On the Resignation of Kemi Adeosun as Finance Minister
Mobolaji Aluko
Chidi Anthony Opara, FIIM
Justice Mobolaji Aluko(sitting at USA-Africa Dialogue Court of competent jurisdiction) hereby declare Kemi Adeosun(Christian female of Yoruba origin) not guilty of the crime of forgery.
Kemi Adeosun is hereby discharged and acquitted.
The case is hereby closed.
CAO.
Farooq A. Kperogi
Kemi Adeosun should be prosecuted, not Praised
I am mystified that any sensible person would praise former Finance Minister Kemi Adeosun for resigning her position several days after being exposed by Premium Times to have forged her NYSC exemption certificate. She didn’t resign because she had any honor; she resigned because of sustained pressure from us.
Most importantly, though, she committed forgery, which is a criminal offense in our laws for which everyday people go to jail every time in Nigeria. In my July 21, 2018 column titled “Between Adeosun’s Forged NYSC Certificate and Ayodele James’ Fake ICAN Certificate,” I pointed to the blatant judicial double standard in jailing a lowly civil servant by the name of Ayodele James who forged an ICAN certificate to move up the civil service ladder and leaving untouched Kemi Adeosun who also forged an NYSC exemption certificate without which she would never be a minister.
I said, “But let this be known: No nation that punishes its poor and protects its powerful for the same offense can endure… For every second that James remains in jail while Adeosun, Edozien, and Obono-Obla not only walk free but live off the fat of the land even when they committed the same offense as he, the very foundation of Nigeria chips off. A nation whose foundation comes off piecemeal as a result of blatant, in-your-face judicial double standard will sooner or later give way.”
Praising Kemi Adeosun for resigning her position as minister is akin to praising a thief who reluctantly confessed to being a thief AFTER he was caught stealing. Kemi Adeosun should return all the money she earned from Nigeria from the time she was commissioner in Ogun State up until September 14 when she resigned her position as minister. (That was what Ayodele James was compelled to do by the court). After that, she should be prosecuted and jailed like Ayodele James. That would be justice.
School of Communication & Media
Kennesaw State University
Cell: (+1) 404-573-9697
Personal website: www.farooqkperogi.com
"The nice thing about pessimism is that you are constantly being either proven right or pleasantly surprised." G. F. Will
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Chidi Anthony Opara, FIIM
CAO.
Mobolaji Aluko
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Farooq A. Kperogi
Associate Professor
Journalism and Emerging Media
School of Communication & Media
Social Science Building Room 5092
Kennesaw State University
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Sent from my 4G LTE Android device. Please forgive typos.
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Victor Okafor
News Line 1a: “President Muhammadu Buhari on Friday accepted the resignation of Kemi Adeosun as minister of finance.”
News Line 1b:” The president also approved that Zainab Ahmed, the minister of state for budget and national planning, should oversee the ministry immediately.”
News Line 2a: “President Buhari announced the appointment of Yusuf Bichi as the new director-general of the Department of State Service (DSS).”
News Line 2b: “Bichi was on Thursday appointed by President Muhammadu Buhari to take over from Matthew Seyeifa who was the acting director-general.”
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Toyin Falola
My People and Farooq:
Time to stop! Let us keep the focus on arguments—no personal stuff should be added.
Buhari, like Trump, has become a divisive figure, but it is the job of scholars to keep the analysis in focus, and without bias but with ideas.
TF
Toyin Falola
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Kennedy Emetulu
…
I respect Professor Bolaji Aluko, but this is the kind of analysis that gets me worried. His argument here is so perverse, I don’t know where to begin. Okay, let’s put our thinking hats on and consider this issue clearly.
First, we do not know Professor Aluko as a lawyer and this matter is not in a court of law. Even if Professor Aluko is the biggest and most brilliant SAN or QC, what he’s doing here is precipitate. Sure, anybody in public space can make an analysis of a case before the court and reach any conclusion, but you cannot just sit out here and be acting judge and jury, declaring someone not guilty over a case that is not in court with some half-baked knowledge of the law. When you do that, you invite others to quickly correct you. And that, with all humility, is exactly what I intend to do here.
When this news broke, I made the post below as part of some ongoing discussion about the matter:
https://web.facebook.com/kennedy.emetulu/posts/10212355596700343
In the first paragraph, I said that Nigerian courts have been known to treat forgery as a “strict liability offence”. If Professor Aluko had any idea what this means, he wouldn’t have come up with all this talk about mens rea, actus rea, negligence, recklessness and all whatnot. Let me explain.
If we look at the whole argument Professor Aluko is putting up in support of Kemi Adeosun, all he’s saying is based on the idea or supposition that Kemi Adeosun did not intend to commit the offence. In other words, he believes that she had no mens rea or intention or the ‘guilty mind’ to commit the offence. He said typically there has to be intent behind the crime and appropriately noted in the quote he provided that “this is not required in every situation”. But, curiously, he’s jumped to conclude that it is needed in this Kemi Adeosun situation without telling us why or how.
Now, without getting into the ditches with Professor Aluko, what I am saying is that forgery as an offence in law has been treated by the courts as a strict liability offence, that is an offence where mens rea is not needed before guilt is pronounced. It’s a strict liability offence because you are liable just by the mere fact of the offence, not by proof of your intent. In layman’s terms, it means an offence for which you are guilty, whether you have an intention of committing it or not, as far as the offence has been committed by you or in your name. It means an offence where mens rea is not an issue because no one is considering your intention. No one wants to know if you know about it or not because the fact of the offence is all that is needed for your conviction. For instance, you cannot plead innocence in a traffic offence when the offence has been committed. You cannot say: “Oh, I didn’t have an intention of breaching the traffic light” or “It is not my intention to hit the parked car”. The law is not interested in your state of mind, only in the fact of your guilt based solely on the outcome of your action. That is what we are talking about here. A document that you have presented in your name is forged; you might not know how the forgery came about, but you are guilty because the offence of forgery has been established in your name.
So far, if you get the meaning of a strict liability offence as I’ve explained it above, then you should by now know that all the legal jargoning that Professor Aluko is engaged in is unnecessary. Of course, anyone charged with forgery would most likely be charged with conspiracy as well. I mean, forgery does not just happen on its own. It happens because people conspire to make it happen. Now, it might transpire that in the course of trial and the taking of evidence, proof is tendered to show that the beneficiary of the forgery has no idea that the document in question is a forgery. If the court accepts such a finding, it will only mean the person might not be guilty of conspiracy. Yet, that does not absolve them of liability from forgery because as I said that would be treated as a strict liability offence. The fact that they have no idea it’s forged or that others they trust conspired to do it without their knowledge might help with mitigation, but it is not a defence.
Professor Aluko thinks Mrs Adeosun’s presentation of this forged Exemption Certificate twice without consequences in 2011 and to DSS in 2015 “showed the lack of some elements of mens rea on her part”. Apart from the point I’ve made about mens rea not being the issue, what Professor Aluko does not know is that the court would more likely see her action of repeated presentation of this forged certificate as a sign that she became more confident to use it after she passed the first presentation without a hitch. We should also not forget that there are stories making the rounds that she’s been blackmailed about this those two times she had to present it. What that means is that if this comes to trial, we might get more information and more damaging evidence against her that would make her case worse.
Also, Professor Aluko’s attempt to create Nigerian citizenship for Kemi Adeosun only after she got her passport at the age of 34 is laughable. The passport does not create a right, it is only evidence of a right for the purposes of travelling and other things. Kemi Adeosun did not become a Nigerian citizen at 34. She was born Nigerian because she was born by parents who themselves are Nigerian citizens. In other words, she is citizen by birth, not be naturalisation. It doesn’t matter that she was born abroad or have citizenship of another country. Section 25(1)(c) specifically refers to the case of someone like Kemi Adeosun who is “born outside Nigeria either of whose parents is a citizen of Nigeria.” It doesn’t say she has to have a Nigerian passport first because the passport does not grant you citizenship if you are already a citizen by birth. I mean, there are many Nigerians who have no need for an international passport because they have not travelled outside the country and have no intention to do so. That does not make any such Nigeria a non-citizen until he/she gets a passport. Such a person without the passport is a citizen already from the moment he or she was born. That is the case of Mrs Adeosun. She became a citizen from the moment she was born, not when she acquired a Nigerian passport.
Honestly, for some of us, Kemi Adeosun is getting away lightly because other citizens in her position are not. Recently, Professor Farooq Kperogi brought us the case of a civil servant by the name of James Ayodele Lebi who has been jailed for using a fake ICAN certificate.
https://web.facebook.com/kennedy.emetulu/posts/10212342155724327:112
Mr James Ayodele Lebi used a fake certificate to rise from Executive Officer to Senior Auditor while working in the office of the Auditor General of the Federation. He did not only lose his job in the civil service, he is now serving time. The case was brought against Mr Lebi by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the court was so worried about it that the Justice Y. Halilu who presided over the case of the Jabi High Court had this to say: “Government should scrutinize all employees on its payroll to ensure that people like the convict do not take advantage of the system because the convict would have risen to the prestigious position of AGF if he had not been caught.” But here we are with the case of Mrs Adeosun who has used a fake certificate to rise to the position of Minister of Finance and some are here declaring her not guilty as she walks away free.
From all I’ve said so far, it’s obvious that Professor Aluko’s resort to legalese is not the way to go, not only because this case is not in court, but also because to do so smacks of hypocrisy and double standard at worst and ignorance at best. He has no right to declare Kemi Adeosun not guilty in the court of public opinion on the strength of only what she has stated. I mean, why is he talking mens rea, actus rea and all that at this point? Is he now the court to determine if indeed Kemi Adeosun has mens rea or not? In what forum has her statement been tested? Where is the evidence he and his court have considered to know if she’s saying the truth or not? Or he’s just fine basing his conclusions on the single story of Mrs Adeosun, a story that in itself is a self indictment? Yes, we all may have different ways of looking at issues and we are free to do that in public space, but where crime is the issue, the only forum that determines the guilt or innocence of anyone is the court of law, not the court of Professor Bolajo Aluko or the court of public opinion.
If Professor Aluko is so sure of his position, he should not just sit there and be declaring Kemi Adeosun not guilty, quoting law he knows nothing about. He’s not a court, he’s not a judge, he’s not a lawyer. Let him, like a true citizen seeking justice, begin a campaign to try Adeosun in a proper court of law with a view to restoring her good name since he’s so damn sure of her innocence. Let him do so and we will fully support him.
For me, Mrs Adeosun should be allowed to leave in peace, but people must not provoke citizens with this precipitate declaration of innocence. Her ill-advised letter of resignation is insulting enough, let no one push the Nigerian people to start another round of campaigning to get her prosecuted like any other citizen in her position. If that happens, she has no chance in hell because her own letter of resignation alone is enough to convict her. If she goes to trial, she wouldn’t only be going to jail, she would be refunding every public money she has been paid from the time she became a Commissioner in Ogun State up till the last day she was Minister of Finance because the court will make it clear that she cannot be allowed to benefit from her criminality.
We know there are more forgers in the administration and we know Kemi Adeosun did not resign to protect some integrity, whether hers or President Buhari’s. She resigned because public pressure was brought to bear on the administration to act on the matter and they know there is nowhere to hide. The administration knows no one in the world will take them seriously if they stick with a Minister of Finance with such a baggage, so they had to let her go. But if justice must really be served, she should be in court facing charges for forgery and conspiracy like any other citizen in her position. Let no one push Nigerians to begin to demand that. Let her just quietly slink away as she has. Enough of this nonsense!
…..
--
Kennedy Emetulu
…
I respect Professor Bolaji Aluko, but this is the kind of analysis that gets me worried. His argument here is so perverse, I don’t know where to begin. Okay, let’s put our thinking hats on and consider this issue clearly.
First, we do not know Professor Aluko as a lawyer and this matter is not in a court of law. Even if Professor Aluko is the biggest and most brilliant SAN or QC, what he’s doing here is precipitate. Sure, anybody in public space can make an analysis of a case before the court and reach any conclusion, but you cannot just sit out here and be acting judge and jury, declaring someone not guilty over a case that is not in court with some half-baked knowledge of the law. When you do that, you invite others to quickly correct you. And that, with all humility, is exactly what I intend to do here.
When this news broke, I made the post below as part of some ongoing discussion about the matter:
https://web.facebook.com/kennedy.emetulu/posts/10212355596700343
In the first paragraph, I said that Nigerian courts have been known to treat forgery as a “strict liability offence”. If Professor Aluko had any idea what this means, he wouldn’t have come up with all this talk about mens rea, actus rea, negligence, recklessness and all whatnot. Let me explain.
If we look at the whole argument Professor Aluko is putting up in support of Kemi Adeosun, all he’s saying is based on the idea or supposition that Kemi Adeosun did not intend to commit the offence. In other words, he believes that she had no mens rea or intention or the ‘guilty mind’ to commit the offence. He said typically there has to be intent behind the crime and appropriately noted in the quote he provided that “this is not required in every situation”. But, curiously, he’s jumped to conclude that it is needed in this Kemi Adeosun situation without telling us why or how.
Now, without getting into the ditches with Professor Aluko, what I am saying is that forgery as an offence in law has been treated by the courts as a strict liability offence, that is an offence where mens rea is not needed before guilt is pronounced. It’s a strict liability offence because you are liable just by the mere fact of the offence, not by proof of your intent. In layman’s terms, it means an offence for which you are guilty, whether you have an intention of committing it or not, as far as the offence has been committed by you or in your name. It means an offence where mens rea is not an issue because no one is considering your intention. No one wants to know if you know about it or not because the fact of the offence is all that is needed for your conviction. For instance, you cannot plead innocence in a traffic offence when the offence has been committed. You cannot say: “Oh, I didn’t have an intention of breaching the traffic light” or “It is not my intention to hit the parked car”. The law is not interested in your state of mind, only in the fact of your guilt based solely on the outcome of your action. That is what we are talking about here. A document that you have presented in your name is forged; you might not know how the forgery came about, but you are guilty because the offence of forgery has been established in your name.
So far, if you get the meaning of a strict liability offence as I’ve explained it above, then you should by now know that all the legal jargoning that Professor Aluko is engaged in is unnecessary. Of course, anyone charged with forgery would most likely be charged with conspiracy as well. I mean, forgery does not just happen on its own. It happens because people conspire to make it happen. Now, it might transpire that in the course of trial and the taking of evidence, proof is tendered to show that the beneficiary of the forgery has no idea that the document in question is a forgery. If the court accepts such a finding, it will only mean the person might not be guilty of conspiracy. Yet, that does not absolve them of liability from forgery because as I said that would be treated as a strict liability offence. The fact that they have no idea it’s forged or that others they trust conspired to do it without their knowledge might help with mitigation, but it is not a defence.
Professor Aluko thinks Mrs Adeosun’s presentation of this forged Exemption Certificate twice without consequences in 2011 and to DSS in 2015 “showed the lack of some elements of mens rea on her part”. Apart from the point I’ve made about mens rea not being the issue, what Professor Aluko does not know is that the court would more likely see her action of repeated presentation of this forged certificate as a sign that she became more confident to use it after she passed the first presentation without a hitch. We should also not forget that there are stories making the rounds that she’s been blackmailed about this those two times she had to present it. What that means is that if this comes to trial, we might get more information and more damaging evidence against her that would make her case worse.
Also, Professor Aluko’s attempt to create Nigerian citizenship for Kemi Adeosun only after she got her passport at the age of 34 is laughable. The passport does not create a right, it is only evidence of a right for the purposes of travelling and other things. Kemi Adeosun did not become a Nigerian citizen at 34. She was born Nigerian because she was born by parents who themselves are Nigerian citizens. In other words, she is citizen by birth, not be naturalisation. It doesn’t matter that she was born abroad or have citizenship of another country. Section 25(1)(c) specifically refers to the case of someone like Kemi Adeosun who is “born outside Nigeria either of whose parents is a citizen of Nigeria.” It doesn’t say she has to have a Nigerian passport first because the passport does not grant you citizenship if you are already a citizen by birth. I mean, there are many Nigerians who have no need for an international passport because they have not travelled outside the country and have no intention to do so. That does not make any such Nigeria a non-citizen until he/she gets a passport. Such a person without the passport is a citizen already from the moment he or she was born. That is the case of Mrs Adeosun. She became a citizen from the moment she was born, not when she acquired a Nigerian passport.
Honestly, for some of us, Kemi Adeosun is getting away lightly because other citizens in her position are not. Recently, Professor Farooq Kperogi brought us the case of a civil servant by the name of James Ayodele Lebi who has been jailed for using a fake ICAN certificate.
https://web.facebook.com/kennedy.emetulu/posts/10212342155724327:112
Mr James Ayodele Lebi used a fake certificate to rise from Executive Officer to Senior Auditor while working in the office of the Auditor General of the Federation. He did not only lose his job in the civil service, he is now serving time. The case was brought against Mr Lebi by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the court was so worried about it that the Justice Y. Halilu who presided over the case of the Jabi High Court had this to say: “Government should scrutinize all employees on its payroll to ensure that people like the convict do not take advantage of the system because the convict would have risen to the prestigious position of AGF if he had not been caught.” But here we are with the case of Mrs Adeosun who has used a fake certificate to rise to the position of Minister of Finance and some are here declaring her not guilty as she walks away free.
From all I’ve said so far, it’s obvious that Professor Aluko’s resort to legalese is not the way to go, not only because this case is not in court, but also because to do so smacks of hypocrisy and double standard at worst and ignorance at best. He has no right to declare Kemi Adeosun not guilty in the court of public opinion on the strength of only what she has stated. I mean, why is he talking mens rea, actus rea and all that at this point? Is he now the court to determine if indeed Kemi Adeosun has mens rea or not? In what forum has her statement been tested? Where is the evidence he and his court have considered to know if she’s saying the truth or not? Or he’s just fine basing his conclusions on the single story of Mrs Adeosun, a story that in itself is a self indictment? Yes, we all may have different ways of looking at issues and we are free to do that in public space, but where crime is the issue, the only forum that determines the guilt or innocence of anyone is the court of law, not the court of Professor Bolajo Aluko or the court of public opinion.
If Professor Aluko is so sure of his position, he should not just sit there and be declaring Kemi Adeosun not guilty, quoting law he knows nothing about. He’s not a court, he’s not a judge, he’s not a lawyer. Let him, like a true citizen seeking justice, begin a campaign to try Adeosun in a proper court of law with a view to restoring her good name since he’s so damn sure of her innocence. Let him do so and we will fully support him.
For me, Mrs Adeosun should be allowed to leave in peace, but people must not provoke citizens with this precipitate declaration of innocence. Her ill-advised letter of resignation is insulting enough, let no one push the Nigerian people to start another round of campaigning to get her prosecuted like any other citizen in her position. If that happens, she has no chance in hell because her own letter of resignation alone is enough to convict her. If she goes to trial, she wouldn’t only be going to jail, she would be refunding every public money she has been paid from the time she became a Commissioner in Ogun State up till the last day she was Minister of Finance because the court will make it clear that she cannot be allowed to benefit from her criminality.
We know there are more forgers in the administration and we know Kemi Adeosun did not resign to protect some integrity, whether hers or President Buhari’s. She resigned because public pressure was brought to bear on the administration to act on the matter and they know there is nowhere to hide. The administration knows no one in the world will take them seriously if they stick with a Minister of Finance with such a baggage, so they had to let her go. But if justice must really be served, she should be in court facing charges for forgery and conspiracy like any other citizen in her position. Let no one push Nigerians to begin to demand that. Let her just quietly slink away as she has. Enough of this nonsense!
…..
--
Chidi Anthony Opara, FIIM
God have mercy on Nigeria!
CAO.
Mobolaji Aluko
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Emma. 'Ozili
Kennedy Emetulu
…..
Professor Aluko,
It’s your choice to call my response to your piece a diatribe, a “direct blackmail” or anything worse, it doesn’t make it any less true. As for the rest of your piece, it makes no sense to me. I mean, why would anybody reading me conclude that deep down I don’t really believe Kemi Adeosun committed any offence? Why would anyone think I said or implied you forged a lawyer’s certificate or whatever? Anyway, what all that tells me is that you’ve got nothing to say and that’s fine. I respect your view; I only have a different view and, like you, all I’ve done is express my view.
…..
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Mobolaji Aluko
If you were born in the UK or a British colony before 1 January 1983
You became a British citizen on 1 January 1983 if both of the following apply:
- you were a citizen of the UK and Colonies (CUKC) on 31 December 1982
- you had the ‘right of abode’ in the UK
This includes people who were born in a British colony and had the ‘right of abode’ in the UK.
It also includes people who:
- were born in the UK
- have been naturalised in the UK
- had registered as a citizen of the UK and Colonies (CUKC)
- could prove legitimate descent from a father to whom one of these applies
‘Right of abode’ means you:
- are entirely free from UK Immigration Control and don’t need permission from an Immigration Officer to enter the UK
- can live and work in the UK without restriction
If you were born in the UK on or after 1 January 1983
You don’t automatically get British citizenship if you were born in the UK......
Kenneth Emetulu:Man, you write looooong....But after all the diatribe below, you wrote thatQUOTEFor me, Mrs Adeosun should be allowed to leave in peace,UNQUOTEwith the direct blackmail that any continued expressed support for her will be met with removing that generosity.It would therefore appear then that deep down you don't really believe that Kemi Adeosun committed a criminal offence, otherwise you would be baying for her blood, like your co-anti-Buharideen Fsrooq Kperogi. In fact, any one reading you below would believe that it is I that should be paraded for acting fake lawyerliness, and that if I have not already forged a lawyer's cerificate, I am most probably already of a guilty mind to forge one, that you merely omitted to write thatFor me, Prof. Aluko should NOT be allowed to leave in peace,...Ngwanu! Where do I report to?And there you have it!Bolaji AlukoShaking his head
Mobolaji Aluko
Kenneth Emetulu:Man, you write looooong....But after all the diatribe below, you wrote thatQUOTE
For me, Mrs Adeosun should be allowed to leave in peace,
UNQUOTE
with the direct blackmail that any continued expressed support for her will be met with removing that generosity.It would therefore appear then that deep down you don't really believe that Kemi Adeosun committed a criminal offence, otherwise you would be baying for her blood, like your co-anti-Buharideen Fsrooq Kperogi. In fact, any one reading you below would believe that it is I that should be paraded for acting fake lawyerliness, and that if I have not already forged a lawyer's cerificate, I am most probably already of a guilty mind to forge one, that you merely omitted to write thatFor me, Prof. Aluko should NOT be allowed to leave in peace,...Ngwanu! Where do I report to?And there you have it!Bolaji AlukoShaking his head
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Mobolaji Aluko
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Ibigbolade Aderibigbe
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Oluwatoyin Vincent Adepoju
Chidi Anthony Opara, FIIM
Is referendum necessary in the context of the issue under reference.
Most of the solutions to our problems are captured in our constitution, no matter how imperfect! The problems of this country, I must say, are you, the over educated ones.
Take for example, the issue of "federal character", it is aptly captured in the constitution, but the President have been filling sensitive positions with his kinsfolk and you, the over educated ones are using one sophistry or the other to justify these breaches!
Now, one forger is in prison, while another forger is being proclaimed a heroine!
God bless Nigeria!
CAO.
Kennedy Emetulu
…..
Hehehehehe! Professor Aluko, you know I love you. I love you because you are a principled scholar, even though I believe you are a bad politician. Hahahaha! Okay, seriously, when you look at the law in every jurisdiction, you do so from the perspective of academics and practice, but more from the perspective of practice. Here is what I said:
“The truth is if we really want to get justice, Kemi and whoever she sent to get the certificate for her and whoever helped her with the forged certificate should be facing charges of conspiracy and forgery. If that happens, the court will determine her guilt or innocence. But I am quite certain that if she’s arraigned today, she would be easily convicted based on her own statement alone. I mean, there are courts that treat forgery as a strict liability offence while still imposing the full sentence under the Criminal and Penal Codes. The fact that she claims not to be aware that it’s a forgery will not absolve her of guilt and the fact that she has been using it before now to get public office positions can only make her case worse”.
https://web.facebook.com/kennedy.emetulu/posts/10212355596700343
So, clearly, I have not said the Criminal Code does not apply (where it applies). I am talking of the practices of courts where irrespective of the provisions of the Criminal or Penal Code, they treat the offence of forgery as a strict liability offence while still imposing the full sentence under the Codes. I chose my words carefully. I am referring to practices of lower courts (where the trials take place) where the mental element of the accused is not made part of the charge, that is where the prosecution is only required to prove the ingredients of the offence as charged. In such circumstances, the burden on the prosecution is not to prove mens rea, but simply to prove the ingredients of the offence as charged. Obviously, this is where we can say that the court is treating the matter as a strict liability offence, but even if the lower court gives incorrect reasons for treating it as a strict liability offence, appellate courts have been known to uphold the decision as correct because what they are really concerned with is whether the decision is the correct decision and not whether the reason adduced for the decision is correct. In other words, once the prosecution has proved the ingredients of the offence charged beyond reasonable doubt, irrespective of the fact that they did not prove mens rea, the appellate courts will always uphold the decision as correct.
But, let me once again point out the absurdity of this whole exchange. If you read me well, the key thing I was trying to convey to you is that this whole legal thing you are doing is precipitate. This lady has not been charged to any court, so any discussion about her being not guilty in law, talking mens rea, actus reus and so on is just plainly non sequitur, so to speak. It’s a wild goose chase that adds nothing of value to the issue as it is! Okay, here you are again quoting the Criminal Code Act for me and challenging me to look at this or that section, but for what purpose? I Mean, if Kemi Adeosun is going to be charged, she’s very likely to be charged under the Penal Code Law or/and ICPC Act. So, what’s the whole point of discussing the Criminal Code Act when it is not likely to be the applicable law?
I’m not saying the above to indicate that there’s a whole lot of difference between the various criminal laws or codes that apply in different parts of the country, I’m just pointing out the futility of this legal jujitsu that will take us nowhere because this matter is not a fable; it’s real even if not in court at the moment. If we therefore choose to go on any legal adventure, we must not lose touch with the facts of the case as we know them so far.
But if you are keen on really having this debate, even with this obvious handicap, if you are interested in talking the law involved at least based on what you and I have been debating so far, I can oblige you. However, if this is what you want to do, considering that our purpose here is to learn from each other; let’s help the process of elucidation by taking the debate a bit at a time. I also don’t want you to accuse me of writing “looooong”, so, we take it bit by bit and I can assure you that we will still arrive our destination at the end of it all. That destination is the opportunity for both of us to clarify every legal issue we have raised to our satisfaction and in a manner that both of us would be clear as to what we are saying and with those reading us to also understand it clearly as well.
To that end, I’m proposing that I start this stage of the debate by just asking you FIVE questions based on the claims you have made so far. I believe your response will ultimately prove what I have stated. Once you have adequately addressed my questions, you can then do the same with me. That way, we make sense to each other and to others following this debate. I have looked at your response and of everything I have said, you seem to have picked issues with only two:
My claim that there are courts that treat forgery as a strict liability offence while still imposing the full sentence under the Criminal and Penal Codes.
The citizenship of Kemi by birth.
NOTE 1:
You have said so many indefensible things so far, but we are not going to ignore them and neither am I asking you to ignore anything I’ve said that you think I cannot defend. My proposal is simply for us to have some kind of structure to this debate, so we don’t talk over each other. I’m not interested in name-calling or personal attacks. As I said, I respect you and have no reason to call you names, even if you choose to insult me. Honestly, I just find the dimension you’re taking the whole thing really funny. My focus here is strictly on the issue and the approach I’m suggesting now will help immensely in that regard. Answer my questions based on the claims you have made here and once you’ve done so, ask me your questions based on the claims I’ve made. You can ask as many questions and many more questions as many times as you like as far as we keep to this format I’ve proposed. This is the way to avoid a circular debate.
Now, going with your logic as expressed in relation to the two issues I’ve identified as your grouses above, please answer these FIVE questions:
You assert that Kemi Adeosun cannot be guilty of forgery because she did not have mens rea. Can you mention any caselaw, just any case at any level of the judicial system where an accused person was charged with forgery and the defence of the lack of mens rea succeeded? In other words, can you show us any case where the sole charge was forgery and a defence of lack of mens rea was successfully canvassed on behalf of the accused?
Can you mention any caselaw, just any case at any level of the judicial system where an accused person was charged with forgery and other offences and the defence of the lack of mens rea was successfully canvassed on behalf of the accused person in relation to the charge of forgery?
Show an example of any person in the world whose citizenship by birth was confirmed by a passport or show any country’s passport in the world that confers citizenship by birth on any person.
When the authorities of your country withdraw or withhold your passport (for whatever reason) because it is the property of the government, following your logic, does that mean they are withdrawing your citizenship by birth?
If Kemi Adeosun only thought of herself as a citizen when she was 34, why did she apply for exemption from the NYSC programme when she clearly did not need it because she wasn’t graduating at that point? Or did she actually apply or forge an Exemption Certificate or got one forged on her behalf (whether she was aware it was forged or not) only because she knew she graduated at 22 as a Nigerian citizen and that at the age of above 30 she needs an Exemption Certificate, even though her approach is quite irregular?
NOTE II:
What I am doing here is (i) asking you to show proof that your claim that Kemi will not be guilty of forgery in a Nigerian court because she has no mens rea is actually possible in practice and (ii) asking you to show proof that Kemi Adeosun only became a citizen of Nigeria when she got her Nigerian passport at the age of 34.
NOTE III:
“Nobody has claimed that Nike Adeosun forged the NYSC exemption document herself. So this Section does not apply to her”. Professor Bolaji
You stated the above somewhere in your last response to me, but I need to tell you here and now that this is not the case because you have chosen to argue the law. I explained earlier that you were being precipitate with your analysis because this matter is not before any court of law yet and even when it comes before the courts, it is not the law you are quoting that will apply. But, you insist on arguing the law. So, that being the case, you cannot make a categorical statement like the one above when the claim has not been tested in a court of law and when neither of us know this for a fact. Here is what Kemi Adeosun said in her letter of resignation:
“Your Excellency, kindly permit me to outline some of the background to this matter. I was born and raised in the United Kingdom, indeed my parental family home remains in London. My visits to Nigeria up until the age of thirty-four (34) were holidays, with visas obtained in my UK passport. I obtained my first Nigerian passport at the age of thirty-four (34) and when I relocated there was debate as to whether NYSC Law applied to me. Upon enquiry as to my status relating to NYSC, I was informed that due to my residency history and having exceeded the age of thirty (30), I was exempted from the requirement to serve. Until recent events, that remained my understanding.
“On the basis of that advice and with the guidance and assistance of those, I thought were trusted associates, NYSC were approached for documentary proof of status. I then received the certificate in question. Having never worked in NYSC, visited the premises, been privy to nor familiar with their operations, I had no reason to suspect that the certificate was anything but genuine. Indeed, I presented that certificate at the 2011 Ogun State House of Assembly and in 2015 for Directorate of State Services (DSS) Clearance as well as to the National Assembly for screening. Be that as it may, as someone totally committed to a culture of probity and accountability I have decided to resign with effect from Friday, 14th September, 2018”.
Here are things to note from the above:
There is nothing she stated there that indicates clearly that someone else helped her forge the document. She only said she followed the guidance of and took advice from associates she thought were trusted. She did not say if these associates were the people who procured the forged document for her. She only said based on the advice and guidance of these unnamed associates, “NYSC were approached for documentary proof of status” (whatever that means). NYSC said she made an application, but the forged Certificate of Exemption she has in her possession is not from the NYSC. So, what happened to her application, which itself is not the proper way to seek an exemption? Who forged the Exemption Certificate she has been using to unlawfully occupy public offices against the laws of Nigeria, including earning the money and privileges associated with these positions? Who gave the forged Exemption Certificate to her? The only person in all this, the only person mentioned in all this is Kemi Adeosun. Kemi Adeosun has not told us the role played by those she thought were trusted associates. Did they forge the Exemption Certificate? If so, who are these persons? Did they just give her wrong advice? If so, of what relevance are they in her account? They can only be relevant if they have something to do with the forgery and if they do, Kemi Adeosun should be naming them now. Failure to name any person as part of the forgery squarely makes Kemi Adeosun the forger. In fact, everything about the forged Exemption Certificate indicates it could only have been forged by a person very ignorant of the NYSC programme. The forged Exemption Certificate does not look at all like the standard ones issued by the NYSC and it was ‘signed’ by a Director-General that had left office eight months before. The NYSC has categorically denied it came from them in any way. No staff of the NYSC has been mentioned or implicated in this forgery. The fact that such an obviously fraudulent document passed security screening twice for high office indicates that there was most likely a syndicated effort to protect her until the Premium Times decided to blow the whistle, which implies that she has always known that it was a forgery. Indeed, we have reports in the press indicating she’s been repeatedly blackmailed over it.
So, Professor Aluko, you can get on with your analysis without making a categorical statement about who the forger is and who is not. At the moment only Kemi Adeosun’s name is out there over this forgery. If there is a suspect forger, it’s Kemi Adeosun until the contrary is proven.
Below is a link to an interview with Anthony Ani, a former Director of Mobilization at the National Youth Service Corps(NYSC) explaining how mobilization is done and how Certificates of Exemption are procured. Also below is a link to the NYSC Act. Read and understand that what Mrs Adeosun is talking is pure bullshit. I mean, it’s obvious that she knew she had to do the one year NYSC programme when she came to the country. But she didn’t do it while working in the private sector because while there, she didn’t have to submit anything for public scrutiny. But as soon as it became clear she was going to be a Commissioner in Ogun State, she procured a forged one. Everything she’s said and done over this does not indicate innocence.
https://www.thecable.ng/dont-apply-exemption-certificate-says-ex-nysc-director
http://lawnigeria.com/LawsoftheFederation/NATIONAL-YOUTH-SERVICE-CORPS-ACT.html
………………
Kenneth Emetulu:
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Mobolaji Aluko
She now has her scars to show, just as I have scars to show in working also in my native country Nigeria in the public sector from 2011 to 2016, and in the private sector from 2016 to 2017,, having worked in my other country USA from 1980 to 2011 (between ages 25 and 56 in the USA, ages 56 and 62 in Nigeria).
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Salimonu Kadiri
Thank you Bolaji Aluko for confronting intellectual megalomaniacs and autocrats with exaggerated self-worth in public discourse not only with facts of the law but also commonsense. If we are to grade crimes in Nigeria in order of severity and priority, from one to ten, the alleged crime of Kemi Adeosun concerning her NYSC exemption certificate will rank ten. However, Barrister Kennedy Emetulu rated the alleged Kemi Adeosun's forged NYSC certificate as the most grievous crime ever committed in Nigeria. Therefore he wrote, "Recently, Professor Farooq Kperogi brought us the case of a civil servant by the name of Mr. James Ayodele Lebi who has been jailed for using a false ICAN certificate. Mr. James Ayodele Lebi used a fake certificate to rise from Executive Officer to Senior Auditor while working in the office of the Auditor General of the Federation." For the benefit of those who do not know, ICAN stands for Institute of Chartered Accountant of Nigeria and it is a professional license for Accountants in Nigeria. Mr. James Ayodele Lebi's degree qualified him to work as an Executive Officer but not as a Senior Auditor in the office of the Auditor General of the Federation. In order to get promotion to the rank of a Senior Auditor Mr. James Ayodele Lebi licensed himself with a fake ICAN. In view of Barrister Kennedy Emetulu and his pal's opinion one is bound to ask if ICAN is equivalent in value to NYSC?
National Youth Service Corp (NYSC) is not a professional Institute and, in reality, it does not issue a certificate but a testimonial. If those who attended NYSC have been inoculated there with patriotism and nationalism as it was intended, Nigeria would not have been under- developed economically and industrially today in spite of her huge natural resources and manpower. If NYSC has had any meaningful influence on participants, the ethnic origin/religion of the President, vice President, Ministers and public servants would have ceased to be important factor in electing/appointing public officials in Nigeria. What would have been important to Nigerians is the competence of the political leaders and public officials since, for instance, there is no tribal marks or religious colour of constant electricity or refined crude oil. In order to prove that the crime committed by Mr. James Ayodele Lebi is not the same as Mrs. Kemi Adeosun, let us look at her profile.
In 1989, Mrs. Kemi Adeosun (maiden name, Folakemi Oguntomoju) graduated at the age of 22 in Applied Economics from Polytechnic of East London that later became University of East London in 1992. She was born and brought up in Britain by her Nigerian parents. After graduation, she was employed at British Telecoms from where she proceeded to take appointment as an audit officer in an accounting and investment firm, Goodman Jones, till 1993. In 1994, she joined London Underground Train Company as Internal Audit Manager before being employed in a Finance Firm, Prism Consulting, where she worked between 1996 and 2000. In 2000, she was hired by Price-water-house Coopers where she worked for two years. She is licensed by the Institute of Chartered Accountants in England and Wales, as well as Institute of Chartered Accountants of Nigeria, as a professional accountant. Having been born in England, she possessed a British Passport in which she obtained Nigerian visa whenever she visited Nigeria. At the age of 30, she procured a Nigerian passport. In 2002 she returned to Nigeria and was employed at a private firm, Chapel Hill Denham. Later she moved to Quo Vadis Partnerships as Managing Director before becoming Ogun State's Commissioner of Finance from where she was catapulted to Minister of Finance for the Federal Republic of Nigeria. Unlike Mr. James Ayodele Lebi who presented a fake ICAN certificate to attain Senior Auditor's rank, Mrs. Kemi Adeosun possessed genuine qualifications required to justify her appointment as Minister of Finance. The NYSC testimonial is an embellishment which has nothing to do with the ability of Mrs. Kemi Adeosun to perform knowledgeably as Minister of Finance.
When Mrs Adeosun returned to Nigeria in 2002, she was, or about to be, 35. If she had returned to Nigeria immediately after graduating at the age of 22 or before 30, one would have understood the need for her to enrol for the one year NYSC service. According to NYSC Act, a person over the age of 30 at the date of graduation is eligible for exemption from participating in NYSC. When Mrs. Kemi Adeosun graduated at the age of 22, she was not in Nigeria and she was not a Nigerian because she owned British passport only. She was over 30 when she got her Nigerian passport which qualified her for dual citizenship. If a person who graduated after the age of 30 could be exempted from NYSC, why then should a person like Mrs. Adeosun who had attained the age of 35 when she returned to Nigeria not be qualified for exemption? Could the framers of the NYSC Act have meant that a Nigerian who graduates at the age of over 30 in Nigeria be exempted from serving, but another Nigerian who graduated abroad at the age of 22 and returned to Nigeria at the age over 30 should serve? Mrs. Kemi Adeosun was right in applying for exemption but he was naive to assume that Nigeria is like Britain. The NYSC received her application and directed their touts to her which resulted in the now famous NYSC fake exemption certificate. As Bolaji Aluko has explained, Barrister Kennedy Emetulu goofed when he asserted that Kemi Adeosun was automatically a Nigerian because her parents are Nigerians even though she was born and bred in UK. A proof that she was not a Nigerian was her obtainment of Nigerian visa in her British passport whenever she visited Nigeria. Ignorance is no excuse in law and Mrs. Kemi Adeosun has accepted responsibility for being naive in the process that led to her procurement of NYSC exemption certificate. Weighing the consequence of her fake NYSC on the wellbeing of Nigerians, not a single Nigerian has been hot or lost his/her life. However, some Nigerian intellectual despots and white-silk-wig wearing pettifogers are flexing their muscles to prosecute her. Yet, these elements that are now feigning concern for obedience of the Nigerian law remained deaf, dumb and blind when the staff officers of the Nigerian Armed Forces colluded with politicians to share among themselves money appropriated for the purchase of weapons for Nigerian soldiers to crush Boko Haram insurgents. Consequently, Boko Haram captured 50 thousand square kilometres land areas of Nigeria and declared it a caliphate; thousands of poorly armed Nigerians were killed and maimed by Boko Haram; over two million Nigerians were driven from their homes into refugee camps in Nigeria by Boko Haram; the enablers of Boko Haram to perpetrate heinous crime against innocent Nigerians have been arrested and charged to court but the corrupt Nigerian judiciary has granted all of them bail and adjourned their cases sine die. Crude oil producing and exporting Nigeria has four crude oil refineries that are allotted 450 thousand barrels of crude oil per day to refine fuel for domestic consumption. Experts have said that if the refineries are working at installed capacity, the pump price of petrol in Nigeria will not exceed N35/litre. The highly remunerated managers of the Nigerian crude oil refineries have been unproductive paving way for the association of crude oil forwarders to Europe and America to import adulterated petrol into Nigeria. Consequently, hundreds of Nigerian lives are being blown away on Nigerian roads everyday. The association of forwarder and receiver were not contended with importing adulterated fuel to dupe Nigerian masses, they claimed to have received and distributed ghost fuel and fraudulently received trillions of naira from the Federal Government as fuel subsidy. When two times Nigerian Minister of Finance, Ngozi Okonjo-Iweala, wrote a book, Fighting Corruption Is Dangerous, she was not writing on the three years government of President Mohammadu Buhari, but the 16 years rule of PDP. Muscle flexing Nigerian intellectuals were voiceless. Once, there was Minister of Internal Affairs called Abba Moro, who sold non-refundable recruiting examination forms into the Nigerian immigration service to 675,000 Nigerian youths at 1,000 naira each for 5,475 vacancies. The minister and his cronies earned 675 million naira at the cost of lives of 19 youths who were trampled to death in overcrowded exam centres. He retained his ministerial position until that government was voted out of office in 2015. He and his cronies were charged to the court by the succeeding government for fraud and cause of deaths of 19 Nigerian youths. The corrupt Nigerian judiciary granted the culprits bail and adjourned the case sine die. In all the outrageous economic and financial crimes committed by Nigerian officials and which have cost thousands of Nigerian lives and impoverished millions, cripple-minded Nigerian intellectuals lost their voice only for the shameless hypocrites to regain it on Mrs. Kemi Adeosun's fake NYSC certificate that has not incur any injury or death to any Nigerian. Think with your brain and stop chasing ring worm while leaving leprosy!!!
S. Kadiri
Skickat: den 17 september 2018 01:30
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Ämne: Re: USA Africa Dialogue Series - On the Resignation of Kemi Adeosun as Finance Minister
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Kennedy Emetulu
…..
Professor Aluko,
Thank you for your latest response. I didn’t spend anytime “crafting” my five questions to you because they’re just the natural questions that came to mind after reading your earlier response to me. Answering them would have helped the cause of understanding in this debate. But, I respect the fact that you have chosen to move on, even if in doing so, you’ve left me with an article by my brother, Tope Popoola. As you know, I’ve dispassionately addressed some of the issues he’s raised in my response to you.
Professor Aluko, for many Nigerians, Diaspora and home-based, serving Nigeria is a labour of love. We know we have many issues, but we must not confuse things. We cannot always be wheeling out our well-known social problems as a fit-all response in defence of persons who’ve made evidently poor judgment in public service. This whole canonisation of Kemi Adeosun is not in the interest of propriety. Sure, there is room for sympathy, but none for sentiments in analysing the issues involved.
Mr Popoola’s many troubles with the Nigerian culture of fakery is everyday stuff, but his problem with the NYSC is a unique one and certainly not comparable to Adeosun’s. It does not reflect well on the NYSC that a citizen after service has no Discharge Certificate, but we thank God that they at least gave him a letter of attestation which serves the same purpose as a Discharge Cerificate. Of course, this isn’t in any way a defence of the NYSC’s handling of his issue, it’s just a fact that we need to recognise when attempting a comparison with Adeosun’s situation.
Let me now use this opportunity to respond to some of the questions raised by Mr Popoola. I hope my intervention will help us understand the issues better.
“1. If indeed, Kemi applied for an exemption as confirmed by NYSC, how long does it take for NYSC to give a response, positive or negative to such a request? If she hadn’t, I would have been worried. But she did! Kemi served as Commissioner for Finance in Ogun State for FOUR years and another THREE as Minister at the Federal level and yet, no official response to her request! I can identify with that. NYSC NEVER replied any of my enquiries on the whereabouts of my Discharge Certificate almost forty years ago till today!”
Mr Popoola’s experience with the NYSC is different from Kemi Adeosun’s. Mr Popoola actually served and even though he was not given a Discharge Certificate, he got a letter of attestation that serves the same purpose. Kemi Adeodun’s letter is not relevant because that is not the way prospective Corps members and persons qualified for exemption are mobilized. What Kemi ought to have done was present her credentials to the NYSC and report for mobilization. The NYSC system would therefrom determine her status and give her a Certificate of Exemption once it is determined from the information provided that she is qualified for exemption.
In her case, she is not qualified for exemption because she finished her degree programme at 22. So, what she ought to have done once she decided to come home was arrange for her NYSC service time, after reporting for orientation, to be served with her company while she was in the private sector. Instead, what she did was ignore it because she saw no need for it at the time. But once she knew she was going to be appointed a Commissioner, which would require a public presentation of her credentials, she chose the ill-advised route of presenting a forged Certificate of Exemption. She was able to get away with it twice when she presented it because she had people covering up for her in the system. It’s only come to light now because Premium Times made it their duty to expose her. She was forced to resign because of public outcry.
“2. Could a staff of NYSC have scammed Kemi, taking advantage of her naivety, to produce and present the forged certificate to her, purporting it to be the response of the NYSC to her request, a possible reason why she did not bother to pursue the matter further with NYSC?”
No. In this very case, the NYSC authorities ought to be commended because they rebuffed pressures to cover up for her. I know this as a matter of fact because I have followed the matter closely. No NYSC staff was mentioned or implicated in any way. The forged Certificate of Exemption did not come from the NYSC, so the question of any NYSC staff scamming her does not arise. Kemi Adeosun in her letter of resignation said some associates gave her guidance and advice, but she never mentioned the names of these associates neither did she say they procured the forged Certificate of Exemption for her. The only name mentioned is Kemi Adeosun’s. If indeed anyone helped her to forge the Certificate of Exemption or helped procure it, she should mention these persons. She cannot just say she was misled by associates she trusted without mentioning their names or the role they played in the saga. It’s not difficult to see why we cannot believe her just like that.
“3. Did Kemi, not having lived or operated in Nigeria before she was headhunted by Governor Ibikunle Amosun, have a way of knowing what an authentic exemption certificate looks like for her to discern that the one she got was fake? I have lived in Nigeria all my life, used several cars, renewed several driver’s licenses over a 36-year period, yet, I was scammed by officials of the relevant agencies!”
Kemi knows the Certificate of Exemption in her possession is fake. She procured a fake Certificate of Exemption to clinch the Commissionership and later the ministerial appointment and she did so because those who should be vetting the documents were protecting her. The only reason the rest of us have come to know about it now after years of cover-up is because Premium Times exposed her.
“4. Was it out of place for Kemi to have relied on the certificate she was given, especially when there was no subsequent communication from NYSC granting or refusing her exemption?”
Certificate given by who? As I explained, the NYSC does not mobilize prospective Corps members or those eligible for exemption through letters. She was not given any Exemption Certificate by the NYSC. Unlike, Mr Popoola who actually served and who in the account of his victimhood with fake service providers showed that he would go to any length to get the right thing, Mrs Adeosun did not even visit the NYSC at all. I mean, what does that say? She did not even tell us that anyone procured this forged Certificate of Exemption for her. It’s obvious she forged it herself and had hoped to get away with it. She did for sometime because with big political lords as godfathers, she was ‘protected’. But excellent investigative journalism from Premium Times exposed her. Mr Popoola was a victim throughout his ordeals, but Mrs Adeosun was not a victim. She was a perpetrator who got away with it for years as Commissioner in Ogun State and Minister of the Federal Republic with everything that comes with that. She has profited immensely from her criminality.
Below is a link to an interview with Anthony Ani, a former Director of Mobilization at the National Youth Service Corps(NYSC) explaining how mobilization is done and how Certificates of Exemption are procured. Also below is a link to the NYSC Act. People should read and understand that what Mrs Adeosun is talking is pure bullshit. I mean, it’s obvious that she knew she had to do the one year NYSC programme when she came to the country. But she didn’t do it while working in the private sector because while there, she didn’t have to submit anything for public scrutiny. But as soon as it became clear she was going to be a Commissioner in Ogun State, she procured a forged one.
https://www.thecable.ng/dont-apply-exemption-certificate-says-ex-nysc-director
http://lawnigeria.com/LawsoftheFederation/NATIONAL-YOUTH-SERVICE-CORPS-ACT.html
“5. Is the NYSC not complicit in the entire process? If you ask me, I think that the NYSC is the real culprit here! That body has a case to answer!”
The NYSC has discharged itself creditably. They were not involved at any level and they have done well to rebuff the attempts to compromise them over this matter.
“6. Would Kemi, with her pedigree and her exposure, have deliberately committed a fraud over an exemption certificate? I doubt it. She never claimed that she served. Her claim was that she sought an exemption. NYSC confirmed that much”.
Kemi knew what she was doing. She wanted the job of Commissioner and the only thing that could have stopped her was the lack of a Discharge Certificate or Certificate of Exemption. She forged the latter to clinch the job and later to also clinch the job of Minister of Finance. She could not have been a Commissioner or Minister without the Exemption Certificate. People should be worried that she was able to scam the nation for more than 7 years.
“7. Why the special focus on Kemi? Why did the story break just shortly after her tiff with the Senate as well as NNPC and its opaque operations? It reminds one very rudely of Lamido Sanusi’s travails. He was hailed as the whiz kid of Nigerian banking until he started prying into NNPC issues! He was promptly pilloried and sacrificed. Ditto Nuhu Ribadu, czar of anti-corruption, poster boy of institutional probity, until he started trying to fish in ‘sacred’ waters! Coincidence? A Presidential aide, Okoi Obono-Obla has allegedly had his Secondary School Leaving Certificate repudiated by WAEC. He continues to be on the roll of Nigerian lawyers and a presidential Special Adviser. It has not generated the same hoopla as Kemi’s case has. Yet, thankfully, none of Kemi’s academic credentials is suspect”.
First, this is a conspiracy theory. Kemi’s situation is not comparable to Lamido Sanusi’s or Ribadu’s. She wasn’t exactly a revolutionary figure within the government dreaded by any special interest. She was just there being a conformist, doing the biddings of her godfathers. We have heard reports that during her Senate hearings, there were persons who knew of the forged Certificate of Exemption and who blackmailed her to get confirmation. So, she has friends amongst them and was never at loggerheads with them. I mean, even if she was, it does not justify the fact that she actually used a forged Certificate of Exemption to get two top jobs in the public service. Nobody planted it on her; she procured it and she’s used it to benefit herself at the expense of the nation.
People have not focused on her specially. The public have also been calling for the sack of Obono-Obla and Louis Edozien, but Kemi Adeosun is the most high-profile of the lot. To me, what is obvious is that the resignation became necessary, not only because of public outcry, but because it also played nicely into the hands of the hegemonists in the administration. Just imagine the outcome of it all. Zainab Ahmed, Nasir el-Rufai’s sister who is the Minister of State for Budget and National Planning has now taken over the Finance ministry and Ogun State has lost its constitutional place in the federal cabinet. Who is the winner now if not the hegemonists?
“8. If indeed Kemi carried a British passport until the age of 34, would it then be right to technically refer to her as a Nigerian until that time when she chose dual citizenship by obtaining a Nigerian passport? Lawyers can help me out here. I want to be educated”.
I have responded to this question in my first response to you. Earlier in the evening, I also responded to Feyi Fawehinmi in the link below. Please, note that apart from my initial response to Feyi, several other explanatory posts followed in the course of the discussion. The position is clear. Kemi has always been a Nigerian citizen since birth irrespective of when she chose to collect her passport.
https://www.facebook.com/FeyiF/posts/10160842044400503?__tn__=-UC-R
“Until I have reason to be otherwise convinced, going by my experiences shared in the first and second parts of this write-up, I believe that Kemi Adeosun, like many other Nigerians, including possibly YOU reading this, was just a pawn in a chess game where the Grand Masters have learnt to prey on the intelligence of a people who hardly interrogate issues beyond hype and hoopla, even when they themselves are also mere pawns”.
Kemi was no pawn. She’s a failed Grandmaster. The truth isn’t that complicated.
“It is Kemi today. She is the dog being called a bad name. Technically, she has just been hanged. Perhaps she is culpable and is stewing in her own juice. Maybe she was just a victim of her own “ajebutter” naivety. It may be YOU tomorrow. Did you say it cannot happen to you?”
She’s lucky to be getting away without prosecution and without a request for restitution. She illegally earned money and privileges as a Commissioner and Minister. If she’s prosecuted, the law will not allow her benefit from her criminality. She’s better off lying low. She’s got no case.
“Maybe. But before you make that boast, go into your own records and those of your children if they were issued in Nigeria before the chess players do so for you. Every single one of them. Birth certificate. Primary School Leaving Certificate. Secondary school. University. NYSC Discharge Certificate. Marriage certificate. Driver’s License. Vehicle particulars. Land purchase documents. Property documents. Certificate of Occupancy. Import Duty certificates. Tax records. Verify that they are all genuine. Maybe then, you can join those who pillory Kemi Adeosun”.
No, it’s a simple matter of forgery done by Kemi Adeosun herself and nobody else. She did it to get an advantage and she did. That’s all there is to this.
“If you are not able to do that and you are currently throwing stones at Kemi, watch your back. Just do not venture into public office. Keep throwing your stones by the sidelines. Otherwise, on the day the wind blows to expose the behind of your own fowl, get ready for arrows and javelins to be hurled in your direction while you wonder what on earth happened!!!”
Why? Not every person in public office or seeking public office is a forger or criminal. If you are a forger and criminal and you are in public office, our prayer is that you should be exposed.
“Kemi Adeosun leaves Nigerian public service space with her head held high. She has my respect for honorably resigning, one of the very few public officials to ever do so instead of being kicked out with ignominy, a sacrificial lamb on the altar of our collective systemic dysfunctionality which should have engaged our attention instead of the largely shallow-minded nitpicking that attended this whole saga. To those who may be clinking glasses tonight at her resignation, your victory is phyrric! You may be the next lamb!”
She did nothing extraordinary by resigning and when she did, she did not honourably resign. She sat there for three months while people were calling for her to resign. She was eventually kicked out when the hegemonists decided that they wanted to put their person there pursuant to their own agenda. She is no lamb.
“Today, Kemi returned to Britain, the first place she knew as home, signposting to foreign-born Nigerian diasporans who would like to return home to serve their fatherland that this is a land that eats up its good inhabitants.
Again, our loss becomes their own gain! Very sad!”
No, she isn’t the first from Diaspora to serve Nigeria. She had been working in the Nigerian private sector before she came into public service. We cannot have one rule for her and another rule for others. As I said, there is room for sympathy, but no room for sentiments in analysing the issues, except of course if we want to lie to ourselves.
…
Kenneth Emetulu:
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OLAYINKA AGBETUYI
This message is eligible for Automatic Cleanup! (Thank you Bolaji Aluko for confronting intellectual megalomaniacs and autocrats with exaggerated self-worth in public discourse not only with facts of the law but also commonsense. If we are to grade crimes in Nigeria in order of severity and priority, from one to ten, the alleged crime of Kemi Adeosun concerning her NYSC exemption certificate will rank ten. However, Barrister Kennedy Emetulu rated the alleged Kemi Adeosun's forged NYSC certificate as the most grievous crime ever committed in Nigeria. Therefore he wrote, "Recently, Professor Farooq Kperogi brought us the case of a civil servant by the name of Mr. James Ayodele Lebi who has been jailed for using a false ICAN certificate. Mr. James Ayodele Lebi used a fake certificate to rise from Executive Officer to Senior Auditor while working in the office of the Auditor General of the Federation." For the benefit of those who do not know, ICAN stands for Institute of Chartered Accountant of Nigeria and it is a professional license for Accountants in Nigeria. Mr. James Ayodele Lebi's degree qualified him to work as an Executive Officer but not as a Senior Auditor in the office of the Auditor General of the Federation. In order to get promotion to the rank of a Senior Auditor Mr. James Ayodele Lebi licensed himself with a fake ICAN. In view of Barrister Kennedy Emetulu and his pal's opinion one is bound to ask if ICAN is equivalent in value to NYSC?
National Youth Service Corp (NYSC) is not a professional Institute and, in reality, it does not issue a certificate but a testimonial. If those who attended NYSC have been inoculated there with patriotism and nationalism as it was intended, Nigeria would not have been under- developed economically and industrially today in spite of her huge natural resources and manpower. If NYSC has had any meaningful influence on participants, the ethnic origin/religion of the President, vice President, Ministers and public servants would have ceased to be important factor in electing/appointing public officials in Nigeria. What would have been important to Nigerians is the competence of the political leaders and public officials since, for instance, there is no tribal marks or religious colour of constant electricity or refined crude oil. In order to prove that the crime committed by Mr. James Ayodele Lebi is not the same as Mrs. Kemi Adeosun, let us look at her profile.
In 1989, Mrs. Kemi Adeosun (maiden name, Folakemi Oguntomoju) graduated at the age of 22 in Applied Economics from Polytechnic of East London that later became University of East London in 1992. She was born and brought up in Britain by her Nigerian parents. After graduation, she was employed at British Telecoms from where she proceeded to take appointment as an audit officer in an accounting and investment firm, Goodman Jones, till 1993. In 1994, she joined London Underground Train Company as Internal Audit Manager before being employed in a Finance Firm, Prism Consulting, where she worked between 1996 and 2000. In 2000, she was hired by Price-water-house Coopers where she worked for two years. She is licensed by the Institute of Chartered Accountants in England and Wales, as well as Institute of Chartered Accountants of Nigeria, as a professional accountant. Having been born in England, she possessed a British Passport in which she obtained Nigerian visa whenever she visited Nigeria. At the age of 30, she procured a Nigerian passport. In 2002 she returned to Nigeria and was employed at a private firm, Chapel Hill Denham. Later she moved to Quo Vadis Partnerships as Managing Director before becoming Ogun State's Commissioner of Finance from where she was catapulted to Minister of Finance for the Federal Republic of Nigeria. Unlike Mr. James Ayodele Lebi who presented a fake ICAN certificate to attain Senior Auditor's rank, Mrs. Kemi Adeosun possessed genuine qualifications required to justify her appointment as Minister of Finance. The NYSC testimonial is an embellishment which has nothing to do with the ability of Mrs. Kemi Adeosun to perform knowledgeably as Minister of Finance.
When Mrs Adeosun returned to Nigeria in 2002, she was, or about to be, 35. If she had returned to Nigeria immediately after graduating at the age of 22 or before 30, one would have understood the need for her to enrol for the one year NYSC service. According to NYSC Act, a person over the age of 30 at the date of graduation is eligible for exemption from participating in NYSC. When Mrs. Kemi Adeosun graduated at the age of 22, she was not in Nigeria and she was not a Nigerian because she owned British passport only. She was over 30 when she got her Nigerian passport which qualified her for dual citizenship. If a person who graduated after the age of 30 could be exempted from NYSC, why then should a person like Mrs. Adeosun who had attained the age of 35 when she returned to Nigeria not be qualified for exemption? Could the framers of the NYSC Act have meant that a Nigerian who graduates at the age of over 30 in Nigeria be exempted from serving, but another Nigerian who graduated abroad at the age of 22 and returned to Nigeria at the age over 30 should serve? Mrs. Kemi Adeosun was right in applying for exemption but he was naive to assume that Nigeria is like Britain. The NYSC received her application and directed their touts to her which resulted in the now famous NYSC fake exemption certificate. As Bolaji Aluko has explained, Barrister Kennedy Emetulu goofed when he asserted that Kemi Adeosun was automatically a Nigerian because her parents are Nigerians even though she was born and bred in UK. A proof that she was not a Nigerian was her obtainment of Nigerian visa in her British passport whenever she visited Nigeria. Ignorance is no excuse in law and Mrs. Kemi Adeosun has accepted responsibility for being naive in the process that led to her procurement of NYSC exemption certificate. Weighing the consequence of her fake NYSC on the wellbeing of Nigerians, not a single Nigerian has been hot or lost his/her life. However, some Nigerian intellectual despots and white-silk-wig wearing pettifogers are flexing their muscles to prosecute her. Yet, these elements that are now feigning concern for obedience of the Nigerian law remained deaf, dumb and blind when the staff officers of the Nigerian Armed Forces colluded with politicians to share among themselves money appropriated for the purchase of weapons for Nigerian soldiers to crush Boko Haram insurgents. Consequently, Boko Haram captured 50 thousand square kilometres land areas of Nigeria and declared it a caliphate; thousands of poorly armed Nigerians were killed and maimed by Boko Haram; over two million Nigerians were driven from their homes into refugee camps in Nigeria by Boko Haram; the enablers of Boko Haram to perpetrate heinous crime against innocent Nigerians have been arrested and charged to court but the corrupt Nigerian judiciary has granted all of them bail and adjourned their cases sine die. Crude oil producing and exporting Nigeria has four crude oil refineries that are allotted 450 thousand barrels of crude oil per day to refine fuel for domestic consumption. Experts have said that if the refineries are working at installed capacity, the pump price of petrol in Nigeria will not exceed N35/litre. The highly remunerated managers of the Nigerian crude oil refineries have been unproductive paving way for the association of crude oil forwarders to Europe and America to import adulterated petrol into Nigeria. Consequently, hundreds of Nigerian lives are being blown away on Nigerian roads everyday. The association of forwarder and receiver were not contended with importing adulterated fuel to dupe Nigerian masses, they claimed to have received and distributed ghost fuel and fraudulently received trillions of naira from the Federal Government as fuel subsidy. When two times Nigerian Minister of Finance, Ngozi Okonjo-Iweala, wrote a book, Fighting Corruption Is Dangerous, she was not writing on the three years government of President Mohammadu Buhari, but the 16 years rule of PDP. Muscle flexing Nigerian intellectuals were voiceless. Once, there was Minister of Internal Affairs called Abba Moro, who sold non-refundable recruiting examination forms into the Nigerian immigration service to 675,000 Nigerian youths at 1,000 naira each for 5,475 vacancies. The minister and his cronies earned 675 million naira at the cost of lives of 19 youths who were trampled to death in overcrowded exam centres. He retained his ministerial position until that government was voted out of office in 2015. He and his cronies were charged to the court by the succeeding government for fraud and cause of deaths of 19 Nigerian youths. The corrupt Nigerian judiciary granted the culprits bail and adjourned the case sine die. In all the outrageous economic and financial crimes committed by Nigerian officials and which have cost thousands of Nigerian lives and impoverished millions, cripple-minded Nigerian intellectuals lost their voice only for the shameless hypocrites to regain it on Mrs. Kemi Adeosun's fake NYSC certificate that has not incur any injury or death to any Nigerian. Think with your brain and stop chasing ring worm while leaving leprosy!!!
S. Kadiri
Skickat: den 17 september 2018 01:30
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Mobolaji Aluko
OLAYINKA AGBETUYI
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Chidi Anthony Opara, FIIM
You can seek private prosecution against Adeosun and the FG if you are so much aggrieved.
Gani Fawehinmi and Femi Falana took legal action against a MILITARY government for that matter over Dele Giwas death daring their BULLET! All we hear in this forum is mouth mouth mouth mouth; yanfu yanfu yanfu; hack writing, half truths and misinformation.
Why should anyone think of going to court when the highest court of the land(you and your cohorts), have discharged and acquitted your sister and also declared her a heroine?
CAO.
OLAYINKA AGBETUYI
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More info So, Professor Aluko, you can get on with your analysis without making a categorical statement about who the forger is and who is not. At the moment only Kemi Adeosun’s name is out there over this forgery. If there is a suspect forger, it’s Kemi Adeosun until the contrary is proven.
Below is a link to an interview with Anthony Ani, a former Director of Mobilization at the National Youth Service Corps(NYSC) explaining how mobilization is done and how Certificates of Exemption are procured. Also below is a link to the NYSC Act. Read and understand that what Mrs Adeosun is talking is pure bullshit. I mean, it’s obvious that she knew she had to do the one year NYSC programme when she came to the country. But she didn’t do it while working in the private sector because while there, she didn’t have to submit anything for public scrutiny. But as soon as it became clear she was going to be a Commissioner in Ogun State, she procured a forged one. Everything she’s said and done over this does not indicate innocence.
https://www.thecable.ng/dont-apply-exemption-certificate-says-ex-nysc-director
http://lawnigeria.com/LawsoftheFederation/NATIONAL-YOUTH-SERVICE-CORPS-ACT.html
………………
Kenneth Emetulu:
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Chidi Anthony Opara, FIIM
Please quit this infantile scare mongering! Let the courts first close down PremierTimes, published from Nigeria, who bursted Kemi Adeosun before closing down a Google sub-domain, published from California!
CAO.
Cornelius Hamelberg
The politically motivated, vengeful, spiteful, slanderously and maliciously ill-conceived, vengeance-filled raving mad hysterical headlines have all been so misleading that almost every ignoramus not knowing the truth was deceived into believing that like a forged cheque, “Forged Certificated” meant that the innocent one had knowingly and wilfully forged some important scarp of paper, like some deformed piece of crap, only to be exposed, later.
To end all speculation We now know the following from her letter of resignation :
“Upon enquiry as to my status relating to NYSC, I was informed that due to my residency history and having exceeded the age of thirty (30), I was exempted from the requirement to serve. Until recent events, that remained my understanding.
On the basis of that advice and with the guidance and assistance of those, I thought were trusted associates, NYSC were approached for documentary proof of status. I then received the certificate in question. Having never worked in NYSC, visited the premises, been privy to nor familiar with their operations, I had no reason to suspect that the certificate was anything but genuine. Indeed, I presented that certificate at the 2011 Ogun State House of Assembly and in 2015 for Directorate of State Services (DSS) Clearance as well as to the National Assembly for screening.”
And then, adhering to Westminster standards, she gracefully resigns.
So, it's many thanks to Professor Aluko (of the stalwart and steadfast resistance, not intimidated by the length of Emetulu's epistles or the range of his missiles ) Baba Kadiri (as usual, kept the fires burning, this time fleshed out Sister Adeosu's education merits and employment history with much needed facts), and from the Oxford zone, Anthony A. Akinola at the sight of whose name some pure language emperors, bugs and grammar police constables forever on the beat, knee-jerk tremble and crumble like a cookie the second they hear “Oxford” - knowing that no language inadequacies are expected to be taken to task, even if they (the bugs and humbugs) wherever they are, have only been near the place...
Almost felt like saying “ I saw the best minds of my generation destroyed by madness,, madness, madness, the attack dogs relentless, relentless, as relentless as Barrister Kennedy Emetulu who does not hesitate when it comes to wanting to destroy the reputation of an honourable sister , so he goes on with his little tittle-tattle, insisting that her innocence is a major offence , deserving something like the death penalty, and as tireless as Desmond Tutu, in his case preaching, “God loves us all” -
and then there was the political commentator Anthony Chidi Opara, FIIM, with his own grave insistence, approaching the final round of madness as in
“ We Poets in our youth begin in gladness;
But thereof come in the end despondency and madness.”
Yeah, the question remains how can one say to the other, 'Brother, let me take the speck out of your eye,'
Kenneth Emetulu:
<p style="border:none; margin:15px 0px; padding:0px; font-size:16px; font-family:nta,Arial,sans-serif; line-height:1.25; color:rgb(1
Salimonu Kadiri
In his response to Mr. Tope Popoola's experience with Nigeria's bureaucratic syndrome, Barrister Kennedy Emetulu wrote, "It does not reflect well on the NYSC that a citizen after service has no Discharge Certificate, but we thank God that they at least gave him a letter of attestation which serves the same purpose as a Discharge Certificate."
The usual practice among educated Nigerians whenever they want to be dishonest is to attribute their wrong doings to God. When they loot the treasury, they claim it is the will of God. In spite of the fact that it was the NYSC that failed to issue a Discharge Certificate to Mr. Tope Popoola after finishing the one year programme, according to laid down procedure, Barrister Kennedy Emetulu is now making Nigerians to believe that it is God that made NYSC to issue him a letter of attestation instead. Barrister Kennedy Emetulu intentionally attribute to God the issuance of a letter of attestation to Mr. Tope Popoola by NYSC in order to conceal the corrupt practice in NYSC. God had nothing to do with the NYSC issuance of a letter of attestation to Mr. Popoola instead of a Discharge Certificate and God had no hand in the NYSC's dereliction of duty. In UK where Barrister Kennedy Emetulu has taken refuge, their history reveals that when Charles the First declared divine rights of ruling which implied that his actions should not be questioned by the citizens because they were ordained by God, the English people did not only reject divine rights of ruling, but chopped off his head in protest. Some years later, when James II wanted to introduce divine rights of ruling, the English people chased him not only out of the palace but pursued him until he escaped to Spain. So, Barrister Kennedy Emetulu, God did not direct NYSC to issue a letter of attestation to Mr. Tope Popoola instead of a Discharge Certificate. It was a deliberate demonstration of gross abuse of official power combined with negligence of duty.
On Kemi Adeosun, Barrister Kennedy Emetulu wrote, "Kemi Adeosun's letter is not relevant because that is not the way prospective Corps' members and person qualified for exemption are mobilized. What Kemi ought to have done was present her credentials to the NYSC and report for mobilization."
NYSC is a government's agency financed by public funds. It has confirmed receiving Kemi Adeosun's letter applying for exemption from participating in its programme. NYSC was duty-bound to reply Mrs. Kemi Adeosun and to tell her in writing the right procedure to undertake in order to be exempted. The minimum demand citizens can make on any respectable institution whether government or private is to get a written reply to a written request. Only the NYSC officials knew that she applied for exemption and only the NYSC officials could have directed their touts to her. If the touts from NYSC had not approached her, she would probably have sent a reminder to them to request for decision. That is the only objective way of looking at the case.
Barrister Kennedy Emetulu in his prosecutor's garment wrote further, "In her case, she is not qualified for exemption because she finished her degree programme at 22. So, what she ought to have done once she decided to come home was arrange for her NYSC service time, after reporting for orientation, to be served with her company while she was in the private sector. …//… But once she knew she was going to be appointed a Commissioner, which would require a public presentation of her credentials, she chose the ill-advised route of presenting a forged Certificate of Exemption. She was forced to resign because of public outcry."
From the above, Barrister Kennedy Emetulu categorically stated that Mrs Kemi Adeosun was not qualified for exemption because she finished her degree programme at 22. Having said that in his anxiety to prosecute Mrs. Adeosun, he wrote further, "I mean, it's obvious that she knew she had to do the one year NYSC programme when she came to the country. But she didn't do it while working in the private sector because while there, she didn't have to submit anything for public scrutiny. But as soon as it became clear she was going to be a Commissioner in Ogun State she procured a forged one." If Mrs. Kemi Adeosun was not qualified for exemption because she finished her degree programme at (the age of ) 22, why didn't NYSC communicate that to her in writing after receiving her application for exemption? On what ground did Barrister Kennedy Emetulu base his insinuation that Mrs. Adeosun knew she had to do the one year NYSC programme when she came to the country? Objectively thinking, Mrs. Adeosun submitted her application of exemption from serving in the NYSC because she was certain that she was qualified for exemption. In fact, silence of the NYSC on her application is indirectly a confirmation that she was qualified for exemption. Otherwise, the least one should expect from a responsible national institution financed by tax-payers money, like NYSC, was to have informed her in writing to report immediately for draft into the service.
Like a desperate prosecutor, Barrister Kennedy Emetulu concocted evidence of forgery on Mrs. Kemi Adeosun thus, "But once she knew she was going to be appointed a Commissioner, which would require a public presentation of her credentials, she chose the ill-advised route of presenting a forged Certificate of Exemption." Barrister Kennedy Emetulu reframed the same concocted evidence this way, "But as soon as it became clear she was going to be a Commissioner in Ogun State, she procured a forged one (Certificate of Exemption)." What I want to draw the attention of readers to are these two expressions : once she knew she was going to be appointed a Commissioner and as soon as it became clear she was going to be a Commissioner in Ogun State. What Barrister Kenneddy Emetulu is telling readers is that appointment as a Commissioner was the main precursor to Mrs. Kemi Adeosun's procurement of forged NYSC Certificate of exemption. For reasons best known to Barrister Kennedy Emetulu, he lied against Mrs. Kemi Adeosun when he claimed that she procured a forged NYSC Certificate of Exemption in connection with her appointment as a Commissioner in Ogun State. We may recall that she returned to Nigeria from UK at the age of 35 in 2002. She applied at once to the NYSC for exemption because of her age. The Certificate of Exemption she submitted was issued in 2009, a good two years before Amosun won the Gubernatorial election of Ogun State in 2011. When she applied for exemption to serve in NYSC, in 2002, there was no way she could have known that Amosun was going to be Governor of Ogun State in 2011 and much less appointing her a Commissioner that year. Barrister Kennedy Emetulu must learn to always tell the truth even though it may sometimes taste bitter.
Disputing when Mrs. Kemi Adeosun became a Nigerian, Barrister Keneddy Emetulu wrote, "Kemi has always been a Nigerian citizen since birth irrespective of when she chose to collect her passport." Mrs. Adeosun's parents were aware that parents in UK cannot impose their will on their children which probably explains why the parents never procured a Nigerian passport for their daughter, Kemi. Therefore, Mrs. Adeosun obtained Nigerian visa in her British passport whenever she visited Nigeria until she was 30. If Mrs. Kemi Adeosun had been a Nigerian since birth, according to Barrister Kennedy Emetulu, she would not have needed to obtain Nigerian visa in her British passport without which she would have been refused entry into Nigeria.
On why Mrs. Kemi Adeosun could not have been exempted from serving in NYSC, Barrister Kennedy Emetulu submitted a link where a former NYSC Director, Anthony Ani, stated, "So, according to the law, all those who graduated with effect from 1974 who studied abroad or in Nigeria, and you are not above 30 years at the point of graduation, you are suppose to make yourself available for mobilisation and you will be deployed. If you are above 30, you will be exempted. …//… But even if you graduate at the age of 20, you are in US, and you have not made yourself available to be mobilised, whenever you come back, even if you are 60 years, you have to undergo the NYSC." Can anybody sensibly claim that Mrs. Kemi Adeosun did not make herself available to the NYSC when she wrote to the institution asking for exemption? In a normal and functioning bureaucracy, the NYSC should have commanded her to report in person with her credentials if her application of exemption was considered inappropriate, simple. If I am not being meticulous, the expression 'you are supposed to make yourself available for mobilisation' is not the same as 'you must report yourself for mobilisation'. The former could be done either in person or through correspondence while the later requires personal appearance. And where a person is expected to appear in person, there should be a call-up letter with ticket to transport the draftee to the call-up centre. That is just by the way side as I am shocked by the logic of Barrister Emetulu's pal, the ex-NYSC director, Anthony Ani. He said that if one graduated at the age of 20 in the US, for instance, but returns to Nigeria at the age of 60 one still has to do the NYSC service. NYSC is designed for youths and the framers of the NYSC Acts must have decided that a person above 30 years is no longer a youth which was their reason for exempting anybody that graduates after the age of over 30 from being drafted. By the ex-director of NYSC, Anthony Ani's logic and application of the law, a 60 year-old Nigerian returnee from the US to Nigeria who had graduated there at the age of 20, is still a youth but a Nigerian who graduated either abroad or in Nigeria at the age of over 30 is no longer considered a youth and therefore exempted from serving one year term with the NYSC. In his logic, therefore, Mrs. Kemi Adeosun who returned to Nigeria at the age of 35 in 2002 was a youth that must do NYSC whereas a Nigerian that graduated in 2002 at the age of 31 is too old to serve in the NYSC !!! No matter how objectionable we may feel about Fredrick Lugard's racism, it is this kind of Anthony Ani's way of reasoning that caused him to describe the Black man as a non-adult race.
Finally, it would appear as if some male Nigerians nowadays get erection and orgasm by bashing President Buhari Mohammadu Buhari and anyone involved in his government. Those machomen who derive pleasure from their perverted culture of publicly masturbating to orgasm through the bashing of Buhari and his collaborators deserve pity and, perhaps, aversion therapy.
S. Kadiri
Skickat: den 19 september 2018 05:01
Till: usaafric...@googlegroups.com
Ämne: Re: USA Africa Dialogue Series - On the Resignation of Kemi Adeosun as Finance Minister
Olabisi Dare
Ogedi Ohajekwe
Mobolaji Aluko
Mobolaji Aluko
NOTE II:
What I am doing here is (i) asking you to show proof that your claim that Kemi will not be guilty of forgery in a Nigerian court because she has no mens rea is actually possible in practice and (ii) asking you to show proof that Kemi Adeosun only became a citizen of Nigeria when she got her Nigerian passport at the age of 34.
NOTE III:
Cornelius Hamelberg
Dear Professor Aluko,
I crave thine indulgence. I mean no harm. Please indulge me
I'm writing this, conscious that according to Chinua Achebe, “Among the Igbo the art of conversation is regarded very highly, and proverbs are the palm-oil with which words are eaten.”Hopefully, not only among the Igbo. Indeed , if not the essence , the Book of Proverbs should be a very resourceful adjunct to the art of conversation as there is much wisdom and morality to be found therein...
First of all, many thanks for so nicely putting some people in their place about the mens rea, especially those who erroneously believe or believed that they know or knew and can swear on their holy book that they were privy to what Kemi Adeosun was thinking every step of the way, knew when and where and what she thought - have full knowledge of her own private premeditations and intentions. They wouldn't have a leg stand on or survive cross-examination if I was Sister Kemi's defence attorney. The law is in my blood. My mother's father was a lawyer.
The miscreants remind me of another song, Master Song which begins,
“I believe that you heard your master sing
When I was sick in bed.
I suppose that he told you everything
That I keep locked away in my head.”
Indeed, just as you say, “She has gone down alone, quietly”, leaving the rabble to babble and to haggle, still wagging their somewheres and complaining.
It's the same moral to this Zen story of two monks and a woman
It was really painful to read that there are those who we are to assume are of sound mind and in good health, who nevertheless say that “Kemi Adeosun actually acted recklessly”
Please, when are the high and mighty, especially the holier-than-thou critics going to give their patriotic, honest, able and honourable Sister Kemi Adeosu a break ? Or do they merely want to break her – just as Jesus
“But he himself was broken,
long before the sky would open
forsaken, almost human,
he sank beneath your wisdom like a stone” ( Suzanne)
One explanation is that in the den of iniquity, the den of thieves (any such den in Nigeria or elsewhere) just as the fool believes himself to be wise, so too the thief believes that everyone else in sight is either a thief, a highway robber, a bandit, a forger of certificates or a looter .In some cases even the judiciary and the police think in the same way and in some extreme cases even politicians, senators, legislators as in
“You got gangsters in power and lawbreakers making rules” ( When You Gonna Wake Up?)
As you very well know, some of the pastors confirm themselves and the laity with the belief that apart from Jesus,
( a) “All have sinned and fall short of the glory of God.”
(b) “There is none righteous, not even one”
Apparently, that does confer some kind of equality among the rest of us, so that no one should go around believing that he or she is better than the two thieves who were nailed on their crosses, on either side of Jesus. That Jesus himself will return to mother earth “ as a thief in the night” is an unfortunate simile if it stimulates the potential thief's imagination to follow footsteps that lead in the wrong direction...
That's the only explanation that's credible as the course of action they now retrospectively believe or advise would have been best for Nigeria's former Minister of finance to have taken upon returning home in Nigeria at the ripe old age of thirty four ( 34) years - not as a youth but as an “old youth” or as “big youth” by which time some born-again Nigerian women are already grandmothers, a little late in the day to be presenting themselves at the NYSC headquarters to procure for themselves a certificate of exemption from having to do any one-year mandatory national youth service in an area other than that of their birth/ schooling / normal residence.
Even living in a perpetual atmosphere of elders in my case overwhelmingly Saro's Yoruba elders and the veneration that's demanded by them, it was only when we did a thorough reading of Joseph Conrad's “Youth “ and “Gaspar Ruiz “ in the third form with an Englishman, a Mr. Chapman ( M.A. Cantab) that the concept of youth presented itself to yours truly....
There may be among us, those who enquire , at what point – which age - when did Jesus graduate from being a child to assuming adult responsibilities for his religious duties - probably at the age of twelve years (12) by which time he was allegedly disputing and teaching some of his elders in the Temple....
“But thy eternal summer shall not fade, Nor lose possession of that fair thou ow’st, Nor shall death brag thou wand’rest in his shade, When in eternal lines to Time thou grow’st.” ( Sonnet18) - somebody else...
As if they don't know that which even Mr. Ignoramus knows from experience , that you arrive at the NYSC headquarters or indeed any ministerial headquarters in Nigeria or even the bank - that you have to “do do something reasonable” such as to “drop” a suitable amount of money as a tip “ shake hand “ /”handshake” – the first deposit - just to get past the office messenger - and of course if you are “from overseas”, the tip has to be augmented - made proportionately bigger – commensurate with what they believe should be your financial status ( your bag full of gold) – although if you were to invoke some connection or connections to power such as the Chief Justice, Governor, ex.-Governor, Commissioner of Police, Senator E, Speaker of the House M , the local chief of staff ,.i.e. the chief clerk could salute you and start taking care of your business without any unnecessary delay and the taking care of your business could naturally include but not be limited to issuing you with a back-dated Certificate of any sort that you require, duly attested and signed, even your own death certificate for your wife to collect the insurance money.
There are people who do not invoke those kinds of connections. Obviously Mrs Adeosun is one such. I wouldn't invoke any connections either. The best connection of course is with the Almighty...
I have my own reservations about some of the reasons for exemptions – for instance in the Sierra Leone of my day, those awarded a “national scholarship” which I was fortunate to clinch ( the top A level results in the country in any given year ) were automatically exempted from being” bonded” to serve the Sierra Leone government after the completion of their studies. The exemption of course had nothing to do with age and my reservation is that it somehow created a two-tire system and a dangerous sense of elitism leaving one to wonder how someone in good conscience should be exempted from serving his country just because at some time he happened to be a faithful bookworm? The rationale was that such excelling students would go posthaste into further studies and not waste time doing any kind of “ national service”; in my case for example, if I had not been granted a “national Scholarship” I would have been bonded to be trained to serve in the nation's diplomatic corps on completion of my studies.
There are many who say that the NYSC has to be reformed, though in my opinion the advantages far outweigh any idea of scrapping the system altogether. I talked to one such person yesterday and his lamentation is merely that the National Service only applies to graduates . I think that he would much prefer that it should be or should have been extended to certificated school leavers or something of the sort. Some years ago I recommended Nigeria's NYSC programme to the Saro people in a serious piece of persuasion and they seem to have adopted it - maybe, by the finger of the Almighty and nothing that was said. The NYSC's social mobilization certainly contributes to diminishing the kind of tribalism that persists through ignorance of the other. One of my best friends in Rivers state was Bello a youth corper from what was then Gongola and AbuBakar from Kaduna - two places I have still not visited although I am still anxious to go to Saminaka , strongly recommended by two Swedish visitors ( two nineteen year old Swedish ladies who visited me in Nigeria , who still swear that Kaduna would the right place for me in Nigeria.
Some music:
Fitzroy Williams - Leave [T.D.M. Production]
Layman Ogedi Ohajekwe:
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OLAYINKA AGBETUYI
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Sir Olayinka Agbetuyi,
Surprise, surprise! Or, as di buk pipul dem sey, “Wonders never cease!” :
Mailafia Obadiah for president?
What are his chances in the North?
Surely, not a single herdsman, Jihadist Muslim or member of the Miyetti Allah Cattle Breeders Association is going to vote for him!
But, who says “it's an ill wind that blows nobody any good” ?
I don't suppose that you also want to beat Brother Buhari for the presidency in February?
But back to the other matter. The bagatelle. In a nutshell, one word : in Russian it's nyet and in American street English I suppose it's nix. NO ! Technically speaking, our Honourable Sister Kemi Adeosun did not need any exemption certificate and that should have been the end of the matter. Moreover, in my humble opinion she should not have resigned at all....
When we have English as the official language and as the language of the Nigerian Constitution and the Law of the Federal Republic of Nigeria (the Sharia Law too?), it should appear that no concessions are to be made to local/ regional Naija inflections when interpreting any infractions of the said law or in the interpretation of any personal intentions expressed in that official lingo as opposed to a personal language , with or without poetic licence – as in this case, my own personal choice of words and my own open-ended intended or unintended meanings, taxing anyone's patience but hopefully not my own freedom of imagination, speech, freedom to reason...
Finance Minister's Kemi Adeosun's letter of resignation is written in her mother tongue English. It's clear and concise enough and should be so – should be read in the spirit which she intends it to be read , even for some of her persecutors who see only evil intent when there is none. It has gone public and therefore subject to any kind of just or unjust, competent and incompetent ignoramus scrutiny by any number of PhDs from Ibadan, Oxbridge or Seattle.
Early eighteenth century Pope (the same one who wrote “ A little learning is a dang'rous thing”) was only being ironic and sarcastic, devious and a little mischievous when he penned these lines from his An Essay on Criticism
“A perfect judge will read each work of wit
With the same spirit that its author writ...”
because they have been so variously understood and widely misunderstood. In any case not even the most vicious of the snakes wants to allege that Mrs Kemi Adeosun's letter of resignation is a forgery penned by one Mr. Muhammadu Buhari...
Getting to the heart of “the crux of the matter in Adeosun's claim.” is what not only trivialises Brother Kperogi's usual passion and the usual bluster in making a mountain out of such a molehill matter, it also nullifies it. Indeed, he spends, has spent and in all probability will spend an inordinate amount of time in defecating on each and every icon ( especially Nigerian icons) , just like the true iconoclast that he is, sitting in his armchair in Georgia, he doesn't spare anyone: from his bombastic lambasting of Nigeria's First Lady and what he refers to as “Aisha Buhari's Embarrassing Grammatical Infelicities at USIP” through pillorying what he believes to bePresident Trump's alleged grammatical inadequacies and his alleged “ infelicities in language” ( as if he thinks Trump gives a darn about what coons think – in any language, apart from maybe, Chinese, Farsi or Korean – he probably believes that the language that Nigerians speak is called “ Nigerian” ) but standing on a higher moral and grammatical plane he deigns to review his own President Buhari's alleged occasionally inappropriate turn of phrase and alleged grammatical mishaps and whilst beating his own breast ( chest) he himself stands tall singing Stevie Wonder's song
“Weak ones standing tall
I will watch them fall”
That is his bring 'em all down syndrome, his own downs syndrome ( no pun or joking matter) – but to do him justice we should move from style to content, from the psychological to the grammatical, from the grammar of being to his own one-man's statistical consensus on what infallibly constitutes an acceptable bastard Naija English grammatology , in fact , if you would only permit me to relish a moment thinking about mad cows and Englishmen, I would like to see a similar map ( not this one, but something more like this in the kind of referendum being recommended by those shooting from the anus and by the Adepojus and the cantankerous pidgins and cockroaches....
If all of the above is far too depressing, here someone to cheer you up
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OLAYINKA AGBETUYI
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