Fashola Wanabe

THE FASHOLA WANNA-BES

Lagos, the center of excellence is one experimental State where specimens of good leadership, corporate governance and mindshifts have been put to work overtime with mixed results of awe and rejection. Since the return to civilian rule in 1999, Lagos has stayed under the “Afenifere” leadership, being the headquarters of the Federal ruling party’s opposition. After the commercial trailblazer Ahmed Tinubu, who created more markets and instituted more business opportunities than before, came the fearless, intelligent, charismatic, tactical and innovative Babatunde Raji Fashola (BRF as he is fondly called). He showed Lagos the true meaning of possibilities, defying traditions and recognizing the power of building institutions without prejudices. BRF took on projects for beautification, sanitization, restoration and expansion of Lagos to a megacity.

Even with the several accolades from several entities, there are undertone arguments of his sheer failure to restore hope to the marginal groups within the state. The bike rider, whose commercial venture has been thoroughly reduced of profitability; the market woman whose taxes have become higher than her children’s school fees; and even the restaurant owner who despite the luxury and sumptuous service she offers has been frustrated by task forces; they would argue to the last on the elitist unpopular government that the Governor has bred over the years

But a critical look at the State’s policies since BRF’s inauguration would show good intentions: of safeguarding the lives of the citizens (which indeed is the essence of true governance) as well as improving the opportunities in the State. The heavy taxes show in the several megacity projects undertaken in the premium areas. But this is not about the successes and woes of the BRF led government over the past 8 years. It is however about what happens to the launch pad of prospects that has been created by the next person to fill in the post.

The Lagos guber-race has indeed been interesting. As a Progressive myself, I have watched the boards, posters and news since the middle of the year and the several candidates make me know that indeed our governor has done such a good job and has inspired hope of office occupation and leadership. I am drawn to question the authenticity of the several heads that have come up either in rumors or in reality to run for the most coveted post of the South West region. One popular face would be Senator Ganiyu Olanrewaju Solomon.  His initials form the last three letters of the state and that was his campaign strategy in 2003 when he was to pick the AD Party’s ticket in representation of Lagos West but was defeated by Tokunbo Afikuyomi. His political career began since 1998. He was elected chairman of Mushin local Government Area in 1999, Federal House of Assembly for Mushin Federal Constituency 1 in 2003; Senate representing Lagos west in 2007 and reelected in 2011. Experience, depth of administrative practices, service and dedication, we can give it up for him.

Dr. Kadri Obafemi Hamzat is another face of colorful posters all around Lagos. His civil smiles come from some experience in political appointments. He served under the Tinubu’s tenure as Commissioner for Science and Technology from August 2005 and was retained by the BRF government until 2011 in that post. He was later reappointed as Commissioner for Works and Infrastructure, an office which he has occupied and served with doggedness and skill. Of course as a successor to the two-time Governor of Osun State, Rauf Aregbesola, it could just be that the office of the commissioner for works is a fore-running-governor-producing office also.

Gbenga Bareehu Ashafa is a well trained public administrator and politician. The Morgan State University Biological Science B.Sc. holder indeed has a lot of experience also with governance. He served as director of planning, governor’s office from 1999-2000, actively served in the Lands ministry from 2001 till 2010 and currently is the senator of Lagos east. If anyone would sustain the lands developments in Lagos, who else than Ashafa?

Akinwunmi Ambode is surely a fine man in the suits, a public finance management expert and Lagos’ Accountant-General between 2006 and 2012. What is interesting is how this young man, the youngest Lagos State government treasury gatekeeper at 37 has remained hidden in “bureaucratic obscurity” up until this run up. Fashola was only a chief of staff before he was presented.

 There are others joining the race with certain party preferences and biases. We would however hope that the primaries would turn out free and fair. Most crucially we also hope that the selected candidate be one of substance, character and competence. APC had better be warned that these are crucial times and Lagosians only want a better BRF: Wrong Candidate equates the loss of the bounty!

ON MY YOLA POSTING

I think I should first of all clear the air. This is in no way a castigation of any authority; neither should it be read as a cry of a pained law student like the recent outburst of the large percentage affected by the strange examination process and results of the Nigerian Law School. It is just a representation of thoughts, fears, concerns and reflections on the part of a great lawyer, seasoned avid writer and thorough and analytical professor in the making. Yeah you can smile and clap about that...

When I heard the news of my posting to the Yola Campus of the Nigerian Law School, I was struck with disbelief and misunderstanding, a mixture of fear, anger and disappointment. All these I channeled to the system, the country, family, friends and myself. I have had to deal with comments, jokes and prayers that have been very heartfelt, consoling and sincere. But the sincere question is why all such negativity for the mere news of my posting to Yola? We are supposed to be one country, one people but for some reason that part of Nigeria has become a nightmare no one wishes his family or friend to be there. Now Yola is in the North Eastern part of Nigeria. It is the capital of the state of Adamawa, which has recently been constantly featuring in the news as part of the Boko Haram disturbed regions. You see, at this point, the convergence of spirituality, reality, rejection, despair and possibility hit me like the usual Lagos Traffic – stuck with no idea of where to go or what to do.

My first thought: No it can’t be possible. I hadn’t even filled Yola as one of my options during the application process, so I wondered why that would happen. I faulted the system. It was obvious that they did not follow the options on the form or someone was changed for me. So why me? I asked in total dejection; then I kept refreshing the page to see if it would change. For some reason I was happy for my haters though. I felt some people would have heard the news or seen Yola and thought to themselves “that serves him right”. To those haters and the system, I say: “There is God in everything we are doing”.

My second thought: oh well I would go on to serve and go to law school next year. I blamed myself. I blamed myself for having such a complicated life where everything wrong must happen first before they go right. I remembered that even when admission lists were released by the Law School my name was omitted, I had to call to get it rectified after some hours of waiting and praying. So maybe I should just wait and hopefully I would eventually become a lawyer. Some crazy options came to mind but they were as good as damning the faith and all that I believed as a person. But I debunked the ideas because of this faith and positive clairvoyance I have about my 2014/2015 Law school experience.

My third thought: try and work this thing out and get back to Lagos or some other campus down south. I blamed family. I blamed family for not knowing anybody in high places that could help with the posting. And I blamed myself too because the opportunity to “work it” came in school but my mindset of doing things differently blindfolded me to the truth and reality of the Nigerian system. And yes I blamed friends because I had my fair opportunity to get it worked but it apparently failed. So I started looking around and found some family and friends that have been there all the while but I didn’t deploy at the right time. Now here I was sad but took happiness in the knowledge of the newly found force I could deploy.

My fourth thought has haunted me since that day. This is where I come to. Since then till now, a few friends have said accept it in good fate, some have joked hardly about it, a few others not in the same words have meant the same thing. And once I thought about it. What if I got to Yola and upon entrance I was abducted or upon the continuation of the program all the lawyers to be are abducted or even sent as sacrifice to the political gods of the Boko Harams in bomb attacks. I am a Christian, and the Nigerian Law School represents a body of thorough legal education – two standards the Boko Haram vehemently kill and die for. I thought about #BringBackOurLawyers and how my family and all my current joking friends would go to church the first few days and pray and after a while make mockery of the movement in phone calls, text messages, tweets, Facebook statuses and even Personal messages on other media. I am sure I just heard a ‘God Forbid’. But what if all these do not even happen? I currently don’t even know anyone in Yola law school. Results from there the last time were poor; they probably hide and pray to read in peace. And I thought: how my first class Christian brain would prop-up all these and more for fear and uncertainty. And just when I was reporting the matter to the Faculty, I got news that there was a military craft crash in YOLA again!!! Toh!!!! Of course they were not just uncertainties

You see, one of my favorite constitutional provisions is the one that says I have the right to freedom of movement. Another one is that of owning property anywhere in the country. I believe that the construction of these provisions must have been by well meaning drafters who saw a one-Nigeria:  A place where people live in peace, harmony and unity; a place where residence, learning and working would not be determined by space, culture or religiosity. That is the Nigeria I envisage and I live it daily; but with these fears in my head and the minds of family, friends and even my Faculty back at school, I doubt I can bear the life. But on a serious note the Nigerian Law School and other bodies should not send students to such areas of insurrections, riots and chaos. I want to believe that the reason for making six Law Schools scattered around the six geo-political zones was for ease of access to those resident in those areas. If this is anything to go by I should either be in Lagos or Yenagoa campuses. But oh well no be so e happen.

A lot of drama has ensued since then till now. The Nigerian Law School is to resume on the 17^th and as of now I still have Yola on my name. But the experience has taught me a lot of lessons with life. One is that our country has a long walk towards unity. The best of the lessons remains this: it is always a personal race, so run it with vigor, hope and the end in mind.

With all the fears at heart, it is obvious there might be no faith that can carry me as a “child of God to go into the Lion’s Den and not be eaten like Daniel”. Or maybe I could start building it but my lovely mother who has been a financial and emotional backbone since age three would surely not risk her great son’s life and sell him for a token of 295,250 naira. Oh sorry add flight money to and fro and also provisions and pocket money to it.

Like The Man in Ayi’s The Beautiful ones are not yet born I do not resign to “good fate” as some friends call it, but to flow with the tide of the system- just this once. I declare my act of making something work in my favor for personal gain and not national allowance. Special shout out to my friends who have asked about the matter and prayed about it. And my all time Paddy @Ojhordee for breaking the news to me CNN. May Enugu Law School be interesting and produce a great lawyer in you!! And to Jeffery, my Yola partner, we are not going!!! We remain loyal to the Team No Yola Course. I should remind you it is all for the laughs. I could only write to release my frustrations. SIGH!!! Relief!!!

My dream of a Clean Nigeria

So it is a cool evening and I hear the whispers of the wind, wincing through the blinds of the curtain as i lull on the brown tiles of the room. I observe the roughly painted wall that has this ancient sized clock hanging at the extreme right as though it could fall at any point and beneath it is a calendar of two years ago. I stop to wonder why it has not been changed but my tired spirit is not motivated to continue the thought so I ease out of it as gently as I can, slow, steady and out. Then the walls get dimmer and darker, till all I can see is darkness and maybe just something else I really can not figure out. But it is something that looks dark. I try to stare at it but it does not seem like anything I can get from my vast vocabulary of nouns and nomenclatures. Since I couldn't see anything meaningful I decided to dream, like it was an exercise, or a function of will. But that's what I wanted and I knew I would get it. Just then, I saw myself sitting on a slab along a busy road somewhere around the town.
Of course, everyone knows Lagos is a big and bustling city that never sleeps. Yes that was were I was because I could see the green hanging board from the tunnel that wrote "Egbeda, Ikotun, Exit 200M only". the roads were clean, the street light shone into my eyes that I felt like I should wake up. There were hidden street cameras and cars moving to and fro fast. Some were turning right and others left, without blasting the horns and no hawkers by the street to sell pure-water nor 'gala'. Just at every 100 meters there was a neatly kept trash can and the tarred roads were so tyre friendly you could hear the feel of the friction between the cars and the roads as they took their conductors to their destinations.
I am passionate about having a clean nation. I stopped trashing wastes anywhere I could since this passion gripped me and I talk about it with everyone I "catch" trying to trash even just a pure-water sachet. Cleanliness they say is next to godliness and so to exhibit that in all our seeming religiousness we need to start the change from us. The next time you have gala or La Casera please keep it in your bag if you don't find a waste basket till you see one. Try as much as possible not to urinate or excrete on the road. No matter how bad it is, walk into an eatery, bank or public service office closest to you and ask to use the rest room, in the case there is no public toilet in view.
As I came down from the slab, there was this red Peugeot 206 dented by the rear left that had swayed off the other side of the road and came face-to-face with me. The flash light was all in my face and I could not help but open my eyes. I stretched only to feel the waste basket by me. I finally stood up, threw the paper i had just shredded before my "dream" into the basket and walked into the room to get a good sleep after three long days of work with barely three hours of sleep.
Keep your environment clean...

Opinion: On Rethinking the Provisions of Section 285(6) of the Constitution as Amended on Election Petitions for a Stable Constitutional Democracy

Introduction:

1.     With a background understanding of the nature of electoral processes in Nigeria over the years, it would seem an impossible task breaking through the seeming merry-go-round process that is has been. Until recently, the elections time-table have been similar throughout the country. What is obtained now is that gubernatorial elections in states like Ondo, Edo, Ekiti and the likes have been irregular with the other states as a result of Electoral Tribunals that ousted the then alleged and judged illegal incumbent governors. To stall such situations, the Section 285(6) of the constitution had to be inserted in the constitution as part of the amendments to the 1999 Constitution. 

2.    At the passage of this amendment, there was some applause for the Legislature on their ability to make laws that would indeed work for the good governance of the country but in the light of interpretation of the law when put to test in our courts, the contrary has been the outcome. It is with this backdrop that there is the need to rethink this section of the Constitution.

The Law

1.     The Section 285(6) of the 1999 Constitution of the Federal Republic of Nigeria as amended states as follows: ”An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition”.

2.    In the consolidated cases of ANPP v. Alhaji Mohammed Goni & 4 Ors and Alhaji Kashim Shettima & 1 Other v Alhaji Mohammed Goni & 3 Ors., with suit numbers SC. 1/2012 and SC.2/2012 respectively, the decision of the Supreme Court gave interpretation to this Subsection as:

‘an election petition tribunal must mandatorily deliver its judgment within 180 days from the date of filing of the petition, failing which, the tribunal becomes automatically stripped of its jurisdiction to continue further hearing of the petition’.

3.    The Court held, per Onnoghen JSC, that “it has been held by this court in a number of cases including consolidated appeal nos. SC/ 141/2011; SC/ 266/ 2011; SC/ 267/ 2011; SC/ 282/ 2011; SC/ 356/ 2011; SC/ 357/ 2011: Brig. Gen Mohammed Buba Marwa & Ors vs Adm. Murtala Nyako & Ors delivered on 27th January 2012 that the time fixed by the constitution is like the rock of Gibraltar or Mount Zion which cannot be moved; that the time cannot be extended or expanded or elongated or in anyway enlarged; that if what is to be done is not done within the time fixed, it lapses as the court is thereby robbed of the jurisdiction to continue to entertain the matter. It is very worrisome that despite the decisions of this court, since October, 2011 on the time fixed in the constitution, some of the justices of the lower court still appear not to have gotten the message. From where will the election tribunal get the jurisdiction to entertain the retrial after the expiration of the one hundred and eighty (180) days assigned in the constitution, without extending the time so allotted? Do the courts have the vires to extend the time assigned by the constitution? The answer is obviously in the negative”

Comments:

1.      Considering the law prima facie would present no bad intent by the law makers, neither would it suggest such mechanical jurisprudence as is evident in the interpretation rendered by the Supreme Court. Indeed the law makers must have intended that the 180 days (6 months) period that is stipulated by the amendment would help the electoral process a great deal. It is suppose to instill sanity and some sense of alacrity on the part of the petitioners as well as the members of the tribunal.

2.      Justice delayed is justice denied and therefore the need to be brisk, thorough and careful about such petitions that call national trust and popular representation to question, hence the necessity for such an amendment. This point is further buttressed on the need to instill a sense of stability to the democratic process and ensure that the nation fully runs on similar and not confused lines.

3.      On the other hand however, justice rushed is also justice crushed; and so some judicial opinions have been based on the arguments that the law seems to insist on hasty proceedings which may forestall justice. This is however not too grounded based on the fact that if an election occurred today, procedurally, the best forms of evidence that can be gathered would only be obtainable within the earliest future date and 180 days should represent such a period.

4.      The law in itself is a clarion call to ensuring that petitioners be on their best and put in expertise, professionalism, enthusiasm and indeed due diligence in probing electoral matters. The only shortcoming that could be perceived is such peculiar cases which in themselves cannot all be preconceived by the law makers, and so the need for a general situation applicable to everyone is what is represented in the law.  

5.      Besides a petitioner should not bring vexatious and ungrounded reasons for complaints before a tribunal and defense should also not be unnecessarily dragged and prolonged as this was the mischief sort to be corrected at the drafting and passing of this law.

Conclusions

1.     Standing on the principle of the mischief that this law sort to correct, it is my submitted opinion that the section 285(6) of the Constitution of the FRN remains a worthy amendment.

2.    I also submit that the decisions of the Supreme court on the interpretation of this constitution are in line with the principles herein adduced. However, I do not subscribe to the emphasis on time rather than on diligent prosecution.

3.    The only addition that I propose is that the law should provide for such extension of time based on incontrovertible evidence of diligent prosecution but insufficiency of time, which in my opinion would indeed be rare. The Courts should be given the power to extend the 180 days period for a definite period also on evidence of such.

4.    The injustice purported to be worked by this law doesn’t really exist as justice is not a relative term but should also not be abused on a journey of eternity due to unnecessarily prolonged issues.

Welcome

Goodmorning Great People!!!!
For about two months now, the Ready Writer has been hosted by some Okezi guy's contacts but thanks to you all, The Ready Writer officially gained independence today the 27th of September and has all of its work done from his own appartment- This blog!!!!! there would be writings of several kinds put here. Academic, political commentary, argumentatives, expository, instructional, whatever it is that could be written, the Ready Writer is ready to write. This is the first launch, and your comments, your suggestions and critiques are highly expected, welcome and never would be disregarded. Others say LET'S DO THIS!!! The Ready Writer says YOU WILL SUCCEED!!!