By Engr Bolaji Ekundayo
Having read a story credited to a so-called group of lawyers, which styles itself as Coalition of Nigerian Legal Practitioners, under the above title, which was published in an online news medium on Tuesday, October 31, 2023, we are compelled to make the following statements, clarifications, and disavowals in ripostes.
Whereas the Coalition is entitled to its right of association and expression, the exercise of that right must be responsibly pursued in the interest of the common good of the nation. It will amount to outright treachery to deploy that right in promotion of mischief, misinformation and falsehood in deliberate and desperate bid to demonize the Chief Executive Officer (CEO) of the Nigerian National Petroleum Company Limited (NNPCL), Mele Kyari.
We are in a period of partisan frenzy and while it is understandable that various interests would be asking for the heads of others in order to supplant them with their proxies or candidates, it our considered view that a verifiable record of performance should not be dismissed with a wave of the hand just to accomplish a deviously self-serving end or group interest.
Skimming through the report in question, it was clear that the reasons canvassed by the so-called Coalition of Nigerian Legal Practitioners for writing a petition to President Bola Tinubu and calling for an overhaul of the NNPCL were tenuous: Petrol scarcity and arbitrary price hikes.
Members of the Coalition have obviously displayed their apparent lack of understanding of the workings of the NNPCL and the intricate dynamics of the fuel pricing template in a deregulated downstream petroleum sector and which is much more circumscribed in the aftermath of fuel subsidy removal. Should the Coalition be blaming the NNPCL for hikes in pump price of fuel when it is determined by the forces of demand and supply of the produce and price of crude in the international market? The hikes in fuel prices are not and cannot, therefore, be attributed to the administrative decision or action of the NNPCL management.
The Coalition position that Premium Motor Spirit (PMS) is scarce is outright falsehood. The fact of product availability is obvious. Motorists are moving in and out of fuel stations nationwide to buy the product. The only point that enjoys nationwide approbation is that a vast majority of motorists are illiquid and therefore their weak purchasing power cannot accommodate purchase of PMS in the quantities that they were hitherto buying it. The monetary and fiscal policies that would appear to constrain the purchasing power of Nigerians are not directly within the remit of the NNPCL.
The Coalition should very well refocus its attention on helping to create a conducive environment for the NNPCL to operate maximally for revenue generation to bolster the nation’s forex market and foreign reserves. Protest marches will be counterproductive and would not augur well for any non-state actors to embark upon against the NNPCL or the federal government in its entirety.
The NNPCL management, under the superintendence of Mele Kyari, has patriotically and assiduously worked towards building a stable oil industry for the nation’s growth and development. He has done a good job in positing resounding successes since stepping in the saddle.
Specifically, when Mele Kyari assumed duty as the group managing director of the now-defunct Nigerian National Petroleum Corporation (NNPC) on July 7, 2019, it was at a critical period not only in the life of the corporation but also for the entire Nigerian oil and gas sector as well as the national economy.
It was a turbulent period characterised by low production, burgeoning vandalisation of oil pipelines, oil theft on a grand scale, and demoralised staff members of the corporation. But as an insider, he understood very well the workings of the NNPC system. Within days of his appointment, he unveiled his “Roadmap to Global Excellence” anchored on the TAPE Agenda. In the roadmap, TAPE represents Transparency, Accountability, and Performance Excellence. Throughout his time as NNPC GMD, TAPE remained the guiding rubric of his administration at the corporation.
With his appointment by Nigeria’s President Muhammadu Buhari as CEO of NNPCL, the successor company to the NNPC under the new dispensation ushered in by the petroleum industry act, which came into force in 2021, the TAPE became the standard for steering the new company forward in a global economy.
Kyari had scaled a number of hurdles, including the mindless theft of Nigeria’s oil by criminal cabals and individuals, which had left Nigeria for a long time unable to meet its oil production quota. The NNPCL management, under Kyari’s astute leadership, launched the “Crude Theft Monitoring Application”. The portal has application options for reporting incidences of crude theft, with prompt follow-up and responses, and another one for crude sales document validation. In a subsequent operation that followed, Kyari announced the discovery of a four-kilometer illegal oil connection line from Forcados Terminal into the sea which had been in operation for nine years.
Certainly, efforts at checkmating crude oil theft and illegal refineries have been yielding positive results as there has been a significant spike of daily oil production to 1.6 million barrels per day. In addition, according to Fourth Quarter 2022 figures released, Nigeria has regained its position as the largest crude oil producer in Africa, ahead of Algeria’s 1.021mb/d and Angola’s 1.088mb/d in November 2022.
The management of NNPCL under Kyari addressed persistent oil loss that the old NNPC had suffered before he became its helmsman in 2019. In 2022, the company posted its second consecutive year of ‘profit’ announcing N674.1 billion in the 2021 financial period and growing it from N287 billion in 2020. The figure represented an increase of N387 billion or 134.8% when compared to the previous N287 billion recorded in 2020. Kyari, who made the disclosure via the verified Twitter handle of the company, said the improvement followed the approval of the 2021 audited financial statements by the board of the oil company. He said the NNPC Limited has progressed to a new performance level from N287 billion profit in 2020 to N674bn profit after tax in 2021, moving higher by 134.8% year-on-year profit growth.
Aside from recording profit for the company, Kyari has also led the NNPCL to resolve age-old disputes with its business partners, notably the International Oil Companies (IOCs). This is part of its efforts at boosting Nigeria’s crude production and unlocking investments in the Deepwater space in the aftermath of the coming into being of the PIA. Consequently, the NNPC and the IOCs signed various production sharing contracts (PSCs) agreements that would ensure the production of about 10 billion barrels of crude oil and generate over $500bn. The agreements are the Production Sharing Agreements, Dispute Settlement Agreements, Settlement Repayment Agreements, and Escrow Agreements.
A notable accomplishment of Kyari’s leadership of NNPCL is the payment of Nigeria’s joint venture cash call arrears to the IOCs totaling $5.1 billion. This was made possible through the introduction of the Alternative Funding Approach (AFA), which replaced the erstwhile cash-call payment model. The AFA model allowed for the utilization of NNPC’s own funds to finance its share of joint venture operations, thereby reducing the country’s reliance on external borrowing and increasing the flow of investment into the industry. Many oil-producing African countries have since adopted this initiative.
Significantly, NNPCL and Addax Petroleum Company signed an asset transfer agreement to bring an end to the dispute surrounding Oil Mining Leases 123/124 and 126/137. With the agreement, the dispute over OMLs 123/124, 126/137, operated by Addax Petroleum Nigeria Limited, has finally been resolved. The production sharing contract for the blocks was initially signed in 1973 between NNPC and Ashland but was terminated after 25 years.
Besides, NNPC signed various Memoranda of Association (MoU) with many countries, including the national oil companies of Ghana, Gambia, Guinea, Guinea Bissau, and Sierra Leone in furtherance of the planned Nigeria-Morocco Gas pipeline project. The Nigeria-Morocco Gas Pipeline (NMGP), an initiative of the federal government of Nigeria and the Kingdom of Morocco, is a 5,600 kilometers gas pipeline project traversing 13 African countries namely: Nigeria, Benin, Togo, Ghana, Cote d’Ivoire, Liberia, Sierra Leone, Guinea, Guinea Bissau, Gambia, Senegal and Mauritania to Morocco. When completed, the project would supply about 3 billion standard cubic feet of gas per day (3bscf/d) from Nigeria to the Kingdom of Morocco and subsequently to Europe. In 2022, the NNPC Limited sealed a $1.4 billion external project finance agreement for hydrocarbon projects in the Niger Delta. Codenamed Project Panther (under the NNPCL/Chevron Nigeria Limited joint venture), the agreement was signed at a ceremony in London.
That same 2022, the NNPCL, pursuant to its vision of maintaining a leading position in the Nigerian petroleum downstream sector, acquired OVH Energy Marketing (OVHEM), owner and operator of the Oando downstream assets. Through this acquisition, NNPC Retail Limited will build on the existing success of OVH and operate model service outlets leveraging OVH’s extensive asset base and commercial capabilities. But, by far, one of the most impressive accomplishments of Kyari’s stewardship at NNPCL is the flagging off in November 2022 of the Kolmani Integrated Development Project in Bauchi State marking the commencement of effort to commercially exploit oil in the Northern part of Nigeria.
The Kolmani Oil Field, estimated to have a reserve of about one billion barrels of crude oil, OPL 809 and 810, lies in the Gongola Basin of the Upper Benue Trough, straddling Bauchi and Gombe States. The oil blocks are owned by the NNPCL as a concessionaire with New Nigeria Development Company Ltd, Africa Oilfield Movers Ltd, and SEEPCO as partners. The well is expected to produce 50,000 barrels of oil per day during the first phase.
Equally noteworthy is the near completion of the Ajaokuta-Kaduna-Kano Gas Pipeline Project, which is currently at 70 percent. The AKK Gas Pipeline Project was inaugurated by President Muhammadu Buhari in June 2020. Kyari said over $1.1 billion of the $2.5 billion, earmarked for the over 600 kilometers facility, had been spent so far with the entire money coming from NNPCL’s own funds. The AKK Gas Pipeline Project will have the capacity to transport two billion standard cubic feet of natural gas daily to three proposed independent power plants in Abuja, Kaduna, Kano, and other gas-based industries, including other identified and proposed commercial off-takers along the entire pipeline route. Kyari was quoted to have said that the project was one of the most massive projects the NNPCL had undertaken and was of “immense proportion and value to our country and to the socioeconomic growth of our country.”
In addition to the giant strides outlined above, Kyari had also initiated the rehabilitation and upgrade of the Port Harcourt, Warri, and Kaduna refineries. He had also unveiled programmes and policies that had enhanced transparency and efficiency in the operations of the company. These include the setting up of a new trading subsidiary, the establishment of a new crude oil marketing division, and the implementation of a new performance management system, which enhanced accountability in the Nigerian oil and gas sector by publishing monthly financial and operational reports.
Without a doubt, appointing Kyari to head the NNPCL is one of the best decisions taken by President Buhari as leader of Africa’s most populous nation. It is also significant that President Bola Tinubu is tapping Kyari’s expertise. This scenario is exciting to discerning industry stakeholders, but not mischief makers planning and sponsoring protests.
Dr. Ekundayo, a petrophysicist, writes in from Port Harcourt, Rivers State.
NASS welcome moves to amend Electoral Act 2022
By Ehichioya Ezomon
Many Nigerians agreed – and had hoped – that the amended Electoral Act 2022 would be a game changer in terms of its dynamism and innovation to cure obvious lapses in the electoral system, and ensure credibility and transparency of elections.
But as shown in the process, outcome and aftermath of the February-March 2023 General Election conducted by the Independent National Electoral Commission (INEC), a lot of loopholes and wiggle room still exist in the system.
Trust politicians, they’ve exploited these flaws for selfish ends. Even those that’d long shot – or no shot at all – at the offices they vied for, have taken undue advantage of the inadequacies in the electoral law to blame their opponents – and not themselves – for their defeats at the poll.
Particularly excoriated are INEC and the All Progressives Congress (APC) for alleged connivance – that’s largely unproven in courts when the accusers were given opportunities to do so – to deny members of the opposition the reported mandate Nigerians gave to them on poll day.
Hence the refrain, “We will retrieve our ‘stolen mandate’ in court,” which they failed to achieve, as the courts dismissed most petitions and/or appeals as “incompetent and lacking in merit” – judgments that’ve given rise to further allegations of compromise of Judges handling electoral matters.
No court – from the High Court to the Supreme Court – is spared these odious allegations bandied by defeated candidates, their cronies, supporters and political parties because there’re no sanctions – and if there’re, no one has been held to account – for such spurious charges against political opponents, the governing party, Judges and the entire Judiciary.
To the extent that lately, the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, was hard-pressed to urge Judges not to abandon the law for “emotions of the mob” in the consideration of matters before them.
At the swearing-in of 58 new Senior Advocates of Nigeria (SANs) in Abuja, Justice Ariwoola said: “I expect every judicial officer to work very hard and also be very honest and courteous to the litigants, witnesses and members of the bar, and discharge all your judicial functions with all the humility at your command.
“Even while doing this, it is still necessary to have at the back of your minds that public opinions, sentiments or emotions can never take the place of the law in deciding the cases that come before you.
“The law remains the law, no matter whose interest is involved. In all we do, as interpreters of the law, we should endeavour to severe the strings of emotion from logic and assumption from fact.
“We should never be overwhelmed by the actions or loud voices of the mob or crowd and now begin to confuse law with sentiment or something else in deciding our cases.”
Nonetheless, the moves by the National Assembly (NASS) to review the Electoral Act – soon after the courts have put to rest the virulently-contentious February 25 presidential poll – should appease those aggrieved over the fallouts from the elections.
The Chairman, Senate Committee on Electoral Matters, Sharafadeen Alli, on Channels TV’s Sunrise Daily on November 21, hinted about the Senate musing on extensive review of the Electoral Act 2022.
Senator Alli (APC, Oyo South) – affirming that the 2022 Act was a game changer, and yet, not a perfect legislation – listed some areas (for amendments) that drew the ire of the electorate during the 2023 elections.
They include, mandatory conclusion of pre and post-election matters before inauguration of election winners; binding electronic transmission, and upload of results to the INEC Results Viewing (IReV) portal realtime; and conclusion of petitions and appeals before swearing-in of poll winners.
He said: “I must say this, there can not be a perfect legislation. After every legislation, you see gaps and that is when power that is given to the judiciary will tap into this clause.
“We must praise the 9th (National) Assembly under Senator (Ahmad) Lawan (former Senate President) for coming out boldly to pass the Electoral Act; it is the fundamental change in our electoral system.
“BVAS (Biomodal Voter Accreditation System) machine is like a game changer, unlike the Card Reader. When the card reader does not work, we will fill the incident form, and we knew (what voters) used that for. But as soon as you bypass the BVAS this time around, the election is null and void. That is one of the things that we are doing going forward.
“And whatever we say on every legislation, there has been an improvement on the previous ones, and we say things are getting better (even if) there are errors there as well.
“Under the current law, it is not mandatory for INEC to upload (poll results). That is what the courts have said: ‘Enter the law.’
“But as we are going forward, it (upload of results) is going to be mandatory. It is just to ask INEC to make sure we improve our technology and ensure that the thing is there.”
The Senate, in its retreat in Akwa Ibom State in October – which precursored the Lagos retreat by the Joint Committee of the National Assembly on Electoral Matters – set up a committee to attend to electoral reforms in advance of the 2027 polls.
Rising from the three-day Lagos parley, the committee – which demonstrated the seriousness of observed lapses in the Electoral Act, and the importance of remedying them for the 2027 electons – resolved to pursue and conclude the amendments before the end of 2024.
In the course of its deliberations, the committee took cognisance of, and reviewed recommendations from local and international election observers, who elaborated on citizens’ experiences with the 2023 elections.
Areas for amendments include: * The challenge of appointment of non-partisan persons into INEC that hinders its independence and integrity. * Issue of minimum educational qualification of candidates for elective offices. * Conflicts arising from decisions of the courts over pre or post-election matters.
Others are: * The use of BVAS technology in electoral process. * INEC’s recourse to reconfiguring the BVAS machines (wiping prior data) before fresh election. * Lack of clarity in documentary proof of non-compliance with the electoral law. * Operational challenges in INEC as per electoral offences. * Issue of internal democracy that splinters parties, and breeds anti-party activities.
To success in its task, the Joint Committee will carry out extensive consultations with constituents, the public, and other stakeholders, to ensure inclusive participation; collaborate with the NASS Constitutional Review Committee, to address areas of elections that require alteration to the amended 1999 Constitution; and work with technical experts to prioritise and articulate issues for amendment.
The NASS leadership has given the assurance for a timely amendment of the Electoral Act, to enhance transparency and accountability in the electoral processes.
The November 29 commitment comes in Abuja at a “Citizens’ Townhall on Electoral Reform,” organised by Yiaga Africa in collaboration with the Senate and House of Representatives Joint Committee on Electoral Matters.
Senate President Godswill Akpabio said: “For the electoral process, we are committed not only to go along with the people on the call for reforms on electoral framework, but at the same time protect the independence of the electoral commission and restore the trust of the people in the electoral process.
“This administration is ready to work with anyone and everyone that is interested in the progress and development of this nation. This is not only on issues on electoral reform, but also in formulating initiatives and policies that will revamp our economy and put us on the driving seat of industrial and economic advancement.”
Similarly, House of Representatives Speaker Tejudeen Abbas said: “There is no gainsaying the fact that credible elections are the bedrock of any democracy, and Nigeria stands the risk of reversing the gains of the last two decades if we do not fix our elections.
“The 10th House of Representatives is committed to championing legislative initiatives that promote fairness, transparency and accountability in our electoral processes.”
Critics, who, in the wake of the 2023 elections, shredded the entire Electoral Act 2022, have the opportunity now to contribute their quota to making the law a “perfect” one of their dream.
This is as Nigerians, and the global community look forward to the NASS, to translate its zeal, commitment, and timely commencement of reforming the electoral process into enhancing credility and acceptability of our elections.
Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria
Natasha Akpoti-Uduaghan: Beauty, brains, brawn on eve of 44
Natasha Akpoti-Uduaghan: Beauty, brains, brawn on eve of 44
By Tunde Olusunle
She was a breath of fresh air when she joined the political fray in Kogi State. She’s an attorney who is reputed for her efforts in advocacy. She is also a multitasking entrepreneur and dedicated philanthropist. She certainly was not the first woman to aspire to elective office in the “confluence state,” an alias which derives from the convergence of Nigeria’s largest two rivers in the capital of her state. She came, however, with distinctive flair, style, guts, grit and elocution. The trademark veil over her head re-echoes memories of the iconic former Pakistani Prime Minister, Benazair Bhutto. Like Bhutto, Natasha Akpoti-Uduaghan is cerebral, self-confident, articulate, charismatic and strong-willed. Recall she outrightly rejected the congratulatory message of Yahaya Bello, outgoing governor of Kogi State, after she floored Sadiku Ohere, the former’s candidate for the Kogi Central senatorial seat at the appellate court weeks ago. Akpoti-Uduaghan alluded to attempts on her life by Bello’s henchmen in the run-up to the February 25, 2023 general elections. On that occasion, she ran for the Senate on the platform of the Peoples’ Democratic Party, (PDP), against Bello’s candidate, Ohere, who contested on the banner of the All Progressives Congress, (APC).
Akpoti-Uduaghan started out years ago as a member of the APC in Kogi State. She aspired for the governorship ticket of the party in the lead up to the 2019 poll to no avail. Frozen out of the APC scheme, she moved over to the Social Democratic Party, (SDP), and made serious waves on her campaign outings. As she prepared to launch out on her second political advent and participation in the 2023 polls, Bello, according to Akpoti-Uduaghan, offered her the sum of N50million to jettison her ambition. She turned it down without batting an eyelid. She was similarly unimpressed with Bello’s increment of his offer to N70million. She told him she was not in politics for primitive fiscal acquisition, but was driven by a genuine conviction to serve her people. Bello, she confirmed, was furious at her unbending resolve.
And so she was back again on the campaign dais like the proverbial phoenix ahead of the 2023 political cycle. The proverbial ram in Yoruba folklore which took a few steps backwards in a contest with its challenger did not back out of the duel out of cowardice. No. It retreated to gather more steam and velocity to fight more pointedly and more determinedly. Akpoti-Uduaghan undertook due diligence about the most appropriate political vehicle to help the actualization of her quest. Despite efforts to annihilate the PDP at all levels by the incumbent APC, she was convinced that that party would serve her purposes. And so, she was on the road again, repeatedly touring the five local government areas in her senatorial district and spreading the gospel of the kind of impact she would bring to bear on her people if voted into office. She severally toured Adavi, Ajaokuta, Okehi, Okene and Ogori-Magongo council areas within her senatorial catchment sensitising her people and requesting their support for her bid.
The APC was paranoid on the eve of the February election on account of Akpoti-Uduaghan’s ever rising political profile. Totally bereft of ideas about how to stop the rampaging amazon, agents of the APC excavated all three accesses to the PDP senatorial candidate’s home. The idea was to prevent electoral officials from reaching her community and its environs, with the aim of disenfranchising that critical constituency in the poll. Akpoti-Uduaghan also noted that that orchestrated action could compromise her personal security and the safety of her people in the event that they had emergencies. Bello would thereafter concur to the act, saying the action was taken in the PDP senatorial candidate’s best interests, to prevent intending terrorists from attacking her on the eve of the election, a most unintelligent alibi.
After the senatorial election of Saturday February 25, 2023, the Independent National Electoral Commission, (INEC), declared Abubakar Sadiku Ohere of the APC as winner of the contest. INEC’s Returning Officer for Kogi Central, Rotimi Ajayi, a professor at the Federal University Lokoja, (FUL), stated that Ohere garnered 52,132 votes, while Akpoti-Uduaghan secured 51,763 votes. Ohere was thereafter issued a Certificate of Return by INEC and sworn in as a Member of the 10th Senate early June 2023. Undaunted and dogged, Akpoti-Uduaghan promptly sought justice at the Election Petitions Tribunal.
September 6, 2023, the tribunal ruled that the PDP candidate was the rightful and authentic winner of the contest. Akpoti-Uduaghan actually polled 54,074 votes, as against Ohere’s 51,291 votes. The judges observed that results from “nine polling units in Ajaokuta local government area, were inflated, while the votes of Akpoti-Uduaghan were intentionally reduced by INEC ward collation officers.” Dissatisfied and prodded by his principal, Ohere proceeded to the Court of Appeal for further adjudication. Tuesday October 31, the court dismissed Ohere’s appeal as “lacking in merit.” It declared Natasha Akpoti-Uduaghan as the “duly elected candidate for the Kogi Central senatorial election held in February 2023.” She was inaugurated as senator Thursday November 2, 2023, at a ceremony held during plenary, under the supervision of Godswill Akpabio, President of the Senate. She made history as the first female senator from Kogi State. Instructively too, she effectively dilutes the preceding Kogi all APC-cast in the senate of the federal republic.
Natasha Hadiza Akpoti-Uduaghan was born December 9, 1979, in Ilorin, Kwara State, to Jimoh Abdul Akpoti and Ludmila Kravchenko, a Ukrainian. Abdul Akpoti who hailed from Obeiba-Ihima, Okehi LGA in Kogi State, met his wife while training as a medical doctor in the Eastern European country of Ukraine, several decades ago. A “home girl,” she was educated at Christ the King Nursery and Primary School, Okene; Government Girls Unity School, Oboroke, and the Federal Government College, Idoani, Ondo State. She demonstrated leadership potentials even as a young girl, and was the “Head Girl” in her final year in secondary school. She was serially acknowledged as quiet, hardworking, disciplined and diligent, and always posted sterling academic performances. She studied law at the University of Abuja, enduring an intricate balance between her academics and early motherhood having gotten married at the tender age of 19. Her first son, Daniel was born within the period.
She attended the Nigerian Law School, Bwari, Abuja beginning from 2004, and was called to the Bar November 2005. She obtained a masters in business administration from the University of Dundee, Scotland, in 2012. She previously served as legal counsel at the Brass Liquefied Natural Gas, (LNG) complex during which she travelled expensively across the world. Akpoti-Uduaghan has acquired pluri-dimensional competencies in management, mediation, leadership and arbitration among others. Her soft, humane side has been influenced considerably by her father’s selflessness and generosity. He was famous for treating many of his patients free in the course of his private medical practice unconcerned about profit-making.
On Saturday March 5, 2022, Natasha Akpoti got wedded to the Itsekiri billionaire, Emmanuel Oritsejolomi Uduaghan, the *Alema of Warri.* The event took place in Akpoti-Uduaghan’s primordial homestead in Ebiraland, Kogi State. The chief host was the recently departed *Ohinoyi of Ebiraland,* His Majesty, Ado Ibrahim. It was chaired by a former governor of Edo State, John Odigie-Oyegun, who also previously chaired the APC at the national level. Dignitaries at the high octane event included: Bukola Saraki, former Senate President; the *Olu of Warri,* His Majesty Tsola Emiko; the groom’s cousins and former governors of Delta State, James Ibori and Emmanuel Ewetan Uduaghan. Former Delta State governor, Ifeanyi Okowa; incumbent Senate President, Godswill Akpabio; former PDP Chairman, Iyorchia Ayu, among several dignitaries, honoured the event.
Akpoti-Uduaghan’s first contribution on the floor of the Senate was to request that the recently departed Ohinoyi of Ebiraland, Ado Ibrahim be immortalised. She spoke of his disposition as an urbane father and patriarch, and an apostle of peace all through his 25-year reign. Within the period, his sociocultural domain witnessed some physical development. She canvassed the rechristening of the Federal College of Education, (FCE), Okene, after the transited royal. Akpoti-Uduaghan was recently named Senate Committee Chairman on Local Content as replacement for her former sparring partner, Ohere. She was concurrently appointed Vice Chairman of the Committee on Steel. That she is in leadership positions in both very important committees, attests to her qualities and capabilities. Akpoti-Uduaghan’s advocacy for the resuscitation of the moribund Ajaokuta Steel Project located in Kogi Central, her primary sphere of representation, will gain desired traction, courtesy of her placements in the upper parliament.
The multibillion dollar complex has been emblematic of abandonment, waste, greed, graft, mismanagement in the past four decades now. Akpoti-Uduaghan grew up in Ebiraland and is fully cognisant of the humongous resources in foreign exchange previously sunk into the project which, nonetheless, has remained dysfunctional. The decrepit, melancholy-eliciting condition of the sprawling steel city is best appreciated via a drive through the gargantuan, multidimensional “steel city” of Ajaokuta. Akpoti-Uduaghan wants to proceed beyond preceding peripherals and platitudes to add breadth to the strident advocacy for the functional resuscitation of the octopoidal complex. It is very close to her heart because of its potential to sustainably impact the economy of her people, her state and Nigeria at large.
Tunde Olusunle, PhD, poet, journalist, scholar and author, is a Fellow of the Association of Nigerian Authors, (FANA)
Bayelsa 2023: Sylva’s undoing partly self-inflicted
By Ehichioya Ezomon
Because of the deck stacked against him – or more aptly, due to the deck he stacked against himself – it’s illusory to project the November 11, 2023, governorship in Bayelsa State as a walkover for former Governor Timipre Sylva.
From the get go, Mr Sylva faced numerous huddles, to reach the Creek Haven Government House in Yenagoa, capital city of Bayelsa, which he left in 2012. Foremost were headwinds from Governor Douye Diri of the ruling Peoples Democratic Party (PDP), and aggrieved members in Bayelsa’s All Progressives Congress (APC).
The odds likely favoured Mr Diri seeking re-election to the seat he got on a platter on February 13, 2020, when the Supreme Court nullified election of Chief David Lyon on the eve of his swearing-in.
Mr Lyon won the November 16, 2019, poll by a landslide, but Diri’s gifted the governorship when the court barred APC’s Deputy Governor-elect Biobarakuma Degi-Eremienyo over discrepancies in his credentials to the Independent National Electoral Commission (INEC) for the election. Diri therein nicknamed himself as a “Miracle Governor.”
Lyon, who saw the “Promised Land” of Government House on February 13, 2020 – during final rehearsals for his swearing-in the next day – regarded himself as the “candidate-in-waiting” for 2023, and APC’s ticket his for the asking.
Members of the Bayelsa chapter, especially the youths, regarded Lyon as “our next Governor,” and urged the APC leadership to “award” him the ticket without a primary contest, and they hit the streets when the party threw the nomination open for a direct primary by registered members.
Lyon won the September 4, 2019, primaries with 42,138 votes, to defeat five aspirants, including current Minister of Petroleum Resources (Oil), Dr Heineken Lokpobiri, who scored 571 votes, but went to court, to be declared the candidate on the grounds of irregularities at the primaries.
A Supreme Court ruling halted Lokpobiri on February 11, 2020, three days to inauguration of Lyon, whose election was voided two days later when the same court disqualified Mr Degi-Eremienyo.
Though he won the November 2019 poll, Lyon’s supporters had no illusion he’d defeat Sylva – also a former Minister of Petroleum Resources with a large warchest – in the April 14, 2023, primaries, which Lyon boycotted as the APC rejected his “sense of entertainment” to the ticket.
From 58,171 accredited among 142,031 registered APC members for the primaries, Sylva secured 52,061 votes, while Lyon scored 1,582 votes to place third behind ex-agitator Joshua Maciver, who came second with 2,078 votes.
Sylva, acclaimed “sole financier of Bayelsa APC,” reportedly preferred Lyon, and “threw his weight behind him” in the 2019 primaries for the APC ticket for the governorship of that year.
After Lyon’s dramatic ouster by the Supreme Court in 2020, Sylva allegedly pledged to back his second bid in 2023, even as he promised supports for other APC chieftains for the governorship he reportedly excluded himself.
But ahead 2023, Sylva “reneged on the promises,” declared for the governorship, took the primaries by a landslide, and told primarygoers he’d replicate same on November 11 against Diri, who mocked him as “dishonest and insincere” for allegedly deceiving members of the APC over his ambition, and his disqualification by an Abuja Federal High Court.
In a statement, “Bayelsa Doesn’t Deserve Serial Deceiver As Governor,” Diri said: “Bayelsa needs an honest and sincere leader that is focused on its development and not a man widely known for deception.
“Timipre Sylva is a man you cannot trust. He displaced all those he promised that he would give the governorship ticket and turned around to become the candidate himself.”
Diri’s accusingly behind the court cases by APC members, to ensure Sylva didn’t participate in the governorship. Sylva’s lawyers in his disqualification appeal, and even some of the three-member panel of Justices of the Appeal Court, hinted about such a possibility.
An APC member in Bayelsa, Mr Demesuoyefa Kolomo, filed a suit on June 6, asking the high court to determine – given sections 180(2)(a) and 182(1)(b) of the 1999 Constitution – whether Sylva was qualified to contest in the poll, having occupied the governorship from May 2007 to April 2008 and May 2008 to January 2012.
Ruling on the night of October 9, trial Justice Donatus Okorowo held that having been inaugurated twice and ruled as governor for five years, allowing Sylva to contest would amount to expansion of the constitution or its scope.
Justice Okorowo directed INEC to remove the names of Sylva and his running mate, Mr Maciver, from the list of candidates for the poll, to prevent Sylva from exceeding the eight-year tenure for governor if he won the November 11 election.
But Sylva argued that he’s elected once as governor – citing an April 2008 Court of Appeal ruling that nullified his 2007 election – and filed a three-ground notice of appeal, through a team of lawyers, led by Dr. Ahmed Raji (SAN).
When the case was called on October 27, Sylva’s lawyer, Akinlolu Kehinde (SAN), and APC’s counsel, K.O. Balogun, urged the appellate court to allow the appeals, set aside the high court judgment and affirm Sylva’s candidacy.
Arguing Sylva’s position of having been sworn-in once as governor, Mr Kehinde described the high court judgment as “a hatchet job just to tie this man (Sylva) not to campaign and participate in the election.”
Also faulting the decision of the high court, Mr Balogun said, “What the 1st respondent (Kolomo) is asking this court to do is to deem the nullified months as four years.”
He accused Kolomo of “fighting a proxy war” (for Sylva’s opponents at the poll), because “he cannot be a member of the APC and be fighting to destroy its candidate and chances at the election.”
Similarly during the proceedings, some members of the Justice Haruna Tsammani-led panel wondered why Kolomo, who claimed to be an APC member, but not an aspirant at the primaries, would want to destroy his party’s chance in an election!
Noting that Kolomo could’ve voted for another party in the November poll “if he assumed Mr Sylva did not deserve his vote,” the panel condemned the attitude of lawyers, who failed to advice their clients appropriately, saying, “it is a moral issue.”
Kolomo’s lawyer, Mr Abiodun Amuda-Kanike (SAN), and INEC’s lawyer, Mr Ahmed Mohamed, prayed the court to dismiss the appeals, and affirm the judgment of the trial court.
However, on October 31, the court set aside the high court decision for lack of jurisdiction, and awarded N1 million cost against Kolomo for lack of legal right to seek Sylva’s disqualification from the election.
Again on November 9 – two days to election – the Appeal Court in Abuja came to Sylva’s rescue, dismissing an appeal, seeking to prevent him from the poll, as without merit.
Reading the lead judgment, Justice Binta Zubar held that the subject matter of the appeal by Hon. Isikima Ogbomade Johnson was non-justiceable, adding that “the case was brought in bad faith.”
The court held that having been sacked by the courts in his first election, Sylva couldn’t have taken the oath of office as a governor twice, which informed the conduct of another election that Sylva won in 2008, and governed till 2012.
On the issue of Sylva not duly nominated as candidate, the court held that overwhelming evidence presented by the INEC and APC showed that no legal provision was violated in the primaries.
“From the uncontroverted independent report of INEC, it was clear beyond any doubt that a valid primary election was conducted by APC and monitored by the electoral umpire as required by law,” the court said.
The court upheld the judgment of Justice Inyang Ekwo of a Federal High Court in Abuja, which on September 26, dismissed Mrs Johnson’s suit for lacking in merit and substance, and imposed a cost of N1 million against her.
Noting that the appellant’s case was statute-barred, having been instituted outside the 14 days allowed by law, the court upheld the judgment of Justice Inyang Ekwo of a Federal High Court in Abuja which on September 26, dismissed Mrs Johnson’s suit for lacking in merit and substance, and imposed a cost of N1 million against the appellant.
The court cases against Sylva definitely put a wrench to the efforts of Dr Abdullahi Ganduje-led National Working Committee (NWC) to return APC to power in Bayelsa.
Yet, besisde court’s barring of Sylva, and INEC’s delisting of his name, prompting the APC to suspend campaigns for weeks, Sylva owns his undoing by incurring enemies in Messrs Lyon and Lokpobiri prior to the primaries, and election, leading to cries of their sellout to, and a deal with Diri for the poll.
As reported by an online portal quoting sources, Diri conceded 50 slots of Senior Special Assistants (SSAs) each to Lokpobiri and Lyon, and also promised them some measure of influence in decision-making if he won re-election.
The APC dismissed the alleged Lokpobiri and Lyon’s alliance with Diri, with the Secretary, Media and Publicity Committee of the National Campaign Council of the APC, Hon. Yekini Nabena, on October 9, releasing pictures of Lokpobiri and Lyon recommitting themselves before the National Chairman, Dr Abdullahi Ganduje, to deliver Sylva and APC in Bayelsa.
Nabena’s words in a statement: “Our attention has been drawn to a sponsored propaganda in some quarters suggesting cracks in the solid camp of the Bayelsa APC ahead of the November 11 governorship election in the State.
“We will not be distracted because we are fully aware how desperate the incumbent Governor Douye Diri has become, therefore employing all manner of tactics including propaganda and lies just to cause confusion.
“For the benefit of the doubt, the attached pictures will tell doubters that the Minister of State for Petroleum (Oil), Senator Heineken Lokpobiri, and the 2019 governorship candidate, David Lyon, most recently held a strategic meeting with our candidate in the presence of our National Chairman, Abdullahi Umar Ganduje, where everyone recommitted himself, and massive mobilization has since begun.
“We, however, sympathize with the restless Governor Diri and his camp for acting too late, bearing in mind that their days are numbered in the Bayelsa state Government House.
“We urge all our party members, supporters and Bayelsans in general to remain calm, expectant of landslide victory and disregard lies suggesting cracks in our camp.”
Lokpobiri, via his Special Adviser on Media and Communication, Nneamaka Okafor, denied the allegation same day as baseless, and reaffirmed his commitment to the APC success at the poll.
“We categorically state that these allegations lack credibility and are merely propaganda,” Okafor said, adding, “Senator Lokpobiri’s dedication to the APC’s principles and values is unquestionable, and he remains steadfast in his commitment to the party’s success in Bayelsa State.”
Whichever, Sylva, who allegedly went into the campaigns as his own director-general – either he’d no confidence or trust in others to lead the team or those he approached turned down the offer – was literally a lone ranger, starved of the necessary backing from party chieftains, such as Lyon and Lokpobiri, with his eventual defeat at the poll glaring in the strongholds of APC’s topshots.
So, for Sylva to win the November 11 election would’ve been nothing short of a miracle, which, like that of Mr Diri, could still happen via the instrumentality of the courts. Till then, it’s another four-year wait for the APC to break the 24-year rule of the PDP in Bayelsa State!
Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria
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