RESTRUCTURING LAW ENFORCEMENT & POLICING FOR A NEW NIGERIA – PART 1

 

Globally, policing has been going through a transition since the start of the millennium. With diverse pressures and diverging expectations, financial paucity, the concept of policing has been seeking a self-adaptive mutation for acceptance without universal Nigerian-police-1success.

In a major report in 1999, Lord Patten reflected in his submission on the review of policing in Northern Ireland by expressing the dilemmas faced by the modern police when he said:

“How can professional police officers best adapt to a world in which their own efforts are only a part of the overall policing of a modern society?…There is no perfect model for us, no example of a country that, to quote one European police officer, ‘has yet finalised the total transformation from force to service”[i]

The predicament facing the police globally are being fuelled by certain key transnational developments, salient of which are:

  • Transnationalism and ever increasing globalisation (Bottoms and Wiles, 1996).
  • Rapid rate of Social and Technological Changes.
  • Government pressure from restive citizenry dissatisfied with police status quo (Leishman, Loveday and Savage, 1995).
  • Increase in non state actors aggression attacking nations from within, such as terrorism and violent militancy.
  • The spread of intra-national paramilitary organisations who are challenging the settled belief of the police as the custodian of state monopoly to use force.

All these have led to a global debate on the purpose, ethics and operational parameters of the police institution. Although Lord Patten went on to declare that the purpose of the police is the protection of the human rights of the citizens; in the African and particularly Nigerian context, a slightly amended submission is required.

Despite being signatories to the Universal Declaration of Human Rights and its African version, most nations in African and Asia have slightly different posture on the universality of some rights based on their constitutional provisions. For instance, some nations have a constitutional ban on Homosexual relationships, by some do not. Hence it is more appropriate to see policing in Nigeria and the sub-region from the prism of the need for the protection of Constitutional rights of its citizens, rather than just human rights.

So in assessing the operational effectiveness of the Nigerian police, Constitutional rights of Nigerians should be the focus of analysis and not simply the Universal Declaration of Human Rights as many tend to do. The Nigerian constitution has many borrowed language of universal rights, but there are national peculiarities that need to be noted. For instance; the universal declaration protects the right to Family Life. While this provision will be police-recruitwidely interpreted in many Western societies to include ALL manner of ‘Family life’; But in the Nigerian context, same-sex couples are not recognised as “Family” as there is a prohibition against such relationships. You can now begin to see elements of national peculiarities to these rights.

Chapter IV of the Nigerian 1999 Constitution (as amended) lists the fundamental rights of the citizens. These are similar to the European Charter of Fundamental and Human Rights, which reflects the provisions of the United Nation’s Universal Declaration of Human rights. In summary, these rights are stated in the Nigerian as follows:[ii]

  1. Right to Life
  2. Right to Respect for the dignity of a person
  3. Right to Personal Liberty
  4. Right to Fair Hearing
  5. Right to Private and Family Life
  6. Right to Freedom of thought, conscience and religion
  7. Right to Freedom of expression at the Press
  8. Right to Peaceful assembly and association
  9. Right to Freedom of movement
  10. Right to Freedom from discrimination
  11. Right to Acquire and own immovable property anywhere in Nigeria

So the expectations on the Nigerian Police should be the protection of Constitutional Rights of the citizens. This allows for national particularities to be taken onto account. The banal use of the phrase “Human Rights” could be slightly misleading in the Nigerian context. Many nations have their own esoteric interpretation of what constitute elements of the universal rights as we know it. So Nigeria is not unique in this position.

To understand the sad state of the Nigerian police, a recent historical context is needful. After the military coup of 1966, the military co-opted the police into government by making two of their ranks Governors. According to Asemota,[iii] the Military needed the police after the 1966 coup as the police were the only institution that had communication links all over Nigeria and had presence in every town in the country. Hence cooperation of the police was required to sustain the military rule, especially given that at that time the army was very small in comparison to the population.

Coming out of the civil war strengthened in number and infrastructure, the military felt they no longer need the police. So after the coup that brought General Murtala Mohammed into power, the police were no longer represented at all in government.  This reality many believe was the beginning of the modern neglect of the police. It has been argued by some, even within the police in Nigeria that the previous military governments that ruled Nigeria for more than half of its Independent years, made deliberate efforts to emasculate and disempower the police.

This many argue was intended to ensure the police did not develop the competence, skill and capability to challenge the military through the many coups that brought the army into power.  A salient champion of this school of thought from within the police, was a patrol1 policepolice Public Relations Officer for Lagos state during the Babangida military regime in the 1980s, who was suspended and dismissed  due to his “radical” claim of the disempowerment of the police by the military juntas.[iv] His name is Alozie Ogubuaja.

According to Ogubuaja:

“A military government will want a weak police force so that they can twist them as they want. The military want a weak police so that they can be used to do their biddings, the good, the bad and the ugly. Secondly, a weak and inefficient police force raises the profile of the military as masters in power. Thirdly, a strong and efficient police force is a threat to the military because there can not be two captains in one ship. The military would want a monopoly of power, to dominate and rule”.[v]

While the military when in power invested and modernise themselves infrastructure wise, the police was largely under funded and neglected. But the continuing negative public perception of the role and capacity of the police is a major source of concern in a democracy.

Hence the police remain the most misunderstood profession by the general public in Nigeria. Many expect them to work magic despite the limitations and constraints of their tools and service conditions. Their performance is weighed with misconception and ignorance, resulting in an out of context assessment of their activities. Ignorance of the inner workings of the police and the penchant for secrecy by the Nigeria police had led to little public confidence in the service, plenty of misconception and depleted public support and cooperation with the police.

The Nigeria police are saddled with the constitutional responsibilities of prevention and detection of crime.[vi] Given the foregoing pivotal and all-encompassing roles they play, the police have become a key institution for social order in Nigeria. Since no law operates in a vacuum, police enforcement gives value to the law and helps to regulate traditional tension between the antagonistic forces inherent in Nigerian and all human societies.

From colonial era, through military rule and the democratic dispensation, policing in Nigeria has been a tough task. Conflicts arising from social inequalities, political, religious and cultural differences appear to have widened the role and function of the police beyond the traditional law enforcement to other social services functions. So police are working in tense environments, in which their actions or inactions do have national ramifications.

However, the Nigeria police have been under lots of public criticism, especially since the late 70s over its apparent inability to effectively prevent or control crime. Several factors have been attributed to this sorry state of affairs.  Some of the key complaints are:

  • Lack of professionalism, generally attributed to the recruitment policy which has on the quality of manpower.
  • Poor training and institutional lack of discipline.
  • Corruption and culture of bribe taking.
  • Few numbers of manpower and poor equipment.
  • Bribe collection to work against the interest of justice. The highest bribe payers tend to get the police to support their position.

The consequence of these institutional problems is the resulting distrust and poor image and regard for the police by the citizenry. So my key question is; Is the Nigerian Police in Transition or in Crisis? Evidence will suggest both. The scale of the change that confronts the Nigerian police suggests a crisis of immense proportion, even as it suffers from an identity crisis and transitioning to a more ethical force in an unethical criminal justice environment.

A national police force is trying to cope with a world more joined up in trade, technology and of course transnational crimes and terrorism. Its legitimacy, authority, knowledge Nigeria_militant_deltabase and competency are being challenged by these multilateral pressures. And from the evidence available, the Nigerian police appears to be an analogue force fighting in a digital age.

They are simply over their head with the challenges facing them and there appears to be no strategic review of practices and procedures and well as tools and equipment to better respond to the multiple global-scale and global-inspired challenges confronting the police in Nigeria.

I am positing that a new policing settlement focused on protection of Constitutional rights of citizens, may offer the police a fresh basis for engagement, legitimacy and acceptability by Nigerians. How this can be constructed and achieved in Nigeria will be the focus of my concluding part of this article.

 

[i] Patten Report (1999), Paragraph 1.5

[ii] Chapter IV, Section 33 (1) of the Nigerian constitution

[iii] S.A Asemota . Policing Under Civilian and Military Administrations”. in Policing Nigeria, Past, Present and Future, (eds.) Tekena Tamuno et al, Malthouse Press

[iv] He was dismissed in 1988 from the Nigeria Police Force by the military rulers

[v <https://groups.yahoo.com/neo/groups/NIgerianWorldForum/conversations/messages/42023&gt; accessed 22 July 2016

[vi] Section 4 Police Act. Cap 359, Laws of the Federation of Nigeria 1990

 

NOTE:

Dr Charles Omole is a lawyer, Transformation expert, Corporate strategist to governments around the world. He is the author of a new book on policing titled, Developing Good Governance in Law Enforcement in African Societies – The Case of the Nigerian Police Force.

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Reformation of the Nigerian Police

The media headlines in the past couple of days states the drive to recruit 10,000 new Police officers based on the instruction of PMB. If this is true, then I have serious concerns. Just recruiting more officers is not going to solve the problems of an unreformed police force. 
Currently, research has shown that over 30 percent of current officers are not available for frontline policing because they are tied down as private security guards for VIPs, the rich and powerful. Another 10 percent are tied to several policing related agencies like EFCC. The United Nations benchmark for adequate policing is 200 per 100,000 population. Nigeria is about 220 based on the number of officers on the books and our official population. So as far as raw numbers go, Nigeria has reasonable numbers of officers on the payroll. Problem is that it does not feel adequate because a sizeable number are not available for frontline police work. So merely employing more officers will not solve the problem.

The police currently have just over 400,000 officers on the books. But the Nigeria Police Force have less than 10,000 walkie talkies. Almost 50 percent of police stations in the country do not have reliable patrol vehicle. The training regime for recruits perpetuates bad habits and is overtly reliant on use of physical force rather than constitutional rights protection. 

I believe recruiting new officers is not the right course of action, but a fundamental reform must precede any recruitment exercise. This will include mass sacking of several many disgraced officers. And the Police Service Commission (PSC) must be scrapped as well as Ministry of Police Affairs. They are both useless and reservoir of corruption and incompetence. As at last week, the most up to date Annual report produced by the PSC on the state of the police and their management was in 2011. That was five years ago. 

A total reform of the police is needed before we throw good money after bad.

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IT’S THE INTERNET STUPID…WAR AGAINST TRUTH IN NIGERIA

Any student with a basic knowledge of Research will know to treat with caution and care any information obtained from the Internet. But with the availability of mobile internet in Nigeria, there has been a major shift that many should be aware of. Stories about events and developments in Nigeria on the Internet seem to be overwhelmingly FALSE. Nigerians are now experts at creating false stories and new fictitious blogs and then share it on their status as NEWS. This is crazy. Nigeria_political

I asked my administrator to spend one hour investigating several stories shared by Nigerians on Facebook; they were ALL FALSE. All twenty of them. From images of events in other parts of the world falsely claimed to be from Nigeria, to stories about political developments that are wholly fictitious. A good lesson for all social media users is to resist sharing stories from or about Nigeria without first authenticating it as true or likely to be true.

Some doubt the truth of many stories, but share it anyway…I don’t get the sense in that. These falsehoods serves to muddle the waters of political discuss in Nigeria as people find it hard to separate facts from fiction. Truth has become a casualty of emerging Nigerian social media space.

As a practical guide; when I see a story about developments in Nigeria, I check it against reputable media houses to see if the story is being carried or published elsewhere. This alone exposes 90% of the false stories. Nigerians should not equate being available online to being an Authority. We should develop a habit of intellectual rigour and healthy skepticism.

Anybody can sit on their bed in a town in Nigeria and create a blog of falsehood. We should stop giving such stories the oxygen of publicity. If nobody repeats or rebroadcast their lies; they will have to give up eventually. So before you share that post next time….ask yourself if you are certain it is true or you are merely helping to spread falsehood and lies. Let us all start fixing our policy now….one story at a time.

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BUHARI’s Danger of Mandate Misdirection

In my last post, I advised President Mohammadu Buhari (PMB) to go narrow and deep in his approach to governance. This requires him to focus on narrow areas of policy and dive deeply into them to embed irreversible change for the benefit of the people in defence of his democratic change mandate. I posited that this is better that a wide and shallow approach which tries to initiate change on too many fronts, but not effective in institutionalising change in any of them. Dissipating energy in too many areas but not concluding any of them. It’s like jack of all trade and master of non. mohammadu-buhari-official

The kind of alliance that was cooked together in APC to get PMB elected requires compromise and a doze of reality. Had CPC won the election; PMB would have had the focus needed to effect his passionate change mandate with minimal compromise. But with the compromise necessary to produce APC, PMB has to reflect on this and know that he cannot implement all he had in mind in CPC and that APC contain people of dubious credibility just like the PDP. In fact many were in the PDP until recently.

The danger as I see it is that other than his fight against corruption; there is no discernible strategic direction  to the workings of this administration. There appears to be a drift in policy that is not joined up, is disjointed and and lacking coherence. For instance, I do not see any strategic vision for the policies of the CBN in the management of our monetary policies. Each day is another directive from the CBN but all lacking clarity of purpose and no understanding of what the end game should be. The CBN was pursuing a cashless policy by encouraging Nigerians to use electronic fund transfers; yet the CBN Governor was happy to give Millions of Dollars in cash in a briefcase to the former national security adviser. Why did the CBN not ask to transfer the funds to a nominated account? Why pay in cash such huge amount in direct contradiction of its own cashless policy? Where is the cashless policy gone? And yesterday, the CBN introduced a N50 Stamp Duty Charge for every deposit (including electronic) made into peoples accounts by third parties. This N50 charge is fixed regardless of how much was transferred above N1000. A more equitable approach would have been to start at N50,000 transfers (this will exclude most of the poor) and then make it a percentage of the funds value starting from N1 to up to N100 maximum. Paying N100 charge on a N50Million transfer is negligible for instance. In most nations of the world, Stamp Duty is a percentage of the transaction concerned to allow for proportionality, equity and fairness. By introducing this fixed charge; it will drive more people away from the banking system in direct opposition to its Cashless society vision. Where has the cashless policy gone? With its ban on ALL use of Debit cards abroad; the CBN has succeeded in one swoop to reverse many of the gains of its cashless policy. Now many are back to cash is King frame of mind. Who can blame them?

In my opinion; probably the worst appointment made by PMB is that of the Information Minister. Lai Mohammed is a politician and good at spin and misdirection. He was effective as APC spokesman; but a government with mandate for change requires credibility  and trust from the media and the public. Lai Mohammed seems incapable of delivering this. He is still in the spin mode and each time he speaks; he reduces the credibility of this administration further.

What is the solution you may ask me? The answer is as follows:

  1. PMB should set up a Central Policy Unit (CPU) in his office. This team made of experts will produce the policy direction of his administration across all sectors of the economy in a coherent way.
  2. These policies will then be handed over to the various ministers to implement in their respective ministries.
  3. The accountability of each minister will be for the delivery of the policies given to his/her ministry. This will have KPIs and targets for implementation. More importantly; there will be the assurance that the policies are joined up with that of other ministries in a way that creates coherence and compelling outcomes.

Without the creation of the CPU, each ministry will simply pursue there own agenda, conflicting policies will emerge from various ministries and the government will lose momentum and the drive to deliver its change mandate. The CPU also allows PMB to control the narrative of his government by managing the CPU directly. The CPU also allows impact of policies to be objectively tested across all sectors before its implementation. It allows the government to project a coherent posture with the direction of travel clear for all to see. This will help eliminate any perception of a reactive, uncoordinated, piecemeal and confused administration.

So, to avoid a misdirection of the change mandate given to him; the president should do the following:

  • Create a solid leadership for EFCC (with the encouragement of the Chief Justice and other agencies) and allow these institutions to pursue and prosecute corruption official past and present. PMB should stop making corruption his main daily talking point. There is more to governance than fight against corruption. PMB should allow his team to lead on this war on corruption while he focuses on other things that are essential to Nigerians.
  • PMB should create a CPU as stated above in the Presidency. This unit will produce a collective policy framework that will then be passed on to the ministers to deliver, sector by sector. It must not be left to each minister to produce its own policies. Doing so is a recipe for disaster and confusion. The left hand will not speak to the right hand. I also believe many of these ministers are better at monitoring deliver of policies than producing one themselves. Many of them lack the 360 degree thinking needed for a joined up operation.
  • PMB should focus his press statements on how he is dealing with issues that affect Nigerians daily instead of a fixation with corruption statements. Truth is Nigerians will measure any fight against corruption by results and outcomes rather than just statements and press releases. So let your administration outcomes and actions speak for you on corruption, Mr President, rather than the daily statements we see with no legal conviction in sight for any of the alleged corrupt officials. PMB should speak about Power, Roads, Prices of goods, education, health and so on. Let the institutions you have set up deal with corruption matters in the background Mr President.
  • Setup a quarterly State of the Nation Press conference where you will be able to explain what your administration has done in the preceding quarter in ALL areas of national life. Control your own narrative; rather allow yourself to be defined by the words of your enemies.

There is a blueprint on how all these will work that is tried and tested. I wish PMB all the best and God’s wisdom as he delivers on the change mandate given to him by the people. Change in Nigeria has to be one step at a time and the work begins now. It is doable and we all have a part to play. It is then we will all be able to say in the words of our true pledge to Nigeria: “…to be faithful loyal and honest. To serve Nigeria with all our strength…and uphold her honour and glory. So help us God”.

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WIDE AND SHALLOW OR NARROW AND DEEP, WHICH WAY MR PRESIDENT — Strategic approach to Change and Transformation in Nigeria

The change expectations on President Buhari are now an accepted expectancy in Nigeria, but how should he approach this mammoth agenda. Nigeria is a vast and complex country with intertwined imponderables and interdependent interests and realities. But without taking the electorate for granted, President Buhari currently only has a four year mandate. What will happen in 2019 in too anybody’s guess.

So focusing on the current mandate; what should President Buhari do to deliver some level of change in the country in four years’ time? As I see it, there are only two ways to approach this; Wide and Shallow or Narrow and Deep. The president can either choose defined but narrow areas of government and implement deep changes that will irreversibly embed new practices and transformation. This approach will accept that there will still be plenty of other areas that he will not be able to touch or initiate any change in his four year term. But the narrow areas he is able to touch will be deeply transformed in an irreversible form.   mohammadu-buhari-official

The second approach is a wide and shallow proposition. This will enable him to initiate change across all major areas of government, but he will not have the time to deepen the changes in the next four years. This will involve across the board change initiations but they will not be embedded in any way by the end of the four years term. These initiated transformation activities can then be easily reversed by a future administration, thus setting the nation back significantly.

So the dilemma for Mr President is which of these two options is the better approach to build the nation? Wide and shallow will give an impression of lots of change activities across the board and will generate lots of news and commendations of what he has been able to initiate. But these will be spread across far too many areas to be deeply embedded in the limited time his government has till 2019. However, a narrow and deep approach will require him to prioritise which areas are more urgent and pivotal to the emergence of a new Nigeria and simply focus all his energy in deepening change in those areas in a way that makes it an irreversible transformation. This approach will mean there will be plenty of other areas untouched by his change machinery during this term that many commentators could begin to dismiss his achievement because of ongoing problems in the areas not within the scope of the narrow scenario.

This is the challenge of which there are no easy answers. In my opinion, a bird in hand is worth two in the bush. Mr President cannot presume or take it for granted that he will be voted in again for a second term; so he has to approach governance as if all he has is this current term. Consequently, I will advocate a Narrow and Deep approach to change in Nigeria. Fighting on too many fronts will dissipate energy and reduce effectiveness. He has to choose his battles as fighting every battle is a recipe for defeat. Choose the key areas that are essential to a thriving nation and drive irreversible change into these areas. There will still be skirmish of past failures in other areas, but he should focus on his identified narrow areas for now, as embedded change in one area can drive improvements in other related or dependent areas. We cannot and should not expect miracles from President Buhari, but he can help lay a vital foundation in key areas upon which other will build in future for the construction and emergence of a nation of our dream.

So what should these narrow but essential areas be? That will be the subject of my follow on article in due course. Choosing your battles is an apt counsel for anyone who wants to make maximum impact within a limited timescale and this will be a good counsel for President Buhari to heed. Otherwise, he will become too tired and too stretched to deepen any change in a meaningful way. We pray for God’s guidance and wisdom for him and his team.

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TRADITIONAL NIGERIAN MEDIA SLUMBER & WITLESS POLITICAL CAMPAIGN

One of the revelations of this presidential campaign is how emasculated and disgracefully inefficient our traditional media is in Nigeria. Online debates are more muscular and dynamic in my view. But 80% of Nigerians do not have access.

In better democracies, the traditional media leads on and chooses the agenda to scrutinise politicians on. The dominant headlines are media-driven based on their take on the evolving stories. Of course their biases and inclinations will influence this. But to have a political party choose the story for the media to focus on in a political campaign is a sign of a dysfunctional media landscape.

The nasal obsession of the media on Buhari certificate saga in the past week has shown how easy it is to deflect them from focusing on more important matters of state or even show leadership by leading and lifting the discuss to more pertinent matters affecting the security, welfare and wellbeing of the people. In most elections, the challengers are held to account for sure but the bigger stories tend to be the report card of the incumbent as that is easier to measure.

The Nigerian media are doing a lot to stifle proper debate to the detriment of our democracy. Channels TV cut short Pastor Bakare’s broadcast two weeks ago when he appeared critical of President Jonathan. Few days ago while criticising Jonathan Silverbird TV cut off Kayemo live on air; blaming a technical error. Hmmmm. Convenient .

This is despite all the state media apparatus from FRSN, NAN, NTA, NOA etc all batting for the administration. The media will lose even more credibility if they continue to stifle debate or silent critical opinion of government.

The forth estate should live up to its responsibilities by challenging ALL parties equally and demand accountability for promises made and broken.

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NIGERIA PRESIDENTIAL ELECTION 2015: MY VERDICT

Over the past few months, I have made comments on the political situation in Nigeria; but without taking side with any candidate or party. In an ideal world, we should be able to support any of the six or so Presidential candidates that are in this election. But it is obvious there are only two leading candidates, that is Buhari and Jonathan. The winner will be either of these two.

I took this matter to the Lord for direction, but no response came until this morning. The details of my encounter this morning is not for facebook but a future meeting. But I will in this series of notes, explain why I have arrived at my decision.

Buhari is a man with lots of issues that can raise concern about his future direction as a civilian president. imageNigeria as a nation is in the grip of the occult and the principalities of darkness. I have also previously stated that President Jonathan as a man, is a good man. But as a president, he is not his own man. He is not in control.

Few days ago, the Lord told me loud and clear, that “voting for Jonathan is not a vote for Jonathan”. Voting for Jonathan is a vote for these faceless Devils to continue their reign with Jonathan as a mere front man and pawn. But Buhari has his own baggage too. Nevertheless, Buhari presidency is the better choice for Nigeria. If you have been shown the spiritual terror Jonathan presidency has brought on the nation like I have, you will not support the continuation of his government.

The Obasanjo regime, brought the occultic grip on the nation to a new high, but Jonathan has naively and unwittingly increased the grip even further. In my view, Jonathan has allowed his personal quest for power to make him sellout the nation to occultic players with women as arrowheads. He is simply in office, but the power lies elsewhere. That cannot continue. I believe every president is subject to influences. But Buhari will be more of his own man than Jonathan has ever been.

The shedding of so many innocent blood in Nigeria in recent years have deeper meaning than many imagine. The innocent are being used in a power game by the political elite, who are under the inspiration of satanic forces. You have to judge the Jonathan administration as part of a 16 year continuous PDP rule. Nigeria is not a one party state. And it is healthy for democracy if others are given the chance to move the country forward. That is why in advanced democracies, parties in power change from time to time. I believe it time for us to say thanks to PDP for their 16years effort, let another party try to solve our problems going forward. What a party cannot solve in 16 years of continuous rule, cannot be solved in another 4years. There needs to be a fundamental change of direction and thrust for a Jonathan presidency to be viable, but that is not happening.

My decision have not been saliently based on manifestos or promises by the politicians. The history of the nation shows they cannot be trusted to fulfil their promises. But even then, my analysis on this front still favour the Buhari/Osinbajo ticket. I have based my decision on the insights I have received and not on any sentiments.

But I overheard in the spirit that there are unexpected twists ahead in this election. That is all I am able to say on this medium. While I cannot say who will win this election, I will admonish as many people as possible to vote Buhari/Osinbajo next month.

This presidential campaign has been full of so many distractions, abuses, rumours, fallacies and outright fake stories. We should not allow ourselves to be distracted to chasing shadows. We must stay on message. I will make more disclosures as I hope to speak at local meetings before the elections. So my support is for the Buhari/Osinbajo ticket. That is my considered verdict.

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