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Olisa Agbakoba, a senior advocate of Nigeria (SAN), has stated that Nigerians have been held down by powers that had made it tough for them to extricate themselves.
He described Nigerians as being in a cage and unable to free themselves.
Agbakoba, who spoke with BusinessDay in an unique interview, likened the situation of Nigerians to a state of affairs the place a lion is holding its prey.
“If a lion is holding you down, you aren’t more likely to go wherever. So, we’re held down by a weight that we are able to’t shake off, and that’s the drawback,” he stated.
In keeping with him, “There are individuals who have captured the state; they’re benefiting and don’t care what folks endure. So, we’re unable to resolve it. It’s as if it’s a state seize.”
He additionally blamed the issue of Nigeria on the selfishness of politicians, saying, “They like failure of the system as a result of it advantages them and after they profit from the system they don’t care the best way it impacts the financial system.”
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You may have been commenting on the election since they have been held by means of press statements and tv appearances. Though instances are pending on the tribunal which suggests the elections are usually not but over; might we all know your evaluation of the 2023 basic election?
First, given what the chairman of the Unbiased Nationwide Electoral Fee, Mahmood Yakubu promised Nigerians, that the elections have been going to be pains-taking organised elections, nevertheless it wasn’t so; we had expectations.
Even INEC itself has acknowledged its failure; all the key observers – each home and international- have stated it fell under the usual of properly organised elections. It was very poorly organised. One drawback was logistic, late begin, failure of the biometric and violence.
All of us thought that the biometric was going to be a full-proof validation of what a candidate scores nevertheless it seems that each one the INEC chairman says is that the biometric is solely a technique of accreditation, that we nonetheless depend on the previous guide course of and I then marvel.
That led me to evaluation the state of the biometrics within the regulation and I came upon that it was fairly true. That what occurred was that the Nationwide Meeting led us on a wild goose chase.
So, we thought that the biometrics was what it by no means turned out to be which has been invalidated by the choice of the court docket of Enchantment within the Osun case.
What the court docket stated within the Osun case is that the so-called proof of over-voting established by the biometrics shouldn’t be adequate; that it’s vital to attach the biometrics to the previous major rely.
So, the biometrics has not been as efficient as all of us thought it was. INEC has really failed as a result of all people believed the biometric factor is the usual answer. So, that has led to all method of confusion the place events are aggrieved – Peter obi is aggrieved. Atiku is aggrieved; and so they have all gone to court docket and on account of the extraordinarily gradual judicial course of many are anxious (despite the fact that I’m not anxious) that what if Mr. Tinubu- as a result of now we have to recognise that he’s the president-elect, is sworn in on twenty ninth Could, however there may be nonetheless a petition.
So, that has given rise to a whole lot of options – can it (the inauguration) be delayed? The problems of interim authorities which I don’t settle for as a result of it’s not within the structure; Lai Mohammed’s feedback and Obi’s response and all that about treason; a whole lot of confusion on the market which has made the environment poisonous.
However I’ve a easy answer which is to say why is it that the authorized groups of all of the petitioners are usually not energetic? I don’t perceive it; why is it that the Tribunal shouldn’t be energetic? I don’t perceive it, as a result of the elections passed off virtually two months in the past.
Kenya takes solely 14-day cycle to complete their petition, however we take 240 days; why? If the Kenyans can do it in 14 days what’s flawed with us? We have to be pro-active. You see the issue with the Nigerian judiciary is that they’re nonetheless steeped within the principle of 100 years in the past, when the decide sits and does nothing until counsels make an software. Now the judges are pro-active.
So, in Kenya; the Kenyan Judiciary Motto is ‘Sustaining Judiciary Transformation.’ They’re proactive. If it have been in Kenya, the judges would have stated No, No, No, we are able to see the potential of Mr. Tinubu changing into president when the petition remains to be pending; allow us to hear it.
There are usually not too many points to listen to; advanced as they’re the query whether or not it’s worthwhile to win Abuja is one, the query whether or not you may be vice presidential candidate and senatorial candidate is one other one, the query whether or not Mr. Tinubu’s {qualifications} are dated; these may be determined in sooner or later.
All that the court docket does in case administration principle which is to allot time, say – Mr. Obi, your legal professionals one hour; Tinubu, your lawyers-one hour; this is perhaps 9.O’cloclk within the morning; by 6pm they ship a choice. Why can’t it’s finished?
What then do you assume is the issue with our system?
The issue with our system is the selfishness of politicians. They like failure of the system as a result of it advantages them and after they profit from the system they don’t care the best way it impacts the financial system.
Take a look at absolutely the nonsensical financial coverage of Godwin Emefiele. I can’t perceive what that was all about. He didn’t care that hundreds of thousands of Nigerians are struggling. The financial system was dove-tailing. He made a coverage that he couldn’t ship.
He modified the foreign money. OK, could also be, there are good cause; so, the place is the cash?
So, what’s the drawback with this nation the place folks can’t converse. So, it’s as if it’s a state seize. There are individuals who have captured the state; they’re benefitting and don’t care what folks endure. So, we’re unable to resolve it.
The momentum in your complete Nigerians to say, what, let’s shoot the system down shouldn’t be there. Like when folks speak about revolution, like Sowore – it’s not there. If a lion is holding you down, you aren’t more likely to go wherever So, we’re held down by weight that we are able to’t shake off, and that’s the drawback.
Some individuals are saying that the election that introduced within the late Umaru Musa Yar’Adua was additionally closely flawed and that irrespective of how flawed the previous election was, it doesn’t matter something. What’s your take right here?
To begin with, similar to I’ve stated, people who find themselves within the course of and people which might be having fun with the flawed course of haven’t any curiosity to vary it.
So, alongside got here Yar’Adua (as soon as in an extended whilst you have a very good man). So, Yar’Adua got here and stated this factor wasn’t correct; I need to now carry a reputable course of which I might put in place to take away the issues.
I used to be on Uwais Panel, sadly he (Yar’Adua) died.
Since he died, not considered one of what we advisable has been handed. The Electoral Offences Fee has not handed; the query of digital voting has not handed; the query that earlier than inauguration takes place, all petitions ought to end has not handed. Nothing has occurred and since Yar’Adua died there was no different one that has had the honesty and braveness to confess “my election was flawed.’ That’s the drawback.
In case you proceed having unhealthy folks why would they be excited by altering the system? No unhealthy man is excited by altering a foul system; so, that’s the place we’re. So, until you’ll find somebody who understands that Nigeria can not proceed on this rot and that it’s sinking and that until he as President does one thing, we’ll proceed to go down.
With what is going on, some Nigerians are saying they could by no means ever once more take part within the election voting course of within the nation. They’ve misplaced curiosity and religion within the system. What hazard do you foresee for the nation on account of the flawed election?
What I believe that may start to occur is lack of religion within the Nigeria system. Individuals are going to start to say, this Nigeria experiment do we actually want it, as a result of it’s the conflict of ethno-religious curiosity that’s on the coronary heart of the issue.
Political restructuring was a software that might create the house in order that all of us can have our areas so as to categorical ourselves; however even that one is being constrained as a result of these unhealthy folks don’t personal the house, however they’re having fun with the house.
So, I don’t know what will occur however probably issues can spiral down in a method that issues can get uncontrolled. It won’t be such as you see it coming like a rain; you may predict a heavy rain coming; as a result of I’m positive that 90 p.c of Nigerians are severely pissed off and they’re now held down in a cage.
In case you assemble a cage in which you’ll put animals, they’ll’t come out.
It’s like what occurred within the period of slave commerce the place folks got here and hunted human beings and put them in ships; they have been helpless, that’s how helpless Nigerians are, however the day they discover a option to categorical themselves; to precise their liberty, issues will change. There is no such thing as a doubt about it.
Many individuals have puzzled why it seems that the struggle between the APC and LP is threatening to tear apat the ethnic relations between the Yoruba and Igbo races. Different individuals are contesting the election and Atiku Abubakar of the PDP can be contesting the consequence on the Tribunal; why is the deal with Peter Obi?
I don’t perceive it both. I actually don’t know. It surprises me, as a result of Peter Obi is barely Quantity 3 that, really, it must be the Quantity 2 man that must be within the image. That exhibits you that there are many unstated points beneath the desk that we’re not seeing that’s at play.
Clearly, the unhealthy forces, as I name the, would need to use each doable alternative to maintain the system in examine and Peter Obi’s heroic efficiency is a risk that this man is a man to observe, as a result of if he has finished this; even when he loses the petition, there’s a drive, he has opened that cage that has been locked for a very long time.
You may have a whole lot of Nigerians held down in that cage and the forces are actually saying, No, it’s harmful to depart this cage open. And that cage comprises pissed off Nigerians, #ENDSARS kind of individuals; unemployed youths- these sorts don’t care about tribe, faith or sentiments- they only perceive that they’re Nigerians; and they don’t seem to be ruled by these primordial sentiments, that’s the segments that Peter Obi represents. So, to maintain him caged is essential.
Do you consider that president Muhammadu Buhari is the hero of the 2023 election?
No. How can he be the hero of the election? The hero of the election is Peter Obi. I don’t see it personally. The elections have been flawed; they weren’t properly organised. I can solely say that in equity to him, he has maintained a studied distance; that’s the best way I see it. You may’t say he’s an APC man; and naturally he helps his personal occasion; however I can’t name him a hero.
Learn additionally: Nigeria’s hollow democracy
From your individual perspective, what are the doable challenges that the Tinubu administration will face?
One of many large challenges will probably be legitimacy. Theres’ a really robust feeling that the elections have been marred and in equity, Tinubu can’t be blamed. He didn’t organise the election.
You may’t blame him; he didn’t go about telling the INEC give me the vote. The particular person in charge is the electoral administration physique, the INEC; Tinubu has no blame.
All people that goes right into a contest needs to win. The issue is that the election relatively than unite has fractured Nigeria. That fracture has been coming due to the ethnic wars, religions killings; so the fracture has been opened and the election and the outcomes have opened it additional.
So, one of many key issues is that assuming that Tinubu will get elected with this petition, the very first thing he must do is to attraction to the conscience of Nigerians for legitimacy despite the fact that he gained; as a result of individuals are going to say ‘that your victory.’ He might want to actually promote himself and get accepted.
For him to try this he might want to restore fractured state of Nigerians; he must heal the injuries.
The one method he can do it’s to name for a authorities of nationwide unity and deal with the query of political restructure in order that the very issues that maintain us separate may be addressed; in any other case the challenges he’ll confront will probably be enormous.
How would you react to the type of issues we hear; as an example, the Federal Authorities officers going overseas to say the type of issues they are saying about Nigeria and Nigerians?
Personally, I don’t perceive why Lai Mohammed ought to go to America and be speaking about treason merely as a result of Peter Obi is expressing his constitutional rights to say ‘I felt cheated’. I don’t perceive.
In any case, is Lai Mohammed not a part of the outgoing authorities? The one battle now to be resolved is that of election petition; so all people must be quiet.
Once they proceed speaking they proceed to warmth up the already infected ardour.
There’s a name for interim authorities, as a result of some individuals are saying, how can Tinubu turn out to be president and we’re nonetheless having petitions.
So, why is it that everyone that’s shouting, together with legal professionals on all the edges can not see, these are very senior legal professionals, they perceive case administration.
Case administration implies that the elemental goal of resolving a dispute is to complete a dispute earlier than inauguration.
So why are they not taking steps, to say to the court docket, we have to have this resolve earlier than inauguration and we really feel that these questions if reviewed would possibly resolve it. However they filed the petition and so they have gone residence.
Then additionally on the a part of the Tribunal, in addition they have an obligation of their very own energy similar to the Nationwide Meeting will say; ‘there’s a movement of pressing nationwide significance’.
They’ll additionally say this is a matter of pressing nationwide significance and because of this “we hereby challenge the next directives Peter Obi legal professionals, you come on this present day; Tinubu’s legal professionals come this present day; Atiku’s legal professionals, come on this different day. We’re taking over these items and after we tackle these items, we resolve it and all people goes residence; come what may.
What lesson, as a Nigerian do you study from the botched CBN Naira redesign coverage?
The lesson I realized is that Nigeria is a loopy nation; that something goes as a result of I don’t perceive the aim of the redesign coverage. It doesn’t make sense to me as a improvement lawyer. What have been they attempting to realize? I can’t see it.
One lesson I’ve learnt is that that is only a Banana Republic the place any senior officer in energy abuses it.
What has occurred to the CBN governor for taking us via this issue? There’s no consequence. No person is asking him something. He’s above the regulation. He passes a regulation that is mindless; he doesn’t clarify it.
The coverage failed, and he doesn’t have the courtesy to say ‘Oh I meant to realize this; however I’m sorry! However as a result of he’s above the regulation, he doesn’t care that we’re struggling.
However some folks consider it’s Buhari handiwork…?
Effectively, Buhari shouldn’t be the CBN governor. If he did it then sadly, then it implies that Emefiele allowed himself for use. I can not see that it was Buhari, the particular person I noticed do it was Emefiele. So, if he allowed Buhari to make use of him that’s really his funeral.
What’s your recommendation to Nigerians trying on the method issues are within the nation?
My recommendation to Nigerians is that they’ve to face up for his or her rights. We have now taken sufficient of this.
If we don’t make noise there will probably be no change. If folks in energy really feel that they’ll do something and get away with it, then it’s what professor Nwabueze has referred to as impunity.
What avenue can Nigerians vent their frustration because the powers that be nonetheless outlaw actions that gear in direction of civil disobedience, and even peaceable protest?
Nigerians haven’t any energy, they’ve been caged. They’re all on the lookout for their each day bread; they’re so terrified by the state that has turn out to be so large.
When individuals are not in a position to organise they endure in silence and agony. We have now been torn aside by ethnic, spiritual and linguistic points, and there aren’t any nationwide leaders that we are able to aspire to, say this particular person for those who comply with him he’s more likely to take us out. There aren’t any leaders.
All people is egocentric; all people is combating on his little nook for the little cash they’ll make. So, folks can’t say it is a ethical chief like Mandela who if we comply with him, even whether it is 10, 15 years, we will get to the promised land like Martin Lurther King.
We completely have no person like that in Nigeria, we even have political charlatans; that’s why we’re the place we’re.
