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OREKA ADEGBORUWA (MRS.)

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Media & Insights

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Interview

30th April, 2026

Why I think state pardon is best for Funke Akindele, husband -Adegboruwa, SAN

Ebun-Olu Adegboruwa, Nigerian lawyer, Senior Advocate and human rights advocate shares his thoughts, in an e-mail interview with LANRE ADEWOLE, on where the nation, humanity and leadership is headed after COVID-19. Sir, have you reached out to Governor Babajide Sanwo-Olu over the state pardon you are seeking for Funke Akindele and husband, beyond your public advocacy on the matter? I was involved in the case of Mr and Mrs Gbadamosi, which also involved Mr Azeez Fashola, aka Naira Marley. It was a golden opportunity to test the validity of the COVID 19 Regulations in court, but as you very well know by now, the parties decided to explore settlement out of court and I think it was good for them all. It was after the last court proceedings of our case that I made the call upon the Governor of Lagos State to consider a state pardon for the Akindeles and not just the Akindeles but also all the joggers that were arrested on the streets. For the Akindeles, I was moved by compassion for them. No doubt, it was a wrong exercise of discretion on their part to violate the guidelines of WHO, the directives of the President and the Governor, on social distancing, given the seriousness of the COVID 19 pandemic. And I think this is where a lot of people mistook my objection on the issue of restriction of movement. I fully support the measures taken by the government to contain the pandemic, as they are all meant to safeguard our lives. So, in that regard I do not endorse the idea of people gathering to celebrate birthday parties at this time. Indeed, I closed my office as far back as March 23, when I stopped seeing clients physically and I cancelled all our meetings, before we finally closed down on March 27. So, before the Akindeles were arrested, they made a video apologizing for their indiscretion, which I think was genuine. At that point, I believe what the government should have done was to approach them to supply the details of all those who attended the birthday party in order to conduct tests for them and then isolate them, depending on the outcome of the test. We should not always see law as punitive alone but also corrective and reformative. I say this because there were other people who celebrated birthdays in Lagos and even abroad, who also breached the social distancing rule and nothing has happened to them. So, going ahead with the trial of the Akindeles and their subsequent conviction was like an overkill. So, I felt a sense of compassion for them which was what informed my appeal, given that herself and her husband could have explored the same option as we did in our case. It was later in the evening of the same day of my appeal to the Governor on their behalf for a state pardon that I read that they had engaged my good friend, Mr Femi Falana, SAN, to take up an appeal on their behalf. With that knowledge, I could no longer formalize my appeal for pardon since they have decided to test the law on appeal. I support them in this regard as their case is similar to the old case of Aoko v Fagbemi, where a woman was accused of adultery and was charged to court. She pleaded guilty and was sentenced. The late Chief Rotimi Williams, SAN, took up her appeal, contending that the court had no jurisdiction to try her for an offence that was unknown to law. The appeal was allowed. Though I support the Akindeles in their appeal, but I think if a state pardon is granted to them by the Governor even now before the hearing of their appeal in court, it will achieve the same purpose. A day before I made that appeal, the federal government announced amnesty for 2,600 convicts all over the nation. I reasoned that the Lagos State Government could buy into that window and show compassion on the Akindeles since they have shown sufficient remorse for their conduct. All over the world at that time, several countries were decongesting their prisons. For the joggers, it would amount to double jeopardy, for you to be locked down at home, in one spot, eating and accumulating fats and forced into a sedentary lifestyle by reason of COVID 19. So that after you must have survived COVID 19, then you begin to battle other ailments. So, an exercise of the body in this regard should not be taken as a violation of the COVID 19 regulations. All that the government should do is to enforce the social distancing policy by advising the joggers not to mingle together in groups. If the state is wrong according to you, a position shared by your fellow Silk, Mr. Femi Falana, that should also make the conclusion reached by the court, wrong. Why seek a state pardon then, instead of getting a higher court quash the conviction? An appeal for pardon is not inconsistent with the exercise of the rights of the Akindeles to appeal against their convictions. At the time I made the call for their pardon, I was not aware that they had engaged Mr Falana, SAN, for their appeal. And my appeal is not inconsistent with my position that the basis upon which they were tried and convicted was wrong in law. At that time when I made the appeal, they were already convicted by the Magistrate Court and the High Court, where their appeal will be heard, had been shut down and their case did not fall within the exceptions listed for hearing by the Chief Judge. And since no one knows how long the lockdown will last, the tag of ex-convict will keep hanging on them until their appeal is heard and allowed. So, in that regard, an appeal for a State pardon would be the best, because if they are pardoned now, then it will no longer be in their records that they were ever tried or convicted. And I believe the Governor can still exercise his prerogative in this regard, notwithstanding their decision to appeal. AGF Malami was unsparing in his criticism of your criticism of the presidential lockdown of Lagos and Ogun. Is the entire exercise now legal and constitutional, including the renewal on Monday, vis a vis, what is going on between President Trump and some governors in America over who has the power to shut down and reopen sir? My criticism of the President's decision on movement restriction was misunderstood by many. If there is any area in which I have supported this government, it is in respect of the steps taken to contain the COVID 19 pandemic. This is so because anything done to preserve human lives should enjoy the support of all. So, in that regard, I do commend the President and all the Governors and our leaders, for their responses. I have not ceased to praise Governor Sanwoolu and his Commissioner for Health, Prof Akin Abayomi, for their sterling performances in response to the pandemic. Lagos State has actually saved Nigeria, just as it did with the case of Ebola. The point that I made and I am still making is that we should do the right things the right way. You cannot use the Quarantine Act to restrict the movement of citizens, against the Constitution. I was advocating for a law to guide the COVID 19 operations in order to achieve some form of predictability and orderliness, instead of the confusion and arbitrariness that we presently have. We had all the time to do that, as this pandemic started in 2019, that is why it is called COVID 19. And even at the time the President made his broadcast, it was still possible to have a global law that will serve as a guide for the conduct of affairs in this whole matter. Look at what is going on now. COVID 19 itself has claimed about 12 lives, most regrettably, but security operatives have killed not less than twenty persons at the last count, in seeking to enforce the movement restrictions. The Security officers are confused on how to respond to the directives of the President and the Governors, who are all saying different things on the same subject. In Lagos and Abuja, it is total lockdown, in Ogun and some other States, it is partial lockdown. There is directive that markets should open between 10am and 2pm, which in itself is good so that people will not starve to death. But then the big question is how do you get to the market from your house when there is movement restriction? And we use the same police force, the same soldiers and security officers to enforce the different directives. In Ebonyi State for instance, the Governor gave a directive to shoot at sight anyone attempting to escape from the isolation centre! Can you imagine that? Whereas in Kaduna State, a man under isolation wanted to go and pray and it led to a serious battle between him and the security man. So, you can see the confusion all over the land. All that I was saying was that given the way our security agencies work, once you give room for personal discretion and interpretation for a particular policy, then you can be sure that abuse will follow, extortion will follow and even preventable death. And just look at the directives of some of the Governors, some of them gave orders to lock their borders with other States and even with other countries. Where on earth can they exercise such powers? Under the Constitution in section 8 thereof, the issue of boundary of a State is exclusive to the National Assembly and no Governor has the power to regulate on it. Just look at Kogi State for instance, having access to about 6 or 8 other States. How do you lockdown the borders of such a State without violating section 41 of the Constitution which states that all citizens have the right to move in all parts of Nigeria? So, the Governor of Kogi State will give a directive that will restrict my movement to Abuja from Ondo State? That shouldn't be. My second point is that of the concept of separation of powers. In law, at least by section 4 of our Constitution, only the legislature is granted the power to make laws to regulate human conduct. The executive is to enforce the laws and the courts are to interprete the laws. The law-making process is so that the people, through their elected representatives in parliament, are the ones making the laws to govern them, not just that one person will wake up one day and say that almost 40 million people in Lagos and Ogun States and Abuja should be locked down. And this is now being replicated by the Governors in their States without following due process and people are being sent to jail on account of this. As you can see that in Abuja, Lagos and other States, citizens are being arrested and tried and convicted based upon mere directives of the executive. It is not proper. Afterall, the President has been shown to conduct online conferences since the lockdown. Why not explore that option with the National Assembly to come up with a valid law to regulate the general operations of the pandemic instead of relying on personal judgments and feelings to regulate millions of people. So, I believe that the Honourable Attorney-General of the Federation did not give me the opportunity to properly explain my position before his open criticism, as I was not opposing the President for the sake of it but asking that the right thing be done the right way. I know you are a lawyer, but do you think there is reasonability trying to link COVID-19 to G-5 technology and is there any need for Nigeria as a nation to be circumspect in embracing the said controversial technology? I have tried to follow this controversy and I honestly cannot place the connection at all. I mean we always seem to develop some phobia for new things here in our zone initially, only to turn around to embrace it after the rest of the world must have moved on, leaving us behind. We heard these stores of radiation long ago when Satellite dish first came and when we had the technology of mobile phone initially, but today, everyone has one decoder or the other and at least one mobile phone and we are still alive and breathing. We can't continue in that way, of opposing modern trends that have been embraced even in other parts of Africa. Let the 5G or 6G come and then we deal with its consequences the way the other parts of the world are dealing with it. My own view of it is that the government and all the regulatory agencies involved should consult well on it and go ahead and deploy any good development that will contribute to the advancement of the human race. We are all here, so if it will harm us as some people are saying, then we go ahead and adopt what others who have already deployed it are using to preserve their lives and their environment. Personally, I can't wait to have the 5G or 6G, but I also agree with those who are sounding the note of caution for government to the all that is needful for our common protection and preservation. Some state officials told us that the elite class in Eti-Osa LG has been very uncooperative in submitting themselves to test for the virus even when there are reasonable reasons to pull them in for it. The state is yet to make a pronouncement concerning the development. What can the commoners do, not to carry the can? Well, I have read a lot of stories on the social media on this issue but you know one needs to be careful with unverified information that is sourced from the social media. It is a matter that should be investigated by the government and the NCDC and their findings should be made public. You know this is the genesis of COVID 19 in Kano, when the index case checked into a private hospital without disclosing his condition and this has spread and is still spreading in that State. The general understanding that we all have is that testing and treatment for COVID 19 are to be centralized but it is not impossible to have cases of abuse or non-compliance but as we speak, there is no law barring anyone from seeking private treatment to preserve his own life because the Constitution in section 33 grants the right to life to every citizen. And it goes back to the points that I have laboured to make that we should have law to regulate the pandemic so that everyone is sure of what to do and what not to do and the consequences to follow. The challenge however is that some Nigerians take this infection as some kind of stigma whereas others have been very bold and helpful with their situations, like Governors Bala Mohammed of Bauchi State, El-Rufai of Kaduna State and Seyi Makinde of Oyo State. The testimony of Governor Makinde of how he battled the infection has helped a lot of people and has given so many people hope that the pandemic is not a death sentence. I also listened to the story of the Chief Medical Director of the University Teaching Hospital, Ibadan, being a doctor himself, openly admitting his infection and telling us how he fought it and what we can all do not to be infected and then treatment upon infection. I actually think the government can do a lot to publicize such cases so that many can get out the phobia that COVID 19 seemed to have imposed on them. So, all the so-called big men who are infected but are concealing it are only saying two things; first that they must have strayed to where they should not and they are not proud of their actions or that they do not care about the fate of their family members and their care givers who are being exposed. But like I said, it is only a rumour and we cannot judge people based upon information that is not verified or substantiated. But having said that, it is for government to investigate it, because of the danger posed to their care givers who may not have been properly trained for such sensitive treatment, and even their families and their loved ones. The reason for their isolation is to stop them from infecting others and thereby spreading the disease. It shouldn't be difficult for the government to secure the details of all travelers through the airlines. There is no mystery in this at all. But the option for the rest of us is to lie low and continue to observe the rules of personal hygiene and social distancing until such a time that God has intervened to defeat this monster. The cash-by-hand palliative strategy of the federal and state governments has rankled to no end, considering reports from places like Gombe, Katsina, Kwara et al, that beneficiaries are being under-paid. Even Tinubu subtly kicked against the practice. What model can we adopt to cut out wheel-dealing middlemen and corrupt government officials sir? As is common with our affairs, a lot of abuse have trailed this policy, especially as it involves the disbursement of funds. Some days ago, I read that the federal government terminated the contract of some of the entities engaged for the disbursement. That itself should tell you a lot about the corruption of that payment regime. But this does not detract from the good intention behind the policy, which deserves commendation. It is the implementation that seems to have some issues. Preferably, investment of funds in food at this time, should be the primary concern of the government. Money is good but it becomes useless when it has no value. What can you truly buy with N20,000 in the present-day Nigeria, where even common tomato is regulated by the exchange rate? We should give food and other essential commodities to the indigent, the aged, widows, the unemployed and the vulnerable ones amongst us. Even if they steal the food, it will still end up in the stomach of somebody. It is easier to divert raw cash and the temptation is so very high, at this time. I recommend that the government should involve recognized faith-based organisations, market associations, community-based associations, etc, for effective distribution. A lot of people have contested the data upon which the present disbursement is based, especially as it seems to discriminate against certain sections of the nation. Furthermore, since it is a measure meant to cushion the effect of the lockdown, it should be concentrated more in the areas where movement is restricted and people have no access to do their normal business. That is when it becomes a palliative, meant to cushion the effects of the anomaly. Have you been tested sir? I have not been tested for COVID 19 but I'm at home with my family observing the lockdown and all the directives of government. Even though I have my reservations on the mode of the directive, I have advocated compliance nonetheless, as a law-abiding citizen. I don't know the modality of the testing yet but from what I've read in the news, if Eti-Osa where I'm based has 85% of the total figure of those tested already, I expect that by now, we should have many of us in this area tested, but may be it is a matter of time. But I'm here with my family and we are all fine and well by the grace of God, but whenever the government gets to us for testing, we are all ready and willing to cooperate with that regime, for our own good and for the good of all. It is very important that the testing mechanism is accelerated because that will most probably determine how long this lockdown will last. Yesterday, I watched in the news when the United Kingdom stated that the test rate presently is 100,000 tests per day. That should be our target, even as we are praying for God's mercy so that it can end on time, as it will not be too good to remain idle for a long time. And the other concern is that the rainy season is at hand. Our people may not be able to cope with flood and pandemic all at the same time. But I know that the challenge is huge for the government, which is why we have all been commending our leaders in this regard and giving them all the support that is needed. Part of that support is the payment of tax by all citizens, so that the government can do more and we will have the locus to hold them accountable. While staying at home with empty stomach, criminals are still not allowing residents of Lagos some peace. Isn't something dark looming, considering the people might revolt and call the bluff of the restriction regulations? I'm personally shocked to see that there are still so many cult gangs in Lagos State, with such boldness and alacrity. With the resources available to this State, there is no reason we should be under the reign of cultists. There is a security trust fund to which handsome donations have been made, there is a huge IGR mechanism, in taxes, levies, fines, land use charges, toll fees on two major roads, federal allocation, oil allocation, etc. There is already an existing Neighbourhood Security outfit, which should work together with the police for intelligence gathering as a matter of policy. Then there is the community policing initiative, which should also be harnessed. When we get to the situation where you can't even go out during the day in Lekki Phase 1 to withdraw money from the ATM, then it is serious. But the fundamental truth is that the youths are unemployed and unengaged and being young people with energy, they will become preys in the hands of whosoever is able to engage them, for good or for bad. So, the solution is employment. The other point for Lagos State in particular is to de-emphasize the use of thugs during elections, because after the elections and there is nothing to do, these thugs will turn to criminals. Since we don't know how long this lockdown will last, it is important to look at making the issue of palliatives more transparent and sustainable so that it will really get to those who need them and that may help to reduce the unrest. But beyond this, Lagos State should be innovative in the implementation of the lockdown regime. I mean you can't lockdown an economy so huge as Lagos State for so long. We should begin to relax the lockdown in phases as from next week, or else things may get out of hand. What existential lessons should COVID-19 be teaching our leaders and even the led vis-a-vis the right kind of leadership? Those rejected politicians' bread as palliative, should hold some significance, I believe. For the first time in the history of Nigeria, our leaders are confronted with their own wickedness, ineptitude, carelessness and wanton corruption, in just acquiring money for their own personal benefits without investing in social infrastructure. Who would have thought that all our billionaires will be forced to use our local hospitals? To imagine people with all the money but no means to travel, such that the money becomes totally useless. It only means that the real substance of a person does not consist in the abundance of the things that he possesses but rather in how he's able to impact others. This whole world is just vanity upon vanity, after all. We should now begin to invest in our infrastructure, especially the hospitals, to equip them and make them useful for the good of all because one day, even the President's life may depend on it. The other point is the vanity of human existence without a relationship with God. This COVID 19 pandemic has just demonstrated the need for everyone to be closer to God as no one can ever determine how and when God would require you to give account of your life here on earth. So, we should always approach life with the thought of godliness and doing good to others. We should be considerate to others and be willing to share at all times. It doesn't have to be something big, but at least we should reach out to those who are vulnerable and in need. That is part of the lessons of this lockdown, namely that money is valueless if it is not impacting others one way or the other. Otherwise, the money is just in the bank wasting and depreciating. You can't go out, you can't work, there is limit on what you can even spend and even at that, you are not too sure of life to spend it. This is why the Bible is true as ever that a living dog is better than a dead lion. But I am sure that this whole pandemic will go, with God on our side and our leaders doing it right.

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Media

30th April, 2026

Restructuring not calling for division of Nigeria, but… —Adegboruwa

FOR quite some time, the issue of restructuring has dominated discussions in the body politic, with presidential candidates, ethnic groups and key individuals making it the issue ahead of the 2019 general election. The issue, however, is that the subject has become commonly discussed that people are beginning to lose the meaning and import of the word. What do you really think this restructuring entails? When you look at the word itself, it is a combination of two words; re and structure. When you say ‘re,’ it means taking something back; to return or reverse and that would suggest that there was a location that something was before and you want it back at that location. Structure means some kind of platform or entity. PDP instigated ASUU strike, NLC, oil marketers’ agitation to cause confusion —APC The idea of restructuring is, therefore, that Nigeria as a structure was in a particular state immediately after independence. We started with the British rule and our leaders then, Herbert Macauley, Nnamdi Azikiwe, Tafawa Balewa, Obafemi Awolowo, Anthony Enahoro, everybody said ‘look, we need our own independent structure. We cannot continue under British rule forever.’ Then, that structure went the way of having the regions; the British then organised constitutional conferences in London where submissions were made. So, as early as 1953, it had become clear to the British that the Western Region of Nigeria, for instance, was ready for independence. At that time, British citizens and officers were controlling all aspects of public life; education, civil service, judiciary and so on, all sectors were manned by British administrative officers. But because of education, the Western Region was ahead of other regions, because a lot of its citizens had become educated. So many Yoruba people were already well-endowed with knowledge in the various aspects of public life that the British were controlling. This was what led to the agitation that the region was ready. Even the Eastern Region had also achieved a similar level of education and they also were ready for independence. But the Northern Region, clearly, at that time, did not have enough citizens who were educated enough to take over from the British. So, it stated clearly in the last constitutional conference that it was not ready for independence but conceded that the Western and Eastern Regions should be allowed to go their ways. That was exactly what happened, such that by 1955/56, it was clear that the Western Region was ready. You will recall that by 1959, Chief Awolowo pioneered the establishment of television broadcasting in Nigeria, the Western Nigeria Broadcasting Corporation. Apart from this; the region already had enough people such as Justice Ibitoye and others who took over the control from the British administrators. So, by 1959 when the North became ready, the British had already handed over the structure to the Western and Eastern Regions and they had established their own structure and government. These regions were already sponsoring themselves, using their resources such as cocoa and palm oil. This was how things were when we got independence in 1960. By then, the Western Region was almost like a nation on its own. The independence came and the majority agreed that the late Abubakar Tafawa Balewa should take over as prime minister. But in the 1960 constitution, power was in the hands of the regions; the control of the economy was in the hands of the regions, you planned and lived based on what you have. However, the Northern people, seeing the way the Western Region was going in terms of development- I am sorry to say this- but in the way the empowerment of people in the regions was going, the North was far behind. It saw that at that rate, it would never have caught up, especially with the Western Region, so they discovered the idea of joining the military and began to put their people in the military. The region then, in collusion with the British people, used military rule to take over power and cancel the advancement of the regions. They nullified the idea of federal system, installed a unitary system that centralised every other thing. For instance, as I said earlier, the Western Region before independence, had advanced greatly in broadcasting but when the military came, it cannibalised that system and replaced it with the Nigerian Broadcasting Service. It brought in the Nigerian Television Authority, acquired all the broadcasting and advertising rights and went back to the system that operated during the British rule where administration of these things was centralised. This was done so that the Western and Eastern Regions would be slowed down in order for the North to have time to begin to educate their people. This was the secret of what happened to Nigeria. Before Nigerians knew it, the military brought something it called Exclusive Legislative List under the constitution; by that it means only the Federal Government can regulate aviation; admiralty, that is the passage of ship on the high sea; oil and gas, mining. You can imagine, only the Federal Government can regulate the mining of gold, which we have in Ilesa, Osun State. Only the Federal Government can regulate agriculture. Only the Federal Government can regulate even education; it set up the Joint Admissions and Matriculation Board (JAMB). It centralised education; whereas the Western Region had already established the Obafemi Awolowo University way back in 1962. What they then did was to introduce Federal Character and ensured that the people in the Northern part of the country would take advantage over and above those who were already advanced in education. That was how gradually the Federal Government developed the issue of Federal Capital Territory (FCT) by which every item of development was nationalised and all the institutions were situated in the Northern part of the country. Go to any state in the North today, any place that you can see that is generating income is for the Federal Government. The private companies are moving to the South but everything federal is domiciled in the North and it is deliberate. But these cannot work. That was how the issue of agitation for restructuring came about and people took up the struggle. Isaac Adaka Boroh made the Kaiama Declaration and said people should be allowed to control their resources and he started to mobilise the people of the Niger Delta. After his death, Ken Saro Wiwa took up the struggle and you would recall that Chief Awolowo had been addressing this issue for a long time. But what does this restructuring really entail? When we say restructuring, we are saying true fiscal federalism, that we should abandon this unitary system by which a judge of Oyo State will be appointed by the National Judicial Council in Abuja and be forced on the governor as a judge to be paying his salary, yet only the NJC can remove him. We have a system in which Ondo State cannot regulate cocoa production or bitumen exploration and Osun State cannot regulate the mining of gold in Ilesa. How can we have a system like that where Delta State cannot regulate its own resources and crude oil and these same resources are being captured and used to develop other places? We cannot have justice in such a system. So, we are advocating a restructured system. By restructuring, we are saying go let us go back to the original plan of the forefathers. What plan of the forefathers? When people talk about restructuring, they mention fiscal federalism and regionalism but Nigeria is already where it is with 36 states structure and agitation for more and the challenges that follow. How easy will it be to return to regionalism or to practise most of the things restructuring preaches, without balkanising Nigeria or disuniting it? No, no, no. We are not calling for the balkanisation of the country. You see, what is fuelling corruption in Nigeria today is the federal system. Once resources are communalised, there is no sense of ownership; people treat it like something that belongs to all and have this mentality of let us steal and wreck it. But if you allow Akure, for instance, to control its cocoa and other resources, there will be a sense of belonging. When we say restructuring and talk about going back to regionalism, we do not mean that we should collapse the federation. What we mean is that there no way the Federal Government can be regulating television in this modern age; it will not work. We are not saying that we should cancel the Federal Government, what we mean simply is devolution of powers. That what what the ruling All Progressives Congress (APC) when it was seeking power in 2015; if you check their manifesto. Even if you check their website, as of today, it is there. Number one, they promised devolution of powers and said they would amend the constitution; this is what we mean by restructuring. We are saying cancel that Exclusive Legislative List and let the Federal Government be involved like FIFA, which just regulates football but does not tell countries who to field. They only give the rules and regulate and allow the countries’ football federations to decide how their football will grow, who to appoint as coach and who to represent them. But FIFA still exists as a body that gives regulation and control on football. So, what we mean by restructuring is that we will still have the federal system but it will no longer control the economy; it should no longer control the resources of the people or dictate the administrative paces of the states. Why should the Federal Government be appointing the Commissioners of Police in states? Why? Why would a president who is the Commander-in-Chief of the whole federation be the chief executive of Oyo State again? When the governor of Lagos State gives a directive to the Commissioner of Police in his state, he does not take it; he only takes directive from the Inspector-General of Police, who was appointed by the president. Why should a sitting president be the one to appoint members of the Independent National Electoral Commission (INEC) in an election in which he is going to be a contestant? All these things happen in the current system. But why can’t we have a system in which citizens would be automatically be entitled to get admission in their states? Why should the Federal Government be regulating admissions and be forcing universities to admit people who do not qualify for the admission just because they are educationally-disadvantaged? But look at the trick here sir; if you want to introduce Federal Character, then make it go across board. When you go to the military today for enlistment into the Nigerian Army, there is no Federal Character. If it were to be working, it means that people from the South should be enlisted into the Army above those who are from the North. But the reverse is the case; the larger population of the military personnel is still from the North and people from the South are disadvantaged to be enlisted into the military. But when it comes to education, they turn it round and say the Northerners are educationally-disadvantaged; why won’t the Yoruba be considered disadvantaged when they want to join the Army, the Air Force and all that? It is injustice and inequality and we cannot continue to force ourselves to be together. So, we are saying that in spite of the glaring disadvantages, if we want to perpetuate our existence; let us correct these things. We are saying that this Exclusive Legislative List cannot continue to operate forever. The military introduced a command system and centralised everything in Nigeria, which is a reversal of what obtained from 1953 up to the time we got independence. That we are saying all these does not mean we want to cancel the Federal Government. What we are saying is that power should be devolved to the states; let us have state police, let even local governments be able to generate electricity and let states be able to have their own power plants. Let states develop their economies at their own pace. Let the states that have the power introduce their own universities. Is not Pastor David Oyedepo that is organising Covenant University and the place is becoming one of the best in the world? We cannot continue like this, centralising admissions and frustrating millions of youths, who are now fleeing to Europe and America daily because they are being rejected in the universities and they are dying on the high sea. Our call for restructuring is that everyone should be allowed to develop at his own pace. In the past, there had been clamour for a Sovereign National Conference and then later, it was agreed that even if it would not be sovereign, there should be a conference but nothing decisive has been achieved. Today, there is much talk about restructuring and it appears to still be all talks and no action. When do you think Nigerians will be able to force the country’s leaders to action? The unfortunate thing is that when you make peaceful change impossible, you make violent change inevitable. The orgy of violence that you are witnessing in the land; kidnapping in the South, terrorism in the North, armed robberies are products of the failure of our leaders to listen to the voice of reason. The violence will escalate, because when poverty has consumed a people, the poor will begin to eat the rich. It is inevitable and that is what we are seeing now; there is nobody in this country who is rich and is not a victim. You receive not less than 10 text messages daily with account details; people are pleading for school fees, medical fees or one thing or the other. We have got to that point of emergency that we do not really need to force the people. There is no senator in this country that the people of his constituency are not milking him every day, because there is no development. So, it is not a matter of just talking about restructuring, sir. Our leaders themselves will soon become victims of their own greed. The politicians, who are corrupting the system today because their own greed and personal aggrandisement and are refusing to listen to the voice of reason will soon become victims. Already, with the chain of events and the confusion happening in the political parties, the reality is already dawning on us that restructuring is inevitable; that a conference of our people, where we will throw away the unitary system and the Exclusive Legislative List and go back to federalism is inevitable. I believe that 2019 is just waiting to explode in our faces what we have been dodging. It is not about the elections; it is not about APC or PDP, it is about the freedom of our people to enjoy true federalism, to be able to develop at their pace and become citizens in their own land rather than victims.

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Learned Expression

30th April, 2026

Abanobi V the state and the evil of kidnapping (1)

INTRODUCTION According to the learned authors of Black's Law Dictionary, kidnapping is "the crime of seizing and taking away a person by force or fraud, often with a demand for ransom (also manstealing)." For Collins English Dictionary, to kidnap is "to carry off and hold (a person), usually for ransom". This is corroborated by the learned authors of Jowitt's Dictionary of English Law as "the forcible abduction or stealing away of a person, whether a man, woman, or child. It is an offence punishable at common law by fine and imprisonment. Morally speaking, it is wrong to steal anything, how much less a human being. In the ordinary course of events, the law frowns at the intent to take away something with the hope of depriving the owner thereof its permanent use. To kidnap a person therefore connotes that the kidnapper intends to deprive the victim of the use of his or her life, which is why the law places the offence of kidnapping in the same status as murder, with some statutes prescribing the maximum penalty of death. When a 98-year-old great-grandmother is kidnapped, then there should be no remedy for the felon, because such a gruesome act borders on irredeemable depravity. There can be no justification for this heinous display of wickedness by the appellant and his gang, although I am well aware of the challenges faced by citizens in our present dispensation, especially the youth. No matter the difficulties that people face or contend with, it cannot ground the seizure or theft of an old woman, subjecting her to such a traumatic experience of keeping her in the trunk of a car, with all the inconveniences and dangers to her life and safety. But for the police and the act of divine intervention, the poor woman would most probably have died from exhaustion and suffocation even before the criminals got to their evil destination. I join the call upon the government to do more in job creation and youth empowerment, but the youth too must embrace contentment, diligence and believe in honest endeavours as the surest means of lasting prosperity and human survival, and stop chasing miracle money and exploring shortcut options to attain sudden wealth. THE FACTS OF THE CASE The facts of this case are as reported in Abanobi v The State (2026) 5 NWLR (Pt.2037) 587. The appellant, acting in concert with his co-accused on 26th October 2014, kidnapped and took hostage one Madam Lydia Acho, a woman of 98 years old. She was purportedly abducted from her residence in Isuikwuato Local Government Area in Abia State. However, she was subsequently rescued on the same day within Ikuwano Local Government Area in Abia State following a car chase by the police. The appellant and the 2nd accused person were later apprehended at the locus criminis with the appellant having sustained gunshot wounds. PW2, during her testimony, left the witness box to identify the appellant and the co-accused person in the dock. Under cross-examination, she stated that she was able to identify the appellant and his co-accused by the illumination from a flashlight. The police officer who led the patrol team that accosted the appellant and his co-marauders and rescued the victim testified as PW4. He gave evidence of how the appellant and the co-marauders were accosted by the patrol team while inside a Peugeot 406 wagon vehicle with which the victim was kidnapped. The driver of the vehicle lost control and rammed it into a tree and the occupants, including the appellant ran into the surrounding bushes. The police shot at the occupants of the vehicle while they were trying to escape and noticed blood at the scene. Upon approaching the vehicle, the police rescued the victim from the boot of the vehicle and took her to the hospital. With the help of the community vigilantes, the appellant, with a bullet wound, and the 2nd accused person were arrested from the bush. The appellant's two phone handsets were recovered from the vehicle. Following his apprehension, the appellant made a statement to the police, exhibit "B", and was the sole witness in his defence. His story was that he too was kidnapped by the two passengers he carried in the Peugeot wagon on his way from his village in Anambra State to Aba. He admitted that he was in the vehicle with which the victim was kidnapped and taken away. He was there when the police led by PW4 accosted them, the vehicle rammed into a tree, the police shot at them and he bolted and ran inside the bush and slept there till the following morning for his safety. He further testified that on the following morning he came out from his purported concealment within the bush with the aim of reporting the incident of kidnapping at the police station. However, contrary to his alleged intention, he was instead apprehended by the police and subsequently charged with the very act of kidnapping he intended to report. He stated that he was released by the fleeing kidnappers amidst a barrage of gunfire, one of which hit him. However, in his extra-judicial statement, he claimed that he remained in the trunk of the car while one of the two alleged hijackers stood guard over him. At the conclusion of trial, the trial court in its judgment convicted the appellant and sentenced him to death for the offence of kidnapping contrary to section 3(a) of the Prohibition of Terrorism, Kidnapping, Hostage-Taking, Use of Offensive Weapons or Explosives and Other Threatening Behaviour Law No. 10 of Abia State, 2009. Dissatisfied, the appellant appealed to the Court of Appeal which affirmed the judgment of the trial court and dismissed his appeal. Still dissatisfied, the appellant appealed to the Supreme Court where he contended that the respondent failed to prove the offence charged as there was no evidence that he kidnapped the victim for the purpose of payment of ransom. In determining the appeal with final dismissal, the Supreme Court considered the provision of section 3(a) of the Prohibition of Terrorism, Kidnapping, Hostage-Taking, Use of Offensive Weapons or Explosives and Other Threatening Behaviour Law, No. 10 of Abia State, 2009, which states as follows: "3(a) Any person who, for the purpose of payment of ransom, kidnaps and takes another hostage is guilty of an offence." What constitutes offence of kidnapping: Section 3(a) of the Prohibition of Terrorism, Kidnapping, Hostage-Taking, Use of Offensive Weapons or Explosives and Other Threatening Behaviour Law No. 10 of Abia State, 2009 stipulates that any person who, for the purpose of payment of ransom, kidnaps and takes another person hostage is guilty of an offence. The section suggests an acknowledgment of the distinction between the offence of kidnapping as understood within broader legal jurisprudence and the specific instance contemplated under that legislation where the element of "for purposes of payment of ransom" is expressly incorporated as a necessary and constituent element for establishing guilt. The distinction is pertinent when considering the general principles governing the offence of kidnapping. What Constitutes Offence of Kidnapping: Section 3(a) of the Prohibition of Terrorism, Kidnapping, Hostage-Taking, Use of Offensive Weapons or Explosives and Other Threatening Behaviour Law No. 10 of Abia State, 2009, prescribes that the kidnapping and taking another hostage must have been actuated by the intention to ask for or for the purposes of payment of ransom. It does not provide that for the offence of kidnapping to be complete, the ransom must have been paid. It only prescribes manifestation of an intention by the abductor to demand or obtain payment of ransom. What this postulates is that where the definition of kidnapping includes abduction for some specific purpose, the mens rea that the prosecution must prove in order to obtain a conviction must include the specific purpose. Therefore, it is not enough to prove that the defendant intended to abduct the victim. In order to secure a conviction of the defendant, the prosecution must prove that the defendant abducted the victim with the specific intention of obtaining payment of ransom. There must be an indication on the part of the defendant of trying to obtain an advantage or holding the victim for ransom. The prosecution has to prove beyond reasonable doubt that the accused intended to detain the alleged victim in order to demand and obtain a sum of money for the alleged victim"s release. It does not matter whether the defendant in fact demanded money or whether the defendant succeeded in obtaining any money. There must be some overt act manifesting that intention. In the instant case, it was clear that the intention of the appellant and his co-accused was to kidnap and take the victim for the purpose of payment of ransom. Contrary to the appellant's submission, both the trial court and the Court of Appeal did not speculate on whether the victim was kidnapped for the purpose of ransom. The intention of the appellant and his co-accused person to demand ransom could be inferred from their conduct, given the overall circumstances of the case. The ingredients of the offence were established against the appellant. The Probable Motivations for Kidnapping: The jurisprudence of the offence of kidnapping extends beyond instances solely motivated by demand for payment of ransom. Criminals take hostages as a shield to help them escape from the scene of a crime. In addition, kidnapping could also be motivated by personal grudges.

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30th April, 2026

Constitution amendment: What NASS has done is mere tokenism -Adegboruwa

A member of the Lagos Judicial Panel on Police Brutality during the #EndSARS protest, rights activist and Senior Advocate of Nigeria (SAN), Mr Ebun-Olu Adegboruwa speaks to DARE ADEKANMBI on the ongoing constitution amendment by the National Assembly, the presidential materials on offer and 2023 elections. The National Assembly members accepted some robust proposals concerning ongoing efforts at amending the 1999 Constitution. Are you happy about some of the accepted recommendations? I am not [happy] in any way at all. Why? What the National Assembly has done is mere tokenism. It is just scratching the surface of the real issues plaguing our country. We are not running a federation. It is unitary system of government that we have currently. It is not correct to just be handing over bits and pieces to the states, regions and local government councils, as if there is no equality of status. Power should go down to the owners, that is, the states, local government and the regions. The Federal Government has no business holding on to all the issues and items that bring money to the federation. The Federal Government should just be an administrative centre. So, all the things they voted upon have no relevance to our demand for true federalism. The APC, when it was canvassing for votes in 2015, promised devolution of powers and what we understood by that is that there will be resource control first. The regions that have the natural resources within their domains will be allowed considerable freedom. Osun and Zamfara states should be able to mine their gold; Ondo should be able to mine its oil and Oyo State should be allowed to take care of its cocoa, gold and everything that is there. The same thing should apply to the North where the northerners should be allowed the control of their natural resources and they pay royalty to the centre. None of these things has been tackled at all by the National Assembly. All this window-dressing of reforms does not make any impact on our demand for true federalism. Our lawmakers should summon the courage to address the yearnings of Nigerians so that the country can move forward. There reason there is corruption is that there is too much money at the federal level for which nothing is being done, no projects are being executed. Give the money to the owners so that people can take their destinies into their own hands and move the country forward. What the National Assembly is doing is not acceptable at all. Why can't we have state police? Who is scared? Look at the success of Amotekun in the South-West. Who is scared? But some Nigerians have applauded the removal of VAT from Exclusive List to the Concurrent List for states to also have power over this tax? That is why I called it tokenism. VAT is a value added tax, a product of certain events in terms of sales, commerce and consumption. Those are just paltry things. The main resource of the country is what each region has as an advantage. There is no reason for the Federal Government to be sitting on that. That is the core issue behind the clamour for devolution of power, resource control and independence for the states. What is the Fedral Government doing by legislating central admission to schools and education of children when our youths are suffering, no universities to admit them. Lawyers graduate from universities and can't go to law school because there is a central system of controlling those who get admission into law school. For God's sake, in 21 century? Why can't Rivers State build its own law school and all its citizens who graduate from its own university can go there and be trained? Why can't Lagos, Kano and other states have their own law schools? That is what is happening in the United States, United Kingdom and other jurisdictions. Why will children be writing a common examination called UTME in order to secure admission to universities and they are frustrating them every day. They said some states are educationally disadvantaged and somebody who passes on merit is asked to be on the waiting line for somebody who did not pass. In what sane society do you see such a thing? Do you see this tokenistic attempt, to use your phraseology, as a prelude to the clamour for restructuring because electricity, railway and other items are now on the Concurrent List? But this is not what the government promised us. I want to emphasise that when APC was canvassing for votes in order to displace the Peoples Democratic Party (PDP), APC entered into a social contract with Nigerians for total devolution of powers by amending the constitution or writing a new constitution. In demonstration of that, the party set up a committee headed by the Kaduna State governor, Nasir el-Rufai on restructuring. Where is the report? Why are they scratching the surface? They know what Nigerians want which is restructuring and which was why we voted them into power. Why is APC chickening out now? That is the point I am making. There is no need for us to be dancing around and be doing a prelude. Let's go into the main action and let Nigeria move forward. Do you see the current National Assembly summoning the courage to go the whole hog of bringing about the fundamental changes required in the law for the good governance of the country? It is not about whether they have the courage, but whether they can continue like this for another time. There are so many of these people in the parliament in Abuja who can no longer go to their constituencies either for reason of insurgency, kidnapping or the poverty that has enveloped their constituencies. Many of them are sojourners in Abuja who are unable to relate with the people who voted for them. How long can they continue to pretend? This is what is at the core of the crisis in the country. No employment, mass poverty, no infrastructure and it is all because of corruption. The Federal Government is sitting on all the goldmine that makes this country Nigeria and somebody will sit in Abuja and be doing portfolio oil well and be selling oil through telephone. This is what is making Nigeria not to go forward. That is why we are saying we can't be scratching this thing on the surface and be giving us tokens. We want to go to the meat of the matter. Let there be true federalism or those who make peaceful change impossible will make violent change inevitable. This system will consume the parliamentarians themselves if they don't take the courage to do the needful. It is not about conducting elections in 2023. We must define the basis of our federalism. We must address the fundamental issue of resource management, political power. Let's go back to the Uwais Panel report. Let's go back to the 2014 National Conference report. Let's go back to the el-Rufai report. Why are they hiding these things? It is wickedness on the part of our leaders. If they don't summon the courage to do the needful, many of them will be swallowed over time by the crisis that they have imposed on the rest of us. Another general election is 11 months away. Do you see any fundamental change in the way Nigerians will vote? I think that what we have advocated is that the constitution recognizes zoning in Section 14 of the constitution which talks about not allowing a particular ethnic group or a particular set of people to be in dominance. You saw how it played out recently when the Minister of Education was asked at a press conference the reason for sustaining the cut off mark in Unity Schools and not allow merit to its place in admission to Unity Schools that belong to the federation. He said it is because of federal character which is being implemented to ensure that states which don't have enough students are allowed to be lifted above the rest. So, federal character is being implemented in favour of those particular states. Then, federal character should be implemented for political power. Otherwise, there is injustice. You can't be implementing the constitution to favour you in the areas where you have disadvantage and then you refuse to implement it in the areas where others have and want advantage. It will not be fair. It will not be fair if the region that has produced the president from 2015 to 2023 to still be contesting for the presidency. This will add to the crisis in the land. If you agree on a particular position for a particular region at a particular time, then you should let it cut across. So, the first thing is that there must be zoning. The president in 2023 should come from the Southern part of the country, whether it is South-East, South-South or South-West. That will be when we will know we are running a federation. If for any reason, either due to population or rigging or any misappropriation of political power, the presidency goes back to the same region where President Muhammadu Buhari comes from, then we will know there is no country. Democracy and election are numbers game. If the North votes more than we do in the South, then it means they will be right to have it. Then, education should also be by merit. If children sit for an examination and the only people that pass are from the South, then let them get admitted into all the schools in the country. Admission should also be by merit. If we want to use merit, let it be general. But they can't be implanting federal character to their own advantage and then sit on it when it comes to the turn of others. That is what I am saying. If you have population as an advantage and you want to be using it, then you must concede to those who have intellect as well so that when you take the benefit, you also take your own burden. Do you foresee a likely shift in paradigm in the way Southerners will vote in 2023 because the Northerners seem to have this huge political consciousness at election and this appears absent in the South? This is the reason we are Nigeria. It is possible for a particular section to have a consciousness in a particular area as their own advantage, just the same way in the South, here there is consciousness for education. Every average Southerner wants to go to school. It is possible that the average person in the North wants to go to the army or wants to go and collect PVC. Everybody has his own advantage. That is why we came together to say unity in progress. So, you can't use your consciousness for political power to dominate others who have consciousness for other things and you are not allowing them to use their consciousness to their advantage. So, it makes no sense to say because the Northerners have political consciousness, that puts them at an advantage to be ruling us forever. Other people have consciousness for other things and that consciousness has not enabled them to dominate those who don't have the consciousness. So, we are asking for a level-playing field. We can't claim that because of those who have consciousness to collect PVC to go and vote, others should wait forever. A number of people have been offering themselves as presidential materials, crisscrossing the country on consultations. When you look at those on the field now, any hope of a messiah emerging from among them? I honestly think our focus should be the system that will produce these people because once the system is proper, the constitution is properly drafted and the institutions are strengthened, it will be immaterial who gets to power. Everything [Donald] Trump did to frustrate the American election, the institutions of the country overpowered him because the system had been arranged to function at its optimal level. So, whether the individuals who are indicating to be president now have the capacity and understanding is really a function of the system that will produce them. My focus won't be on the individuals, but to ensure we structure our system in such a way that whoever emerges will follow the trend that Nigerians have outlined for their own prosperity. That is my own understanding. Once the system is right, whosever comes up, must fall in line. So, we need to amend the constitution properly in such a way that it will guarantee common prosperity for the common good of the peoples of Nigeria, ensure that the rule of impunity is arrested, see that the fundamental rights of people are guaranteed, ensure there is press freedom and liberty for the courts. Once these things are taken care of, an individual will not be able to manipulate us. In other words, you don't see age as a factor? Well, age is a factor, no doubt, and I believe so. For instance, President Buhari himself admitted that much of his handicap came by reason of his age. So, given our medical system and our environment, the elderly are at disadvantage in Nigeria unlike in the United States where you see 70 years old people still ruling in power because their system functions very well. Life expectancy is higher and the environment is conducive to be able to allow our healthcare system to take care of the ageing people. It is not the same in Nigeria. So, in that regard, I believe age is also important. This particular government brought the idea not-too-young to rule in encouraging younger people to get to power. So, it should stick to its own policy.

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