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Strictly Personal

Ekweremadu, Igbo curse and crime of passion, By Lanre Adewole

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The Law Society of England and Wales, better known as The Law Society, was formed in 1825. It is the professional association that represents solicitors for the jurisdiction of England and Wales and prides itself on providing services and support to practicing and training solicitors as well as serving as a sounding board for law reform. Records have it that members of Society are often consulted when important issues are being debated in Parliament or by the Executive.

This august jurisprudential body thinks the United Kingdom criminal justice system is long broken and needs a retrofit. It believes the sectoral crisis is an emergency and began to rally the public and stakeholders last November to force the government to commence a re-fixing, using its policy recommendations.

In the advocacy, titled “Fix the broken system-back our criminal justice campaign” the body listed the major problems confronting the system, including; increasing shortages of criminal duty solicitors, inefficiencies and unfairness in the system, more and more courts being closed, and crucial evidence not often being disclosed.

The body, currently led by its first Asian-Muslim president in history then delivers a damning verdict, “All of these problems show the criminal justice system is at breaking point. Without urgent action, it will fall apart.Things are going wrong at every level and every stage. It’s become a nightmare journey through the system for the accused, for victims and for solicitors alike.”

The assessment sounds like a Third World country’s situation, but this same wonky system has just recorded “victory” against another Nigerian big-man, just like it has been doing, bringing men and women, feared back home because of their power and influence, to justice, according to what it is, in the United Kingdom.

When now-convicted former Deputy Senate President, Ike Ekweremadu and his wife, Beatrice were arrested in June last year for an alleged organ trafficking offence, the Law Society believed the criminal justice system that would try the couple was anything but functional. Yet, nine months after, Ike and Nwan are about to commence a jail term in London, though appeal windows are still open to them. If the UK criminal justice system, has been, over the years, as broken as the eminent Law Society and other distinguished advocacy groups have pointed out, how has it remained clinically effective against offenders from Nigeria and elsewhere? My guess is that the operators over there have likely resolved to always swiftly make a scapegoat of offending foreigners, while still sorting their domestic mess, so everyone won’t think the system is a latrine, for all kinds of maggots.

Yoruba will call this fear factor, killing patas monkey (ijimere) for its mates to fear the hunter. Nothing buttresses this more than the fact that the Ekweremadus are the first convicts ever, under the Modern Slavery Act of organ harvesting conspiracy, though the law came into existence in 2015. I ran through organ transplant statistics in UK in the last five years. The majority procedure has been kidney transplants. The total for organ exchanges in 2018/2019 was 3,952, 2019/2020, was 3,760, 2020/2021, was 2,947 and 2021/2020, was 3,415. At the risk of appearing to push an allocutus for the couple who now await sentencing on May 5, is the UK authority saying that all the over 13,000 organ procedures of the last five years, not to talk of the whole eight years when the law came into effect, were without blemish in the course of beneficiaries concessioning their kidneys?

While kidney donation is lawful in the UK, their law says the transactional goodwill becomes a criminal enterprise once a reward of money or other material advantage comes into the equation and the donor arranged for ailing Sonia, Ekweremadu’s daughter, was, according to the prosecution, offered up to £7,000 and the promise of a better life in the UK, which allegedly tainted the entire process.

Knowing the way of Nigerians, both the leaders and the led, there was no way monetary offer, wouldn’t have played a major role in the deal. Down here, despite our public piousness, money is the second god we worship. Those who already have it at the expense of the public like Ike and Beatrice, keep seeking more, to secure permanently control over those in lack. The latter are seeking all available means, mostly crooked, to join the big league. Practically no one is satisfied. These days, most of the times, I sit back, to ask the “WHYs” of the rat race.

If the Jurors that convicted the Ekweremadus had seised themselves of the adversarial humanity between men of power in Nigeria and the impoverished victims of their misrule, they wouldn’t have needed a whole 14 hours to come to the guilty conclusion. Ike had told the Old Bailey court that he was advised against seeking a donor among his family. That is strange because family should be the haven to run to, in time of trouble. It is either Ike hasn’t been good to his family or his family isn’t a delight to have. Whatever is the case, it shows there is a dysfunction which must be fixed once his legal troubles are however. For someone who was elected five consecutive times to the Nigerian Senate by his people of Enugu West, it is also strange that no constituent of his, could be approached for the goodwill gesture and had to resort to fishing for a supposed nobody on the street of Lagos. The saddest part is that none of his colleagues would learn any lessons from this. Some would reason he wasn’t smart enough. Some might say it was his destiny to be jailed. The religious ones, might turn to prayer warriors who don’t see sun (permanently kept in the basement) to ward off the kind of evil and misfortune that brought Ike down to zero.

The biggest lesson for anyone to learn in the Ike saga is in the harrowing question thrown at him by the prosecutor; Hugh Davies KC (equivalent of SAN here) which must have influenced the Jurors’s decision. Davies had fired, “From beginning to end, it demonstrates all he (donor) was to you was a body part for sale? Because he was going to get work and he would be paid the 3.5 million Naira, you felt you owed  him nothing?” The Jury system is emotive. Once the members connect to the soul of a story, the fellow on the other side, is in trouble. Considering the mindset that an African big man, which is true for most of them, sees those down the socio-economic ladder as nothing, reason their wailing in difficulty always means nothing, which Jury, would let such a super-charged moment go, despite all the sympathies for Sonia, the ailing one.

The fall of Ike in particular should be a major lesson for us all. As a parent, my heart bleeds for the family. Ike is just a desperate father, trying to do right by his dying daughter who had to quit schooling because of her ailment. Practically all those who convicted him in the UK court and convicting him on the social media, who genuinely love their children, would fall into his error. It is likely easy for him so doing, because the Nigerian environment has always aided his kind in wrongdoing.

Beyond his frailties and hubris, there is a spiritual dimension to the politician’s travails. Christians know it as spirit of error, especially when you touch the anointed of God. In Ike’s case, it could also be a race curse. 48 hours to his arrest, he had gone full blast, unprovoked, against Obi and his own Igbo race, to demonstrate party loyalty. All manner of curse were laid on him. Then Obi did what Jesus prescribes in Matthew 5:44 and the rest, as they say, is history. May the mercy of God find Ike, his beau and Sonia, amen. So sad.

 

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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Strictly Personal

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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