officers in addition to the old less than 100 staff strength for the whole State.

·         Introduction of enhanced hazard allowance for Fire Officers from N50.00 since.

http://www.tribune.com.ng/news2013/en/news/item/14467-abibat-mogaji,-tinubu%E2%80%99s-mother-is-dead.html

Introduction

The whole history of June 12, the pattern of geographical units of Nigeria that actively participated in the struggle for its actualization, the Boko Haram phenomenon, rotational Presidency, declaration of state of emergency, and so on, are all tensions reflecting the unsettled question of the national question.

This paper examines how adequately or otherwise, the Constitution of the Federal Republic of Nigeria, 1999 (as amended) attempts to resolve the national question in Nigeria. First, the key terms implied in the topic are explained. Next, the relevant provisions on accommodating the ethnic and religious pluralism of Nigeria are analysed. The weaknesses and strengths of such provisions are identified. The paper argues that in reality, the problem hindering development (welfare of the poor classes) in Nigeria is not caused by divisions along ethnic lines but conflictual class relations. Rather than thinking and organizing along ethnic divisions, the paper urges the unity of the oppressed against the exploiters from all ethnic nationalities around agitation for the implementation of Chapter II of the 1999 Constitution, as amended.

Definition of terms: Nation, Nationality question, Minority

Nation defined

In the literature, it is recognised that defining the term, ‘nation’ is as difficult as attempting to define ‘time’. The term ‘nation’ has therefore been defined in several ways. The following definition offered by Stalin but under the guidance of Lenin appears to be comprehensive and acceptable for the purposes of this paper.

A nation is a historically evolved, stable community of language, territory, economic life, and psychological make-up manifested in a community of culture.” (J.V. Stalin, Marxism on the National and Colonial Question, p. 8)[1]

From the definition above, the following can be deduced: a nation has a common unifying language (s), a defined territory, shared history and culture, and it is united by economic ties.

But a nation cannot be defined strictly in a formalistic sense as it continually evolves historically, based on a combination of factors. Thus, it is estimated that between 250 and 300 ethnic nationalities make up Nigeria. The most populous and politically influential ethnic groups[2] are:

• Hausa and Fulani 29%,
• Yoruba 21%,
• Igbo (Ibo) 18%,
• Ijaw 10%,
• Kanuri 4%,
• Ibibio 3.5%,
• Tiv 2.5%

In terms of religious beliefs, Muslims are estimated to be 50%, Christians 40% and indigenous beliefs 10%. From the point of view of language pluralism, apart from English, which is the official language and the dominant languages of the dominant ethnic groups (Hausa, Fulani, Igbo (Ibo) and Yoruba), it is estimated that there are around an additional 500 indigenous languages.

The National question

The term, ‘the national question’ refers to the oppression of nations, nationalities and/or minorities within nations.

What are minorities?

A discussion of the term, ‘minority’ will also be of benefit in explaining the national question.

There is no single universally accepted definition of ‘minority’ but the former UN Special Rapporteur, Francesco Capotorti[3], has developed a definition which is considered to be the most prominent.[4]

According to Capotorti, a minority is a group which is numerically inferior to the rest of the population of a state, and in a non-dominant position, whose members possess ethnic, religious or linguistic characteristics, which differ from those of the rest of the population, and who if only implicitly, maintain a sense of solidarity directed towards preserving their culture, traditions, religion or language.

Capotorti’s definition is linked to Article 27 of the International Covenant on Civil and Political Rights (ICCPR), which is recognized as the most prominent provision in international law concerning minorities.

Article 27 of the International Covenant on Civil and Political Rights (ICCPR) provides:

In those States in which ethnic, religious or linguistic minorities exit, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.

However, Capotorti’s definition has been criticized by scholars like Prof. Palley on the basis that it excludes political exclusion. In a multi-minority nation state like Nigeria, there may not be any particular ethnic group that has a decisive majority (in terms of numerical strength) in determining outcomes of elections but a number of ethnic groups may combine to exclude others, politically. Such politically excluded groups are also categorized as minorities.

National minorities

The government of the Federal Republic of Germany has set out five (5) criteria for determining national minorities[5], as follows:

1. Their members are members of a nation-state (that is they are citizens),

2. They are traditionally resident in the particular nation-state,

3. They live in given traditional settlement areas,

4. They differ from the majority population in that they have their own identity in terms of language, culture and history (That is, they have ethnic or linguistic characteristics).

5. They wish to maintain their identity.

THE CRITICAL DIMENSIONS OF THE PROTECTION OF MINORITIES

The Permanent Court of International Justice has identified the TWO CRITICAL points of minority protection, in its Advisory Opinion on minority schools in Albania:

1. Being in perfect equality (with other nationals of the State).

2. Provision of measures to ensure the PRESERVATION of the identity of the minority group(s), in terms of their:

·         ethnic,

·         religious, or

·         linguistic

peculiarities or characteristics.

In 1920, the Assembly of the League of Nations adopted a Recommendation, giving Albania, a condition for admission into the League: to enforce the principles of the Minority treaties. The condition, which was given to Albania had been prompted by the Greek Government’s representation to the Council of the League, to the effect that there should be provisions beyond the Minorities Treaties to guarantee Christian Worship and education in the Greek language, considering the substantial Christian minority of Greek origin in Muslim dominated Albania.

Article 5 of the Declaration which Albania had to sign stated that:

Albania nationals who belong to racial, linguistic or religious minorities will enjoy the same treatment and security in law and in fact as other Albania nationals (i.e. legal equality, or equality of all, emphasis supplied). In particular, they shall have an equal right to maintain, manage and control at their own expense or to establish in the future, charitable, religious and social institutions, schools and other educational establishments with the right to use their own language and to exercise their religion, freely (i.e. positive discrimination to preserve the identity of the minority, emphasis supplied).

THE CORE ISSUE IN THE PROTECTION OF MINORITIES

From the Albania example given above, the core issue in the protection of Minorities lies in the principle of EQUALITY and NONDISCRIMINATION, or uniformity.

ETHNIC/MINORITY PROTECTION UNDER THE NIGERIAN CONSTITUTION

The Constitution of the Federal Republic of Nigeria, 1999 (as amended) makes provisions in recognition of the plural character of Nigeria, particularly in terms of ethnic and religious composition.

THE PREAMBLE

The Preamble to the Constitution draws attention to the plural reality of Nigeria. The Preamble thus proclaims a goal of indivisibility and indissolubility with a view to achieving sustaining unity in diversity as follows:

We the people of the Federal Republic of Nigeria:

Having firmly and solemnly resolved:

To live in unity and harmony as one indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace, international co-operation and understanding:

And to provide for a Constitution for the purpose of promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating the unity of our people:

Do hereby make, enact and give to ourselves the following Constitution:-

(underlining supplied).

STRUCTURING AND RE-STRUCTURING OF NIGERIA

Nigeria was born with the amalgamation of the Northern and Southern Protectorates in 1914. Since then, it has undergone several phases of restructuring, all aimed at giving a sense of belonging to the component parts. Three regions were created in 1946:

·         the Northern Region,

·          Eastern Region, and

·         Western Region

Demands for further Regional creations were mounted by the United Middle Belt Congress (UMBC) in the North; the Mid-Western Movement in the West; and the Calabar-Ogoja-Rivers (COR) movement in the East. The agitations led to the setting up of the Willinks Commision in 1958. The Commission opposed further regionalization in preference for constitutional guarantees against neglect in the form of fundamental rights and establishment of Development Commisions such as the Niger Delta Development Board (1959), similar to the Ministry of Niger Delta Affairs. However, the fourth region, the Mid-Western Region was created in 1963, by constitutional amendment.

Sensitivity to continued pressure has brought about the creation of many more states, totaling as follows:

·         12 states in 1967;

·         19 states in 1976;

·         21 states in 1987;

·         30 states in 1991; and

·         36 states, 774 Local Government areas and one Federal Capital Territory, Abuja, in 1996.

The foregoing constitutes the background that informs the provision of Section 3(1) of the Constitution, which provides:

3. (1) There shall be 36 states in Nigeria, that is to say, Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and Zamfara.  

 Similarly, section 3(6) of the same Constitution provides for 774 Local Government areas, including the six Area Councils in the Federal Capital Territory, Abuja:

(6) There shall be 768 Local Government Areas in Nigeria as shown in the second column of Part I of the First Schedule to this Constitution and six area councils as shown in Part II of that Schedule

The Constitution does not only make provision for the existing number of states and local governments, it also makes provision, in section 8, for the procedure to be adopted to create new states and local governments.

The procedures involve:

• Request supported by at least two thirds majority of elected representatives of the affected area in the legislative houses concerned, demanding creation of state or local government, as the case may be, which request is presented to the appropriate legislative house (National Assembly or State House of Assembly);
• Referendum: Supported by at least two-thirds majority of the people of the area where the demand for the creation of new state or local government originated, in a referendum;
• Approval of the result of the referendum by a simple majority of members of the State Houses of Assembly in all the states of the Federation (in the case of state creation) ; and finally,
• Approval of the result of the referendum by two-thirds majority of members of the State House of Assembly  (in the case of creation of a new local Government),
• The approval of the proposal by two –thirds majority of members of each of the Houses of the National Assembly., (in the case of state creation).

Section 8 sub section (5) provides that each State House of Assembly shall make returns to the National Assembly after creating new local governments and the National Assembly shall make consequential provisions with respect to the names and headquarters of such new local governments (and new States) as may be applicable.

The provision of the Constitution requiring a role for the National Assembly in the creation of new states has been questioned. However, to the extent that the states remain funded mainly by budgetary allocation from the Centre, it would be rationale for the National Assembly to have a say in the creation of new states.

Section 8 sub sections (1) and (2) provides for the creation of new states and boundary adjustments of states as follows:

8. (1) An Act of the National Assembly for the purpose of creating a new State shall only be passed if-

(a) a request, supported by at least two-thirds majority of members (representing the area demanding the creation of the new State) in each of the following, namely –

(i) the Senate and the House of Representatives,

(ii) the House of Assembly in respect of the area, and

(iii) the local government councils in respect of the area,

is received by the National Assembly;

(b) a proposal for the creation of the State is thereafter approved in a referendum by at least two-thirds majority of the people of the area where the demand for creation of the State originated;

(c) the result of the referendum is then approved by a simple majority of all the States of the Federation supported by a simple majority of members of the Houses of Assembly; and

(d) the proposal is approved by a resolution passed by two-thirds majority of members of each House of the National Assembly.

(2) An Act of the National Assembly for the purpose of boundary adjustment of any existing State shall only be passed if-

(a) a request for the boundary adjustment, supported by two-thirds majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namely-

(i) the Senate and the House of Representatives,

(ii) the House of Assembly in respect of the area, and

(iii) the local government councils in respect of the area.

is received by the National Assembly; and

(b) a proposal for the boundary adjustment is approved by –

(i) a simple majority of members of each House of the National Assembly, and

(ii) a simple majority of members of the House of Assembly in respect of the area concerned.

Section 8 sub sections (3) and (4) makes provisions for the creation of local governments and boundary adjustments as follows:

(3) A bill for a Law of a House of Assembly for the purpose of creating a new local government area shall only be passed if –

(a) a request supported by at least two-thirds majority of members (representing the area demanding the creation of the new local government area) in each of the following, namely –

(i) the House of Assembly in respect of the area, and

(ii) the local government councils in respect of the area,

is received by the House of Assembly;

(b) a proposal for the creation of the local government area is thereafter approved in a referendum by at least two-thirds majority of the people of the local government area where the demand for the proposed local government area originated;

(c) the result of the referendum is then approved by a simple majority of the members in each local government council in a majority of all the local government councils in the State; and

(d) the result of the referendum is approved by a resolution passed by two-thirds majority of members of the House of Assembly.

(4) A bill for a Law of House of Assembly for the purpose of boundary adjustment of any existing local government area shall only be passed if-

(a) a request for the boundary adjustment is supported by two-thirds majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namely –

(i) the House of Assembly in respect of the area, and

(ii) the local government council in respect of the area,

is received by the House of Assembly; and

(b) a proposal for the boundary adjustment is approved by a simple majority of members of the House of Assembly in respect of the area concerned.

NATIONAL INTEGRATION

The Constitution, in several provisions, promotes national integration so that loyalty to the nation shall override sectional loyalties.

Section 15 is the National Integration provision. For example, S 15 sub section (2) provides:

(2) Accordingly, national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited.

The Constitution does not just promote national integration in the abstract. It sets out what should be done concretely to give effect to national integration. To this effect, Section 15 sub section (3) states that:

(3) For the purpose of promoting national integration, it shall be the duty of the State to:

(a) provide adequate facilities for and encourage free mobility of people, goods and services throughout the Federation.

(b) secure full residence rights for every citizen in all parts of the Federation.

(c) encourage inter-marriage among persons from different places of origin, or of different religious, ethnic or linguistic association or ties; and

(d) promote or encourage the formation of associations that cut across ethnic, linguistic, religious and or other sectional barriers[6].

Indeed,

(4) The State shall foster a feeling of belonging and of involvement among the various peoples of the Federation, to the end that loyalty to the nation shall override sectional loyalties.[7]

Section 42 of the Constitution also reinforces S. 15 in providing that:

42. (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-

(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or

(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.

COMPOSITION OF GOVERNMENT: FEDERAL CHARCTER

The promotion of national integration is also reflected in the provisions of s. 14 (3) and (4) and section 219 (b) of the Constitution. These sections seek to promote the participation of members of all ethnic groups in the governance process, at all levels.

COMPOSITION OF GOVERNMENT AT NATIONAL LEVEL

With respect to composition of government and agencies of government at the national level, Section 14 (3) provides:

(3) The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few State or from a few ethnic or other sectional groups in that Government or in any of its agencies.

COMPOSITION OF GOVERNMENT AT STATE AND LOCAL GOVERNMENTS’ LEVELS

With respect to composition of the state and local government, as well as agencies of government at those two levels, Section 14 (4) prescribes:

(4) The composition of the Government of a State, a local government council, or any of the agencies of such Government or council, and the conduct of the affairs of the Government or council or such agencies shall be carried out in such manner as to recognise the diversity of the people within its area of authority and the need to promote a sense of belonging and loyalty among all the people of the Federation.

However, as important as the provisions of Sections 14 and 15 (discussed above) are to ensuring federal character in the composition of governments and government agencies, they belong to Chapter II, which is generally though erroneously perceived to be non-justiciable, by virtue of a clause embedded in S. 6 sub section (6)(c). The clause thatmakes Chapter II non-justiciable should therefore be deleted from the Constitution.

COMPOSITION OF THE ARMED FORCES

The idea of federal character is not limited to the composition of the civil arms of government; it also extends to the armed forces of the Federation.

Section 217 sub section (1) establishes the Armed Forces of the Federation, as follows:

217. (1) There shall be an armed forces for the Federation which shall consist of an army, a navy, an Air Force and such other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

Section 217 (3) provides that the composition of the armed forces of the federation shall reflect Federal Character:

(3) The composition of the officer corps and other ranks of the armed forces of the Federation shall reflect the federal character of Nigeria.

COMPOSITION OF THE LEGISLATURE

In this subsection, the composition of the National and State House of Assembly is examined.

COMPOSITION OF THE NATIONAL ASSEMBLY

S. 72 of the Constitution strives to ensure equal representation of each state of the Federation in the National Assembly, based on three (3) Senators per state. It provides that:

72. No Senatorial district or Federal constituency shall fall within more than one State, and the boundaries of each district or constituency shall be as contiguous as possible and be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable.

In fulfillment of the provision of S. 72 with respect to equal representation based on population quota, S. 71 of the Constitution provides that each state shall be divided into three senatorial districts for purposes of election into the Senate.

Representation in the House of Representatives is based essentially on population. The Constitution provides that the Federation is to be divided into 360 Federal Constituencies for purposes of election into the House of Representatives. As far as the House of Representatives is concerned, S. 49 of the Constitution provides that the House of Representatives shall consist of 360 members (that is, one member per constituency), based on “equal population as far as possible, provided that no constituency shall fall within more than one State”

COMPOSITION OF THE STATE HOUSE OF ASSEMBLY

Sections 112 and 113 of the Constitution provide for the composition of the State House of Assembly on the principle of equal representation of the component units, based on population, as follows:

112. Subject to the provisions of sections 91 and 113 of this Constitution, the Independent National Electoral Commission shall divide every state in the federation into such number of state constituencies as is equal to three or four times the number of Federal constituencies within that state.

113. The boundaries of each State constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable.

REVIEW OF CONSTITUENCY DELINEATION

The Constitution provides for periodic review of delineation of state and federal constituencies, at intervals not less than 10 years (section 73 (1) and 114 (1)  or as may be considered necessary in the event of boundary adjustment or creation of new states and local governments under Section 3 of the Constitution (Sections 73 (2) and (114 (2).[8]

From the foregoing constitutional provisions, there is no doubt that there is a clear, unequivocal and unambiguous demonstration of a clear intention to attain representation of constituencies into the legislature on an equal and fair basis. However, there appears to be overreliance on ethnic reality of Nigeria. Other plural realities of Nigeria have been neglected  These include gender representation, youth and student representation, professional and economic category representation, including famers, traders, artisans, and so on. It is recommended that the constitution should provide for their representation in the legislature.

A review of the constitution could also include questioning the bi-cameral legislature at the national level. Is it not possible to have effective representation in a single legislature (based on the two criteria of equal representation of each state and population) so as to save costs for the provision of much needed social security schemes for the economically vulnerable and excluded groups?

LANGUAGE OF THE LEGISLATURE

The Constitution seeks to partly recognize the language plurality of Nigeria. It therefore provides that:

55. The business of the National Assembly shall be conducted in English, and in Hausa, Ibo and Yoruba when adequate arrangements have been made therefor.[9]

However, based on the legal maxim that states “expressio unius est exclusio alterius” ( meaning the express mentioning of one thing is the express exclusion of the others not mentioned), the constitutional recognition of only the three dominant languages of the three dominant ethnic groups appears to mean non-recognition of the other 500 established indigenous languages. It is submitted that the constitution should not discriminate on the ground of language. Rather, the legislature could be encouraged/mandated to engage interpreters who could translate into English language. In the context of such a policy, there would be a basis and encouragement to develop all the languages of all component ethnic groups, a process that would also expand room for employment of persons who are experts in such languages.

Section 97 of the Constitution is however an improvement on section 55. It provides in broad terms for the use of any other Language in a given State House of Assembly as follows:

97. The business of a House of Assembly shall be conducted in English, but the House may in addition to English conduct the business of the House in one or more other languages spoken in the State as the House may by resolution approve.

STATE-STRUCTURE V. REGIONAL STRUCTURE OF GOVERNMENT

The existing Constitution, as stated above, provides for a 3-level structure of government as follows:

·         Federal Government

·         State Government, and

·         Local Government.

There have been calls for a return back to regional structure of government but one now based on six (6) geo-political zones. One of the justifications advanced is that the regional structure will save costs. However, in reality, the regional structure will increase rather than save costs. As the recommendations for constitutional amendment by the Ohaneze Ndigbo (2012)[10] has shown, rather than having a three-level structure of government, the regional structure will imply a 4-level structure of government, as follows:

·         Centre (federal) level

·         Regions (Federating Units)

·         States (as may be determined by the Regions), and

·         Local Governments (as may be determined by the states).

Without necessarily breaking the country along regional lines, nothing prevents collaboration among the states in the existing six geo-political zones , and indeed, nothing stops all state governments from collaborating outside the existing constitutional framework, just as any level of government or agency could collaborate with foreign governments or organizations in their mutual interests, internationally.

It is recommended that the existing three-level government structure be maintained but each state could be allowed to have its constitution while another Constitution exists for the Federation. In that context, the State Constitution will be the supreme law applicable and enforceable at the state level while the Federal Constitution will be supreme and applicable on an agreed scope of issues at the national level.

Thus, Section 1 of the 1960 Constitution of the Federation provided that the Constitution was applicable on certain matters to the entire Federation and the Regional Constitution was subject to it as far as those matters were concerned, as follows:

1. This Constitution shall have the force of law throughout Nigeria and, subject to the provisions of section 4 of this Constitution, if any other law (including the constitution of a Region) is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.[11]

In the same spirit, Section 5 sub section (1) of the 1960 Constitution of the Federation proclaimed that as far as the matters covered by the Constitution of the region were concerned, the regional constitution was supreme, as follows:

5. —(1) Subject to the provisions of this Constitution and the Nigeria Independence Act, 1960, the constitution of each Region shall have the force of law throughout that Region and if any other law is inconsistent with that constitution, the provisions of that constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.[12]

THE NIGERIA POLICE FORCE (NPF)

Sections 214, 215 and 216 of the Constitution are devoted to the establishment, powers and control of the Nigeria Police Force.

It does not appear that the constitutional provisions on the Nigeria police Force give adequate sensitivity to the ethnic composition of Nigeria.

The NPF is a Federal or national Force, which shall be organized and administered in accordance with the provisions of an Act of the National Assembly. No other police force shall be established for the Federation or any part thereof. The NPF may have branches forming part of the armed forces of the Federation (S. 2114).

The NPF shall be under the command of the Inspector General of Police (IGP) who is appointed by the President on the advice of the Nigeria Police Council. Service. The Nigeria Police Force stationed in each State shall be under the command of the Commissioner of Police (appointed by the Police Service Commission) who is in turn under the command of the IGP (S. 215).

The President or the Minister of the Government of the Federation may issue lawful directions to the IGP with regard to maintenance and securing of public safety and public order, as may be considered necessary, and the IGP “shall comply with those directions or cause them to be complied with” (S. 215((3).

Under S. 215 (4), the Governor of  a State or a Commissioner so authorized by the Governor may also give lawful directions to the Commissioner of Police in the State

”with respect to public safety and public order within the state, as he may consider necessary, and the Commissioner of Police shall comply or cause them to be complied with:[13]

Provided that before carrying out any such directions under the foregoing provisions of this subsection the Commissioner of Police may request that the matter be referred to the President or such minister of the Government of the Federation as may be authorised in that behalf by the President for his directions”[14].

As a matter of fact, section 215 sub section (5) goes further to provide that:

(5) The question whether any, and if so what, directions have been given under this section shall not be inquired into in any court.

The implication of the constitutional provisions on the Nigeria Police Force is that the Governor lacks the power to give enforceable or effective directions to the Commissioner of police in the State. In that situation, State Governors, in reality, tend to have their own individual security arrangements for their personal security, which operates side by side the operatives of the Nigeria Police Force. The current Police structure cannot be appropriate under a Federal system of government in the face of multi-ethnic, economic and political interests and pressures. The truth is that loyalty of the police hierarchy tends to be to the Federal Government rather than to the state Governor. In this context, the call for state police formations is justifiable. In fact, in view of the unprecedented state of insecurity in Nigeria, there should not only be a National Police, there should also be police formations at local and state government levels. But in order to prevent abuse by the Executive at all levels, Federal, state or local government, as the experience of the State Independent Electoral Commission (SIEC) has shown, the suggested three-structure police formation should be subjected to the control of popular democratic Committees. The Security Committees to control the police should comprise elected representatives of mass organizations, such as trade, student, community and professional unions and associations. The rank and file of the police should not only enjoy the right to form and join trade unions, adult citizens should be licensed to carry arms.

ON RELIGION

In recognition of the ethnic and religious pluralities of Nigeria, Section 10 of the Constitution rightly provides for a secular state by providing that:

10. The Government of the Federation or of a State shall not adopt any religion as State Religion

Section 38 of the Constitution complements section 10 in providing that:

38. (1) Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction ceremony or observance relates to a religion other than his own, or religion not approved by his parent or guardian.

(3) No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination.

Unfortunately, section 10 of the Constitution has been observed in the breach by many of the governments in Northern Nigeria with their adoption of the Sharia criminal justice system. The Constitution has rightly made provisions for the application of customary law and Sharia law in civil proceedings involving matters of personal system of law relating to validity or dissolution of marriage, family relationship, guardianship of infants and/or physically or mentally infirm persons, gifts, will, succession, and so on, depending on which law (customary/ethnic law or Islamic law) the individuals/parties are subject to.[15]

The Constitution vests the High Court of a State[16], the Federal High Court[17], the Court of Appeal[18] and the Supreme Court[19] to entertain jurisdiction over civil and criminal matters.

But in contravention of S. 10 of the Constitution, many of the Northern states, led by Zamfara State, have made certain laws, repealed some, and amended others to the effect of establishing  Sharia courts, which are vested with not only the entirety of civil but also criminal jurisdictions[20]. As Oraegbunam[21] points out,

punishments such as amputation, lapidation, stoning to death, crucifixion and so on, still attach to Sharia offences in the North. Although only Muslims have been subjected to the jurisdiction of Sharia courts so far, yet experiences in Islamic countries show that there are potentials for extending the judicial practice and coverage to adherents of other religions.

The violation of S. 10 with respect to the establishment of Sharia Courts vested with criminal jurisdiction is therefore a threat to maintaining an indivisible and indissoluble country, contrary to the values espoused in the Preamble to the Constitution.

Femi Falana[22] also expresses that whereas harsh sentences prescribed by Sharia are being enforced against ordinary people, members of the ruling class who commit worst crimes do not suffer the same harsh penalties. He gave examples of a man in Zamfara State who had his arm amputated for stealing a cow valued at N15,000 whereas one of the governors who politicized Sharia Law has been charged by the Economic and Financial Crimes Commission with the alleged theft of N30bn.

ON JOINT STATE AND LOCAL GOVERNMENT ACCOUNT

Section 162 (5) -(8) of the Constitution provide that:

(5) The amount standing to the credit of local government councils in the Federation Account shall also be allocated to the State for the benefit of their local government councils on such terms and in such manner as may be prescribed by the National Assembly.

(6) Each State shall maintain a special account to be called “State Joint Local Government Account” into which shall be paid all allocations to the local government councils of the State from the Federation Account and from the Government of the State.

(7) Each State shall pay to local government councils in its area of jurisdiction such proportion of its total revenue on such terms and in such manner as may be prescribed by the National Assembly.

(8) The amount standing to the credit of local government councils of a State shall be distributed among the local government councils of that State on such terms and in such manner as may be prescribed by the House of Assembly of the State..[23]

The implication of the above constitutional provisions is that the local governments are not in control of allocations from the Federation account. Indeed, what they receive is often at the discretion of the State Governments. The Association of Local Governments of Nigeria (ALGON)[24] has, based on its experiences, made a case for the amendment of the Constitution to the effect that allocation of funds to the local governments from the federation account should be made directly to the accounts of the local governments.

The ALGON position appears to be shared by the National Association of Local Government Employees (NULGE). According to them, the state governments tend to stifle local governments of funds. It is only rationale that we support ALGON and NULGE’s call for an amendment of the Constitution, which would mean giving full recognition to the local government as a separate tier of government. Constitutions should evolve and be amended in the light of practical experiences.

ON REVENUE ALLOCTION

There is a relationship between possibility for development measured in terms of the welfare of the populace and the revenue allocation formula in a federal system of government.

Section 162(2) of the Constitution provides a guiding framework for the Revenue Mobilisation Allocation and Fiscal Commission in making proposals to the National Assembly. It provides that the allocation formula shall take into consideration the following principles,

especially those of population, equality of States, internal revenue generation, land mass, terrain as well as population density;

Provided that the principle of derivation shall be constantly reflected in any approved formula as being not less than thirteen per cent of the revenue accruing to the Federation Account directly from any natural resources.[25]

On the basis of the Proviso to S. 162(2), the regions or states, as the case may be, had retained the following percentage of revenue generated by them from natural resources, over the years:

• 1953, 100%
• 1960, 50%
• 1970, 45%
• 1975, 20%
• 1982, 2%
• 1984, 1.5%
• 1992, 3%, and
• 1995, 13% (which is also the prevailing rate in accordance with the 1999 Constitution cited above).

The critical question is how effective are the above criteria in terms of engendering the wellbeing of the people in the concrete terms?

It is suggested that allocation formula should primarily consider government responsibilities to all citizens, regardless of the state of location of citizens, on account of the socio-economic rights contained in Chapter II of the Constitution, including education, health care, water, housing, food, employment, basic income guarantees, pension, electricity, roads, and so on. These provisions should take priority over the privileges of the ruling class, particularly the disproportionate wastages by the executive and legislative arms of government.

THE CONSTITUTIONAL POLICY ON ‘NATIONAL PARTIES’

In the bid to avoid parties being formed exclusively along ethnic or religious lines, the Constitution prescribes provision aimed at the establishment of political parties in the image of national institutions such as the NPF and the Nigerian armed forces. The import of the constitutional requirements, which a party must fulfil to qualify for registration as a political party is that it must be a national party. S. 222(e) provides that a political party shall not be confined to only one geographical area of Nigeria. S. 222(f) prescribes that the headquarters office of the party must be in Abuja. S. 223(1)(b) stipulates that the national Executive Committee (NEC) of the Party shall reflect Federal Character. The party structure is thus conceived in the image of a ‘Nigerian’ institution. What all the conditions imply is that it requires a lot of money to organise parties. Parties are not perceived as organisations of people who share similar ideas, programmes and perspectives as to the kind of society they want to build if they win. In the interest of building a society which makes the welfare of the people as the central essence of governance, it is advocated that parties be made to conform with the provision of S. 224 of the Constitution, regardless of their numerical size and geographical spead. This means deletion of all sections that suggest political arties must be built as national institutions.

Section 224 provides pungently:

224. The programme as well as the aims and objects of a political party shall conform with the provisions of Chapter II of this Constitution.

POLICY ON SPONSORSHIP OF CANDIDATES

Also, along the concern that only ‘national’ institutions should govern Nigeria, the Constitution of the Federal Republic of Nigeria (CFRN)[26] provides that only a registered political party can sponsor candidates for election. The constitutional provision in this regard violates the political rights of the individual. After all, even ethnic groups are made of individuals who possess individual rights, apart from collective rights. The constitutional bar to the right of independent candidacy to contest elections could be one of the reasons why many Nigerians tend not to be involved in partisan electoral politics. The result is that only a tiny minority determines who rules. In the recent Governorship election in Ondo State, for example, Governor Mimiko won the election by having 260, 199 votes out of a population of about 3.4million. Total registered voters were about 1.6m; only about 646000 were accredited to vote; only about 594000 were valid votes.

The constitution should therefore encourage building unity in diversity by allowing the diverse talents/inputs of the individual to thrive within the political space. Independent candidature should be constitutionally allowed so that those who are disenchanted with the major ruling political parties can be meaningfully involved.

ELECTION OF JUDGES AND ELECTORAL COMMISSIONERS

The Constitution provides for the appointment of judges and electoral commissioners, either at the national or state level[27].

Some judges and electoral commissioners tend to be compromised by virtue of the fact that they feel responsible only to the political forces that play some role in their appointment. It is suggested that subjecting positions of judges and electoral commissioners to election just as other political offices could generate greater confidence in the system and motivate others who feel disinterested to get involved. In the USA, for example, in most of the 50 States and the District of Columbia, voters elect judges for a stated term. Subjecting the position of judges and electoral commissioners to election would reduce (or eliminate in certain cases),the possibility of their being susceptible to political pressures of politicians.

ETHNIC NATIONALISM OR UNITED CLASS WAR FOR IMPROVED WELFARE?

The persistent bloodshed associated with the Boko Haram phenomenon (among other factors) has accentuated apprehension for a break-up of the country along ethnic lines.

But the critical question to pose is: what is the fundamental cause of lack of development (measured in terms of the welfare of ordinary people)? Is it ethnic division or division along class lines?

The fundamental cause of poverty and degeneration in the society is not division between nations and nationalities but conflicting interests between the rich and the poor, the ruled and the rulers. The interests of the poor classes in all ethnic nationalities are the same, just as the interests of members of the ruling class of all nationalities are equally the same.

As Lenin[28] once explained:

On the hoards of joint stock companies we find capitalists of different nations sitting together in complete harmony. At factories, workers of different nations work side by side. In any really serious and profound political issue, sides are taken according to classes, not nations.[29]

Numerous examples could be cited to drive home the point made by Lenin: the January 2012 unprecedented mass action against perennial increases in the prices of petroleum products; non-payment of national minimum wage; non-payment of 27.5% increase in the salaries of teachers; the plight of pensioners; and so on. On each of these issues, positions are taken, not on the basis of ethnic affiliation but on the basis of class status. The poor, including workers, the unemployed, farmers, artisans, traders, and so on, should therefore not be hoodwinked by the deceptive bellicose nationalism of the bourgeoisie or aspiring bourgeoisie.

The Boko Haram phenomenon is an index of the socio- economic crisis of poverty, unemployment, etc, in the same way in which kidnapping for ransom and armed robbery experiences in other parts of the country have turned life into a nightmare for majority. Boko Haram insurgency, kidnapping for ransom and other criminalities (committed by those who have chosen such means to survive) cannot be solved on an enduring basis by the application of physical force without addressing the root cause. In this respect, pressure must be brought to bear on the State to invest in the establishment of social security schemes. In this regard, rather than adopting ethnic nationalism, pressures should be brought to bear on the ruling class for the implementation of Chapter II of the Constitution on the basis of the following provisions of the same constitution, which make chapter II justiciable:

1.      S. 6(6)(c), CFRN, 1999

2.      S. 1(1), CFRN, 1999.

3.      Section 13, CFRN, 1999.

4.      section 224, CFRN, 1999, and

5.      Item 60(a) of the Exclusive Legislative List.

The above listed provisions are discussed below.

·         S.6(6)(C) Does Not Completely Foreclose Justiciability of Chapter II

Unlike the constitution of many other countries, including India, which directly declares that similar provisions shall not be enforceable, S.6(6)(c) of the 1999 constitution does not absolutely foreclose justiciability of chapter II and allows its enforcement if it is so provided in any other section of the Constitution. The court, in Federal Republic of Nigeria v. Anache (2004), has upheld this position, stating that since S. 6(6)(c) is qualified by the phrase, ‘save as otherwise provided by this Constitution’, the justiciability of Chapter II is not entirely foreclosed

Also, in Olafisoye v. Federal Republic of Nigeria (2005), the court was asked to determine whether or not the National Assembly is competent to make laws for the peace, order and good governance of Nigeria, pertaining to abolishing corrupt practices and abuse of power under S. 15(5)[30] – a section under Chapter II; combined with other provisions of the Constitution. In this particular case, the Supreme Court upheld the likelihood of justiciability of Chapter II, ‘if’ the Constitution makes a section(s) of Chapter II justiciable, as follows:

The non-justiciability of (sic!) section 6(6)(c) of the Constitution is neither total nor sacrosanct as the subsection provides a leeway by the use of the words, ‘except as otherwise provided by this Constitution’. This means that if the Constitution otherwise provides in another section, which makes a section or sections of Chapter II justiciable, it will be so interpreted by the Courts (Olafisoye v. Federal Republic of Nigeria, cited in Anyebe, 2010:379).

Other provisions, which make the Constitution, including Chapter II binding, include:

·         S. 1(1) proclaims the supremacy and bindingness of the constitution, as follows:

1. (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.

·         Section 13 provides that all authorities and persons exercising legislative, executive or judicial powers ‘shall’ observe and apply Chapter II, as follows:

It shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter [i.e. Chapter II] of this Constitution (S. 13, CFRN, 1999).

·         Section 224 provides:

‘The programme as well as the aims and objects of a political party shall conform with the provisions of Chapter II of this Constitution’ (S. 224, CFRN, 1999).

·         Finally, Item 60(a) of the Exclusive Legislative List places responsibility on the Federal Government to establish and regulate ‘ authorities for the Federation or any part thereof –

(a)    To promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in this Constitution’

STATUTORY PRO-JUSTICIABILITY PROVISIONS: THE AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS ACT, CAP10, LFN, 1990

The African Charter equally contains socio-economic rights, which include:

Article 15: Right to work

Article 16: Right to health

Article 17(1): right to education

Article 17(2): Right to participate in the cultural life of one’s community

Article 17 (3): Duty of state to promote & protect the moral and traditional values recognized by the community

Article 18(1): Recognition of family as the natural unit & basis of a society

Article 18(2): Right of the family to be assisted as the custodian of morals and traditional values

Article 18(3): Protection of the rights of women and children, and

Article 18(4): Rights of the aged and disabled.

The Supreme Court has held in Abacha v. Fawehinmi (2000) 6 NWLR (Pt. 600) 228 that:

‘…the African Charter which is incorporated into our municipal law becomes binding and our courts must give effect to it like all other laws falling within the judicial powers of the courts’.

The implication of the above holding of the Supreme Court is that the socio-economic rights in Chapter II are enforceable under the African Charter.

SUPPORT FOR SELF DETERMINATION AS A LAST RESORT

However, where voluntary union of the component ethnic groups making up Nigeria is not possible for lack of respect for basic democratic rights such as senseless genocide committed by those who have been so dehumanized to the extent of not having regard for the sacredness of the life of others, then socialists would have no choice but to support the right to self determination. But this would be on the basis of promoting united struggles by the oppressed classes against exploiters of all ethnic nationalities.

Under the Nigerian Constitution and under international human rights law, there is recognition of the right to the protection, promotion of the existence of national, ethnic, cultural, religious, and linguistic identities in individual geographic units. It is trite to state categorically that international law recognizes the right to self determination of peoples. What needs to be clarified is that there are two aspects of self-determination, namely: external and internal self-determination. External form of self determination relates to the colonized fighting to shake off the chains of colonialism or secession from a nation-state. Internal form of self determination has to do with autonomous self-government within a nation-state. It is the internal form of self-determination that international law unequivocally recognizes. The States of the Nigerian Federation that have adopted their own flags, anthems, etc, are exercising aspects of internal form of self determination. – a form of community or collective self-expression within the Federal Republic of Nigeria.

Articles 1 and 55 of the UN Charter (that is UN Constitution) expressly recognize the rights of peoples to self-determination. The self-determination here is to be understood as internal self-determination. For the avoidance of any doubt, the UN Charter defines ‘peoples’ as a group of human beings, who may or may not comprise States or nations.

The verbatim provisions of the UN Charter and the African Union are reproduced below.

Article 1 sub (2) of the UN Charter provides:

The purposes of the United Nations are:

(2). To develop friendly relations among nations based on respect for the principle of equal rights and SELF-DETERMINATION of peoples, and to take other appropriate measures to strengthen universal peace.

Also Article 20(1) of the African Charter, which has been domesticated, provides:

All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.

CONCLUSION

This paper has examined the adequacy or otherwise of constitutional provisions on containing the national question in Nigeria. The paper has argued that the root cause of poverty is class politics not division along ethnic lines. The paper urges the alliance of the oppressed classes of all ethnic groups against exploiters in all ethnic groups who stand on the same side of the barricade in all serious issues relating to who gets what, where and when. However, as a last resort, where voluntary union of all component ethnic groups is not possible on the basis of respect for fundamental rights, the struggle for self determination may be inevitable.

Each state should recognize the right of national minorities to secede, as was the case with the Bolshevik government immediately after the successful socialist revolution of 1917. This may put pressure on national governments to recognize and respect minority rights in order to avoid such minorities exercising their right to independence.

In other matches in Brasilia on Sunday, June 16:

*      Much-hated [by Inter-Milan fans] Mario Balotteli of AC Milan powered Italy to a 2-1 win over Mexico

**    Spain won over Uruguay 2-1

Brazil Win Confeds Cup Opener 3×0: Daily

By Robbie Blakeley, Senior Contributing Reporter

BRASÍLIA, BRAZIL – The Seleção Brasileira (Brazilian national team) won the FIFA Confederations Cup opening match with a comprehensive 3-0 victory over Japan at the Mané Garrincha Stadium in Brasília yesterday.

The Seleção made the perfect start to the Confederations Cup, photo by Wander Roberto/VIPCOMM.

Goals from Neymar, Paulinho and Jô gave coach Luiz Felipe Scolari the perfect start to the tournament as the side goes in search of their third successive Confederations Cup crown.

Fans had barely settled into their seats when Neymar raised the roof. Linking up well with Fred, the striker unleashed an unstoppable volley into the far right hand corner of the net.

The goal calmed Brazilian nerves and the game continued with the hosts on the front foot. Fred and Paulinho both went close to doubling the lead before the interval without success.

However, the Corinthians midfielder soon put Brazil two goals to the good early into the second half, his fierce drive finding the back of the net.

Scolari gambled by bringing on Atlético-MG striker Jô, only called up to the squad as a late replacement for the injured Leandro Damião. He repaid the faith shown in him with a sublime third to put the icing on the Brazilian cake.

This afternoon, Mexico face Euro 2012 runners-up Italy at the Maracanã. Brazil then face the Italians midweek in what is set to be a mammoth encounter.

MONDAY, JUNE 17, 2013. 11:02:50 [GMT]

[Fred Adu is never far from my mind and so I googled his name just to find out where he is on what has been a seemingly endless search for a pitch to call a home, and a form to justify the massive talent that left football lovers all over Africa and beyond waiting for great things for the kid from Ghana. 

It's been one trade after another after the first massive mistake the single mother made of letting him "stay home" in America rather than let him go with the European big teams that went after him to join their youth teams.

Photographs from Yahoo! News/Sports

He's still out there but time seems to be running out as he's now in Brazil with Bahia, a Serie A team but not one of the better ones.  Worse, Adu got only 7 minutes of regulation time play in his debut.

The worst indignity so far is not being featured in the last U.S. World Cup team - a team I once wrote that Adu should steer clear of because it is no more than a football-playpen.

RELATED STORIES:

1.

"As the final of the Major League Soccer (North America) got under way a little while ago, Freddie Adu, the young Ghanaian football phenom who is never far from my mind when I watch MLS football matches, came to mind again.  The least that the young man deserves is to be there in the uniform of one of the two teams that led the East and West clubs because he’s back in the  States from Benfica at Philadelphia.

He’s 23 now but it’s not too late to still be a good player in one of the best leagues in the world.  Here’s wishing him the best of the luck but this is not his story." - Intro to "At David Beckham's final MLS game ...", December 2, 2012.

2.

http://emotanafricana.com/2011/05/17/world-cup-2010-series-13-freddie-adu-on-my-mind/

 BELOW is the latest news on the one-time teen sensation.

Adu debuts but Bahia beaten in Brazil

tribalfootball.com

By Andrew Slevison

Freddy Adu made his debut for new club Bahia on the weekend but could not deny the side being beaten in their season opener.

The former DC United, Real Salt Lake and Benfica forward joined Bahia on a season-long loan from Philadelphia Union in April and stepped out in the Tricolor’s first match of the Campeonato Serie A campaign.

Unfortunately, Bahia were beaten 3-1 by Criciuma with Adu coming on in the 83rd minute to be the only foreigner to set foot on the pitch in Santa Catarina.

MONDAY, JUNE 17, 2013. 11:28:52 [GMT]

ABC News‘ Matt Gutman and Anthony Castellano report:

A Florida teen didn’t hesitate to hitch a ride on a 30-foot-long, 50,000-pound whale shark in the Gulf of Mexico when it swam past his boat.

The whale shark was cruising off the coast of Florida last week when Chris Kreis, 19, and his family spotted the shark in the ocean. But to Kreis, it looked like the world’s biggest boogie board. Kreis jumped off the back of a boat and latched onto the dorsal fin.

“I decided, you know what, maybe I should go try and swim with him. I might not be able to do it ever again,” Kreis said.

Kreis’ joy ride on the fish off Captiva’s coast was short-lived and ended after only nine seconds, which was captured on video Saturday.

“He began to descend, and if something doesn’t want you on it, you might as well just let it go,” he said.

Despite its name, whale sharks are considered the gentle giants of the sea and are about the size of a school bus. They hold the distinction of being the ocean’s largest fish and feed mostly on plankton.

Kreis’ stunt has led to a boatload of scrutiny by some critics because the human contact can potentially harm whale sharks.

“When people spend a lot of time and a lot of pressure on a fish, it takes away that slime covering and potentially has negative health impacts for the fish,” marine biologist Bruce Neill said.

These kinds of interactions between man and sea creature have increased recently, raising questions about how much humans should be allowed to encroach.

William Waterman was arrested in February after police spotted photos he had posted on Facebook holding a manatee in Florida. Hugging, touching or harassing protected manatees is illegal in Florida.

Ana Gloria Garcia Gutierrez was arrested last year after she turned herself in when photos surfaced of her riding a manatee, violating the state’s Manatee Sanctuary Act.

Riding whale sharks is not illegal and Kreis says he would do it all over again if given the opportunity.

“I would absolutely swim with another whale shark,” he said.

MONDAY, JUNE 17, 2013.  2:45 p.m. [GMT]

http://saharareporters.com/news-page/n22billion-secret-government-largesse-84-%E2%80%98lucky%E2%80%99-nigerians-heda-warns-amcon#comment-589189

Could be the last time which I doubt but definitely not the 1st

MONDAY, JUNE 17, 2013.  9:42:00 p.m. [GMT]

FIFA Confederations Cup 2013: Nigeria Super Eagles Maul Tahiti National Team 6-1

Sahara Reporters

Super Eagles line up today Photo credit: Reuters

By SR Sports

After a tumultuous trip to Brazil for the FIFA Confederations Cup tournament, Nigeria’s Super Eagles was defeated Oceania champions, Tahiti, in their first match at the ongoing FIFA Confederations Cup in Brazil.

The match which was played at the Belo Horizonte Stadium started for Nigeria on a good note when the first goal came through Uwa Echejile. Echejile scored by deflecting a shot at the goal keeper at the 5th minute of the first half.

Two quick goals were scored by Nnamdi Oduamadi, who scored a bracer at the 10th and 26th minutes respectively.

Anthony Ujah missed a goal while, Mike Obi lost a free-kick during through first half.

The first substitution of the game came when Brown Ideye replaced Anthony Ujah at the 50th minute and Jonathan Tehau of Tahiti scored a header at the 53rd minute of the game.

The second substitution of the match came when Sunday Mba was substituted by John Ogu.

An own goal was scored by Jonathan Tehau at the 68th minute which made it goal number 4 for Nigeria. Nigeria later substituted Egweke for Kenneth Omeruo at the 68th minute.

Nnamdi Oduamadi scored his third goal of the tournament, which made it the first hat trick of the tournament at the 75th minute, while Uwa Echejile scored his second goal of the match at the 80th minute making it six goals for Nigeria.

Nigeria leads the Group B of the FIFA Confederations Cup.

 

MONDAY, JUNE 17, 2013.  10:19 p.m. [GMT]

Rev. Brother Leo Ryan, CVS.  B.A. (Marquette University), M.A. (De Paul University), Ph.D. (St. Louis University).

Director, Peace Corps (Nigeria), 1960s; Teacher, Administrator, Humanist, Asoju Ataoja, Oba Samuel Adenle I, Ataoja of Osogbo, 1944- 1975.

NOW:    Honorary Doctor of Business has been bestowed at the 2013 Commencement of De Paul University, Chicago, Illinois where Brother Ryan got his Masters Degree, and where he worked for many years.

Scanned bit of the Citation for Dr. Leo Ryan at the Commencement Ceremonies of De Paul University, Chicago where he was bestowed a honorary Doctorate sent to blogger.   Courtesy:  Mary Adenle who was at the Ceremonies.

After Asoju’s installation, Brother Ryan can be seen in full Yoruba traditional attire sporting gobi style fila that is of the same aso oke with the heavily-embroidered agbada, sokoto& gbariye, a bit of which shows. His attire is typical of such chieftaincy ceremonies.

In this picture, the Asoju Ataoja is seen to the left of the Ataoja; Peace Corps members and other dignitaries are also in the photograph.

Both pictures are from the book,  Oba Samuel Adenle I, The Ataoja of Osogbo:  Portrait of a Yoruba Oba.  Depo Adenle with Tola Adenle (nee Adamolekun), Synopsis Press, 2006.

TUESDAY, JUNE 18, 2013.  4:35:15 p.m. [GMT]

n the capital, Brasilia, about 200 protesters – many of them students – clashed with police outside the National Congress building.  The confrontation moved into the fountains in front of the iconic building and protestors eventually made their way onto the roof. They left several hours later after negotiations with police.

More pictures at-

http://www.theweek.co.uk/pictures/53664/cost-world-cup-fuels-street-protests-brazil-pictures/page/1/0?heweekdaily_newslettermailewsletter=#main-content-area

TUESDAY, JUNE 18, 2013.  5:30:16 p.m. [GMT]

I am sorry I haven’t been able to update for a while.

A couple exciting things have happened.

First, we have had another delay in the eviction court date. Due to a conflict in with another case, Jan and Dean’s lawyer asked for a continuance. Grandpa’s eviction hearing is now set for June 26 at 1pm at the Vinton County Courthouse.

Second, we have received the market appraisal. We will be making our offer to buy the house on Monday! I hope and pray Jan and Dean find it in their hearts and do the right thing and sell Grandpa back his house for the fair market price.

Lastly, Grandpa received his flag that was flown above the Capitol Building in Washington D.C. in his honor on his birthday.

Thank you all for your love and support. As soon as I hear if they accept or decline our offer for the house I will post an update. Please keep us in your thoughts and prayers next week!

UPDATE:  June 18, 2013:

Janice and Dean have refused our offer to buy the house. Grandpa’s eviction hearing will proceed on June 26 at 1pm at the Vinton County Court House in McArthur Ohio. I will post more information regarding the details later today.

Incredible!  Will keep you posted.

TUESDAY, JUNE 18, 2013.  6: 08:44 p.m. [GMT]