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Now that the Supreme Court has ruled, By Jideofor Adibe

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The recent Supreme Court judgement which affirmed the ruling of the Presidential Election Petition Tribunal, was not unexpected. As Abimbola Adelaku, one of my favourite columnists, summed it in The Punch of November 2, 2023, “everyone – and by that I mean people who did not become Nigerians just last night”, did not expect a different outcome.

“Apart from a few who love histrionics and pretended to be pleasantly surprised, I do not know of anyone who imagined that a court that could remove an incumbent president in Nigeria had been composed,” she further wrote.

As the Court of the last resort in the country, the ruling brings to a close the legal challenges to the outcome of the February 25, 2023 presidential election. There are however lasting implications of the election, its aftermath and the ruling of the Supreme Court for the country. These include:

One, some overzealous supporters of the Tinubu government are already pushing the narrative that the ruling of the Supreme Court should be ‘the end of politics’ (to paraphrase Francis Fukuyama’s famous 1989 essay, ‘The End of History’, which he later published as a book in 1992). But this is only triumphalism masked under phrases such as “the time of politicking is over, it is now the time for governance”. Or: “The President should be allowed to concentrate on governance.”

The irony is that the advocates of “the end of politics” are themselves being political. They are either trying to stifle the voices of opposition or blackmail critics of the government, both of which are needed to keep the government on its toes in a democracy, for optimal performance. The self-appointed defenders of the polity would often grudgingly welcome “constructive criticisms” without telling us the metrics for determining the constructiveness of criticisms or who determines what is ‘constructive’ about any criticism.

The truth is that governments want to hear only the echo of their voices or their lap dogs and are usually uncomfortable with criticisms and critics. This constitutes a potential threat to democracy and is one of the reasons why the distrust of government is very high in mature democracies. This in turn is one of the reasons for the high premium placed on freedom of speech in such democracies.

Two, contrary to what many people think, it is not only political parties that could play opposition to the government of the day. Sections of the country could do that – as we saw with the South-West during the Second Republic, the Yar’Adua and Jonathan years (to a less extent). The South-East was also a bastion of opposition to the Buhari presidency. Civil society and labour groups could  equally play the role of an opposition party. In this sense, the fear about the possible emasculation of opposition parties and groups which would imperil our democracy seems unlikely..

Three, it will be difficult for INEC to overcome the sort of  legitimacy crisis that has engulfed the electoral umpire since the last presidential election for as long it is headed by Professor Mahmoud Yakubu.  True, to be chairman of INEC has always been a poisoned chalice and losers always cry foul. However, in the last election, perceptions of incompetence and complicity in perpetrating electoral frauds were so widespread and so well documented by both local and international observers that confidence on the electoral body seems to be at an all-time low since the tenure of Professor Maurice Iwu. In climes where public officials care about honour, Professor Yakubu would have since stepped aside, if not for anything, as a way of taking responsibility for the failings of the electoral umpire despite the humongous sums sunk into it.

Four, the election and the subsequent Supreme Court judgement also underline the need for more electoral reforms. First, there is an urgent need to make it mandatory that all legal disputes are concluded before the inauguration of the President because as Abimbola Adelabu aptly put it in her very compelling column, the court that will have the gravitas to remove an incumbent President from office is yet to be constituted – and may not be constituted in the nearest future. Second,  it may be time to consider having a Presidential Council of six (one from each geo-political zone) where the Council members will take turns in being president for two years while others will serve as Vice President with constitutionally designated powers.

This rotational presidency arrangement, currently practised in Switzerland and the European Union, will not only address fears of being marginalised by various parts of the country, it will also speak to the anarchic nature of our politics. One of the reasons for the Hobbesian nature of our politics is its winner-takes-all character: there is a pervasive fear that the group that wins the presidency will use its enormous powers to privilege its in-group and disadvantage the others.

The Buhari government took this abuse of fairness to a new low (while apparently mocking the rest of us with periodic declarations that his conscience was clear on allegations that he was nepotistic. The Tinubu government seems intent on continuing or even besting that legacy of nepotism, which could mean that by the time he completes his tenure, this may become ‘normalised’, and future leaders will see their tenures as the ‘turn’ of their own ethnic/religious group.

By having representatives of the six geopolitical zones in the Presidential Council, and enshrining in the Constitution that certain decisions or appointments must require the concurrence of all members of the Council) the fear of marginalisation will be attenuated. A single term tenure of 12 years for the Presidential Council will equally give everyone a break from politics which seems to have deepened our fault lines. In any case, it will seem that an increasing number of Nigerians do not even believe that their votes count or that elections are credible vehicles for leadership recruitment. So why waste time and resources on them every four years?

“Ironically, while using presidential powers to privilege a President’s in-groups and disadvantage or weaken others seen as rivals or non-supporters may be the new normal, it actually attracts resentment to the supposed benefitting ethnic group. For instance, it is thought that one of the reasons why it was easy for the rest of the country to unite against the Igbo (who formed the majority in the short-lived Biafran Republic) during the Civil War was the resentment against them arising from their perceived domination of the country during the First Republic.

Similarly, Buhari’s perceived privileging of Hausa/Fulani / Kanuri Muslims during his presidency, led to an unbridled and unfair profiling of the Fulanis during his tenure, with talks of ‘Fulanisation’ morphing into an anti-government mantra. Additionally, quite often some members of the supposed benefitting in-group will be among the most vociferous critics of the act of injustice against others as we saw with Northern Muslims leading the criticisms of Buhari’s nepotism and some Yoruba intellectuals already complaining loudly that cornering the juiciest of appointments does not reflect what the ethnic group stands for.

Five, the election and subsequent Supreme Court judgement once more highlights the fickleness of human loyalty and the transactional character of some politicians, sycophants and influence seekers and peddlers. For instance, shortly after INEC’s declaration of Tinubu as the President-elect, some in the above named category gradually began to adjust their rhetoric to court the attention of the new man in power. One particular character who, prior to the declaration of Tinubu as President carried himself as Atiku’s alter ego, suddenly and shamelessly began to sing a new song.

He sought to ingratiate himself to a man he had openly called all sorts of names, including a baron by tapping into  the government’s perceived proclivities, including praising the Yoruba as the best ethnic group in the world, while berating those he feels are on the black book of the President. We also saw a Senator decamp to the new ruling party, praising the President for his supposed “fairness to all parts of the country”.

The election and the active controversies it triggered also exposed many Nigerians, from across the divides, including some who were previously regarded as national icons, as no more than closet ethnic chauvinists. The reputation of many of these people is unlikely to recover from this. In the end, the election and its aftermath marked the triumph of  politics without principle, and with the Supreme Court judgement, the triumph of the philosophy of the goat follows the man with the palm fronds. Or a triumph of identity politics over politics of principles.

 

Strictly Personal

This Sudan war is too senseless; time we ended it, By Tee Ngugi

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Why are the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RPF) engaged in a vicious struggle? It is not that they have ideological, religious or cultural differences.

Not that people should fight because of these kinds of differences, but we live in a world where social constructions often lead to war and genocide. It is not that either side is fighting to protect democracy. Both sides were instruments of the rapacious dictatorship of Omar el-Bashir, who was overthrown in 2019.

 

Both are linked to the massacres in Darfur during Bashir’s rule that led to his indictment by the International Criminal Court for crimes against humanity. They both stood by as ordinary, unarmed people took to the streets and forced the removal of the Bashir regime.

 

None of these entities now fighting to the last Sudanese citizen has any moral authority or constitutional legitimacy to claim power. They both should have been disbanded or fundamentally reformed after the ouster of Bashir.

 

The SAF and the RSF are fighting to take over power and resources and continue the repression and plunder of the regime they had supported for so long. And, as you can see from news broadcasts, they are both well-versed in violence and plunder.

 

Since the fighting began in 2023, both sides have been accused of massacres that have left more than 30,000 people dead. Their fighting has displaced close to 10 million people. Their scramble for power has created Sudan’s worst hunger crisis in decades. Millions of refugees have fled into Chad, Ethiopia and South Sudan.

 

The three countries are dubious places of refuge. Chad is a poor country because of misrule. It also experiences jihadist violence. Ethiopia is still simmering with tensions after a deadly inter-ethnic war.

 

And South Sudan has never recovered from a deadly ethnic competition for power and resources. African refugees fleeing to countries from which refugees recently fled or continue to flee sums up Africa’s unending crisis of governance.

 

Africa will continue to suffer these kinds of power struggles, state failure and breakdown of constitutional order until we take strengthening and depersonalising our institutions as a life and death issue. These institutions anchor constitutional order and democratic process.

 

Strong independent institutions would ensure the continuity of the constitutional order after the president leaves office. As it is, presidents systematically weaken institutions by putting sycophants and incompetent morons in charge. Thus when he leaves office by way of death, ouster or retirement, there is institutional collapse leading to chaos, power struggles and violence. The African Union pretends crises such as the one in Sudan are unfortunate abnormally. However, they are systemic and predictable. Corrupt dictatorships end in chaos and violence.

 

Tee Ngugi is a Nairobi-based political commentator.

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Air Peace, capitalism and national interest, By Dakuku Peterside

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Nigerian corporate influence and that of the West continue to collide. The rationale is straightforward: whereas corporate activity in Europe and America is part of their larger local and foreign policy engagement, privately owned enterprises in Nigeria or commercial interests are not part of Nigeria’s foreign policy ecosystem, neither is there a strong culture of government support for privately owned enterprises’ expansion locally and internationally.

The relationship between Nigerian businesses and foreign policy is important to the national interest. When backing domestic Nigerian companies to compete on a worldwide scale, the government should see it as a lever to drive foreign policy, and national strategic interest, promote trade, enhance national security considerations, and minimize distortion in the domestic market as the foreign airlines were doing, boost GDP, create employment opportunities, and optimize corporate returns for the firms.

Admitted nations do not always interfere directly in their companies’ business and commercial dealings, and there are always exceptions. I can cite two areas of exception: military sales by companies because of their strategic implications and are, therefore, part of foreign and diplomatic policy and processes. The second is where the products or routes of a company have implications for foreign policy. Air Peace falls into the second category in the Lagos – London route.

Two events demonstrate an emerging trend that, if not checked, will disincentivize Nigerian firms from competing in the global marketplace. There are other notable examples, but I am using these two examples because they are very recent and ongoing, and they are typological representations of the need for Nigerian government backing and support for local companies that are playing in a very competitive international market dominated by big foreign companies whose governments are using all forms of foreign policies and diplomacy to support and sustain.

The first is Air Peace. It is the only Nigerian-owned aviation company playing globally and checkmating the dominance of foreign airlines. The most recent advance is the commencement of flights on the Lagos – London route. In Nigeria, foreign airlines are well-established and accustomed to a lack of rivalry, yet a free-market economy depends on the existence of competition. Nigeria has significantly larger airline profits per passenger than other comparable African nations. Insufficient competition has resulted in high ticket costs and poor service quality. It is precisely this jinx that Air Peace is attempting to break.

On March 30, 2024, Air Peace reciprocated the lopsided Bilateral Air Service Agreement, BASA, between Nigeria and the United Kingdom when the local airline began direct flight operations from Lagos to Gatwick Airport in London. This elicited several reactions from foreign airlines backed by their various sovereigns because of their strategic interest. A critical response is the commencement of a price war. Before the Air Peace entry, the price of international flight tickets on the Lagos-London route had soared to as much as N3.5 million for the  economy ticket. However, after Air Peace introduced a return economy class ticket priced at N1.2 million, foreign carriers like British Airways, Virgin Atlantic, and Qatar Airways reduced their fares significantly to remain competitive.

In a price war, there is little the government can do. In an open-market competitive situation such as this, our government must not act in a manner that suggests it is antagonistic to foreign players and competitors. There must be an appearance of a level playing field. However, government owes Air Peace protection against foreign competitors backed by their home governments. This is in the overall interest of the Nigerian consumer of goods and services. Competition history in the airspace works where the Consumer Protection Authority in the host country is active. This is almost absent in Nigeria and it is a reason why foreign airlines have been arbitrary in pricing their tickets. Nigerian consumers are often at the mercy of these foreign firms who lack any vista of patriotism and are more inclined to protect the national interest of their governments and countries.

It would not be too much to expect Nigerian companies playing globally to benefit from the protection of the Nigerian government to limit influence peddling by foreign-owned companies. The success of Air Peace should enable a more competitive and sustainable market, allowing domestic players to grow their network and propel Nigeria to the forefront of international aviation.

The second is Proforce, a Nigerian-owned military hardware manufacturing firm active in Rwanda, Chad, Mali, Ghana, Niger, Burkina Faso, and South Sudan. Despite the growing capacity of Proforce in military hardware manufacturing, Nigeria entered two lopsided arrangements with two UAE firms to supply military equipment worth billions of dollars , respectively. Both deals are backed by the UAE government but executed by UAE firms.

These deals on a more extensive web are not unconnected with UAE’s national strategic interest. In pursuit of its strategic national interest, India is pushing Indian firms to supply military equipment to Nigeria. The Nigerian defence equipment market has seen weaker indigenous competitors driven out due to the combination of local manufacturers’ lack of competitive capacity and government patronage of Asian, European, and US firms in the defence equipment manufacturing sector. This is a misnomer and needs to be corrected.

Not only should our government be the primary customer of this firm if its products meet international standards, but it should also support and protect it from the harsh competitive realities of a challenging but strategic market directly linked to our national military procurement ecosystem. The ability to produce military hardware locally is significant to our defence strategy.

This firm and similar companies playing in this strategic defence area must be considered strategic and have a considerable place in Nigeria’s foreign policy calculations. Protecting Nigeria’s interests is the primary reason for our engagement in global diplomacy. The government must deliberately balance national interest with capacity and competence in military hardware purchases. It will not be too much to ask these foreign firms to partner with local companies so we can embed the technology transfer advantages.

Our government must create an environment that enables our local companies to compete globally and ply their trades in various countries. It should be part of the government’s overall economic, strategic growth agenda to identify areas or sectors in which Nigerian companies have a competitive advantage, especially in the sub-region and across Africa and support the companies in these sectors to advance and grow to dominate in  the African region with a view to competing globally. Government support in the form of incentives such as competitive grants ,tax credit for consumers ,low-interest capital, patronage, G2G business, operational support, and diplomatic lobbying, amongst others, will alter the competitive landscape. Governments  and key government agencies in the west retain the services of lobbying firms in pursuit of its strategic interest.

Nigerian firms’ competitiveness on a global scale can only be enhanced by the support of the Nigerian government. Foreign policy interests should be a key driver of Nigerian trade agreements. How does the Nigerian government support private companies to grow and compete globally? Is it intentionally mapping out growth areas and creating opportunities for Nigerian firms to maximize their potential? Is the government at the domestic level removing bottlenecks and impediments to private company growth, allowing a level playing field for these companies to compete with international companies?

Why is the government patronising foreign firms against local firms if their products are of similar value? Why are Nigerian consumers left to the hands of international companies in some sectors without the government actively supporting the growth of local firms to compete in those sectors? These questions merit honest answers. Nigerian national interest must be the driving factor for our foreign policies, which must cover the private sector, just as is the case with most developed countries. The new global capitalism is not a product of accident or chance; the government has choreographed and shaped it by using foreign policies to support and protect local firms competing globally. Nigeria must learn to do the same to build a strong economy with more jobs.

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