Nigeria: We must make the case at the Supreme Court

A transcript is required

There would be continuous commentary and analysis of the judgement offered by the Federal Electoral Petitions Tribunal yesterday regarding the validity of the election of President Umaru Yar’Adua.

However, I do not think we can objectively comment on these matters till we are provided with the transcript of the judgement which was read for well over 3 hours.

Now, the needs for justice as we are sentimentally inclined to have desired might not have been served, but the one for due process and its legal requirements have been served.

A case must be made

I am concerned that the judgement came out as unanimous, but that simply implies that the case and evidence presented by the plaintiffs did not convincingly satisfy the judges beyond reasonable doubt – which meant they could not find in favour of the plaintiffs.

I also worry that the executive inadvertently tried to influence or interfere with the proceedings by plucking the chairman of the tribunal out for the post of Associate Justice in the Supreme Court of Nigeria – that really should have waited till all proceedings in which the judge might have been found to have a professional duty and honourable cause had been completed.

Law of evidence not weight of sentiment

In all, it appears the evidence gathered for presentation has to attain a higher standard of quality to admissibly influence judgement in favour of the plaintiffs, they do have their work cut out.

We also have to note that justice in and of itself cannot exist in a vacuum; it needs to operate in the context of the society in which the laws that govern that process thrives.

If the election of the president had been annulled, the order of precedence which is in complete disarray at the moment with the annulment of the election of the senator who also happened to be the Senate President would have had us going to the 38-year old Speaker of the House – the 4^th in line.

It would have meant all houses of legislature losing their leadership as the executive goes into meltdown and the Speaker tries to steady the ship of the our great nation for possibly 90 days.

Not with this INEC

Conducting another election under the auspices of the Independent National Electoral Commission (INEC) which still has Professor Maurice Iwu as chairman would have been untenable.

We still have no confidence in the ability and competence of that organisation to run free and fair elections, they cannot now suddenly have gained the competence to perform, rather they might just have perfected how to cover up the loopholes the tribunal proceedings might have exposed.

The plaintiffs do have a solid case and have another opportunity make that case better at the highest court of the land and to seek justice with a judgement in its finality because inadvertently, the tribunal might have shied away from the culpability of plunging the country into chaos.

Prove the case convincingly

I would hope the President would move speedily to overhaul and revamp INEC with more trustworthy and competent leadership and when this case does get to the Supreme Court, one would expect the newly appointed Associate Justice to recuse himself from participating in a case that is reviewing his earlier opinions.

I would say, things are working, so far, so good, those whooping for joy now might soon be in a different state of mind.

If we believe that the elections in April 2007 were flawed, rigged, rotten and falsified, we need to gather unimpeachable and incontrovertible evidence, then present such with excellence before the learned judges – the dry-run at the tribunal should be lesson enough for all concerned - the judges need to be convinced.

Advance! Nigeria! Advance!

YouTube versus Islam - Between discernment and ignorance

Mosque smarts and technical dunces

When I wrote Temple smarts and street dunces as the subtitle to my write-up Earth-queers quaking in Israel on the 21^st of February, I was not anticipating writing Mosque smarts and technical dunces 5 days on.

On Sunday, the Pakistani government had ordered ISPs to block all access to YouTube because of content deemed offensive to Islam and they all complied.

The smarts at Pakistan Telecom hijacked the IP address of the YouTube web server and in conjunction with PCCW an ISP sent seekers of that site down a rabbit hole.

In fact, it sent the global user community of YouTube down the rabbit hole for two hours.

The jury is out as to whether this act was deliberate or just a case of ignorance about how Internet protocols work because Morocco, Thailand and Turkey have successfully implemented bans to YouTube without bringing the whole house down.

Accountability or ridicule

Did I not say, “The sooner adherents and followers call their leaders to account the less their beliefs and dogma are subjected to ridicule”, to leaders we now have to add technical people.

This also extends however tenuously to the use and abuse of knowledge, when Pakistan acquired knowledge of nuclear weaponry the smarts involved opened an illegal market of nuclear proliferation threatening global peace.

Fostering an intellectual environment

Sadly, the real problem is the fact that the Pakistani government has failed to foster an intellectual environment amongst its people.

In the weekend, a friend sent me a few links from YouTube to do with a grandmother doing some “commendably” shocking things like kicking a toddler out of the path of an oncoming train – I found the material utterly offensive and definitely not funny, I did not bother to view the other link but deleted the email and was ungentlemanly enough not send acknowledgements or thanks.

What I am saying here is I made the decision to view the content and once I found it was not to my liking, I refused to create more revulsion by viewing the rest of the material.

If the email had come with a clearer idea of the content, I would not have opened the links at all.

Give the people more credit of discernment

Surely, the people of Pakistan should be able to make informed decisions like that; as refusing to view YouTube videos with refer to the Mohammedan cartoons (Warning: Links to the cartoons, you exercise a personal prerogative in clicking on the link) or Geert Wilders’ Islamic ruse called Fitna to be released in March and still be about to seek out videos that glorify Islam or teach Internet protocols properly.

Censorship is a very blunt and unwieldy hammer to hit the nail where the government has lost the persuasion of ideas that they have to use the coercion of tyranny by resorting to blanket bans.

Very typical of ordering everyone to wall off the windows in their homes because the wind is blowing and it might carry bad odours when people should have the choice to open or close their windows at will to let air in or keep it out as they will.

In the process, technical ignorance on the one part and government policy failure on the other have combined to depict proud, independent and intelligent Pakistanis as ignorant, incapable of making informed decisions and brought Islam to unnecessary ridicule in the name of protecting the self-same religion.

The need for fairness in taxes

Easy to file

I just filed my taxes with the Dutch tax authorities called Belastingdienst and if anything being the son of an accountant and having every mutation of the anti-accountancy gene in my being, they have the simplest tax filing system in the whole wide world.

It is all done electronically, you download a programme, install it and you just go through the sequence of filling in the numbers then use your DigID code to file the stuff – all done in under 20 minutes.

All you require are a number of Year Summary (Jaaropgave in Dutch) letters you get from your employer or employment agency, your mortgage lender, the community value of your home based on the assessment of your local government and a number of insurance details.

I do not complicate my tax filing with receipts of taxi rides and other little expenses, the time spent adding up pennies (cents) ends up losing you pounds (Euros).

When I looked at the summary of my returns I suddenly realised I was so much into the top tax band, it made me sick, I was paying so much at 52%.

Tax breaks away from home

Now, I moved to the Netherlands at a time when the UK Labour Party was introducing a new tax code called IR35 where as a self-employed owner of a company my income was to be taxed at source rather than after it had gone through the company – there was an exodus at a time when the UK needed IT personnel.

At the same time, the Netherlands had been attracting brains and skills for decades with what they called the 35% ruling which gave you the first 35% of your income tax-free before the local taxes apply.

At that time, you could claim back literally everything, soon after they closed a number of loopholes and reduced the tax break to 30% and most of those claims did not go through as easily as before.

The issue here when it comes to taxes is not that people do not like to pay taxes but that when taxes do not have an element of fairness, people who pay more tend to feel they are getting nothing back.

If I had stayed in the UK, I would have been looking for an extra GBP 20,000 a year in taxes for a situation where the transport system would not have improved, where I still had to pay heavily for essential health services through insurance and where access to social services were restricted because I did not have a disadvantaged or poor profile.

Moving to the Netherlands with my career profile allowed me to take advantage of a tax break that can run for 10 years before one settles into the full Dutch tax whack.

Infiltrating tax havens

An interesting issue about the fairness of rates of tax is brewing in Europe, surreptitiously; the German secret service through bribery involving a large sum of money (€5 million or $7.3 million) and subterfuge obtained names of German citizens with bank accounts in Liechtenstein who presumably have hidden their wealth from the taxman at home.

They have been trying to obtain this information from Liechtenstein and they have been unable to break the confidentiality clauses that make the Liechtenstein banking system a favoured haven for who feel entitled to have greater percentage of their hard-earned wealth in their pockets than in the wasteful hands of big government.

In fact, it appears an informant had also offered some information about Britons to the UK tax authorities for a price, but they turned the offer down.

Tax fairness would defeat tax evasion

Now, they are accusing Liechtenstein of aiding and abetting tax evaders which is a rather grave if not scurrilous accusation.

Germany now plans to tighten the screws on European tax havens, because they presumably foster tax evasion.

Well, I think that attack plan is wrong headed, because the issue is not necessarily the legality of taxation, I am sure everyone would willingly pay their taxes; the problem is the fairness of the system of taxes.

Crown Prince Alois, the hereditary prince of Liechtenstein went to the crux of the matter when he said of the German system – “If it were a more direct democracy with a better tax system perhaps its citizens would not cheat”.

Hard words, but ones that have the bitter taste of the truth, most of the tax systems in Europe and the United States are warped, over-burdening, unfair and not delivering value for money for the people who contribute the most.

Liechtenstein is not the problem, they are not the tax evaders, Germany is the problem, their tax regime is burdensome and unfair leading their citizens to seek havens for their large incomes.

It is evidently a matter of human nature to find ways to circumvent a feeling of unfairness and if one has the means to implement the measures, they would; in this case in tax havens that have strict confidentiality laws.

A taxed purpose

Whilst tax provides a means of revenue generation for the government, it behoves the government to ensure the moneys go to activities in a prudent manner for managing infrastructure and services without wastefulness - wishful thinking.

I am not sure that taxing for redistribution of wealth is a fair thing, it penalises those who really do work hard to succeed and lets off those we might wrongly assume do too little to get ahead or do nothing at all but leech on the state having children irresponsibly and so on – a reactionary diatribe.

The aspect of repricing is general and based on consumption and representation which implies that “rulers tax citizens and citizens demand accountability” - is almost Utopian.

The only way we can hold people accountable for the way our taxes are spent is through elections that just get rid of politicians; we still retain the same mandarins.

For instance, in the UK, the government has committed over GBP 50 billion in taxpayer’s money in shoring up the Northern Dust and with nationalisation assumed for taxpayers twice that in liabilities and not one head has rolled in government or the government agencies that govern the banking system.

Reform and rewrite

In the end, the real work to be done is in addressing, reviewing and rewriting the tax codes of these countries, I do not think anything can justify paying anything near 50% in taxes.

I did at least three 220 hour months in 2007 and this was NOT for the government or so someone who sits at home each day expecting me to pay for their willingness to remain jobless and not take up opportunities where they have no other choices – I had work to do.

What would it take for governments and lawmakers to reform the tax code? People like me waving placards and persuading our representatives that have a bit of capitalist backbone to see the benefits of fairness in taxation rather than penalising us for being successful to make the less successful feel good.

Then I remember when someone racially abused me a few years ago by suggesting that we black people come to his country for welfare - the reality of my response just makes me angrier about taxes. “I probably pay more taxes than you earn in a year and that goes into the government to have idiots like you speak to me like that.” How true.

Other readings

Taxation in the United States – Complex

Federal Tax Reform

Nigeria: Cut the cake society

Cutting social corners

This “cutting the cake” picture from one of ThisdayOnline's front pages which changes frequently, just about depicts the way we misplace our priorities in Nigeria, if one were to be objective or basically, it is the way things are done in Nigeria, if one were to succumb to the subjective.

The man in the middle is Senator Lee Maeba, and then from the left you have Govenor Timipre Sylva of Bayelsa State, Goodluck Jonathan - the Vice-President of Nigeria, Patience Jonathan (The VP’s wife) and Governor Rotimi Amaechi of Rivers State.

Senator Lee Maeba is married with two children, is a second term senator, the Chairman of the Petroleum Upstream Committee and member of the Establishment & Public Service, Agriculture, Culture & Tourism, Ethics & Petition committees.

Sylva replaced Jonathan as governor and they are all from oil-producing states which have seen so much revenue expended but no appreciable benefit to the people. Say no more.

The question then is why a man with a wife and children is cutting his birthday cake with political affiliates?

Birthdays are for families

One would think this is should be more a family affair, but the curse of junketry (that word again) and just the need to party at any opportunity - this has become a state religion with a horde and multitude of willing worshippers - has brought the Vice-President and two governors together to drink and be merry and that probably is just the tip of the iceberg of the many other idle “dignitaries” as they are known in Nigeria, who attended this lavish ceremony.

Anywhere else public figures celebrate their birthdays, it is usually amongst family with close friends gathering round to share the day with them.

I suppose we could forgive the man for celebrating his Molybdenum Jubilee, a landmark, milestone and grand old age not higher than, nor lower than but equal to the amazingly magnificent number of 42 – The birthday boy … as the caption proudly declares.

Governor Amaechi seems to be stretching out so much the buttons are about to come off the suit – in my opinion the best photograph should have been the Senator, his wife and two children put in the family album and kept of public view.

Maybe, it would be asking a lot for important Nigerian men to spend time with their families when there deals to be made and Jones’ to keep up with on the social calendar. Next, we'll have the Vice-President kiss the bride before the bridegroom does at a church wedding.

‘Nuff Said.

NB: Molybdenum derives from the mineral at 42 in the periodic table.

John McCain with a fistful of ashes for Castro's grave

Bad intentions of bad leadership

It is interesting that a comment in my last blog links up with something I am writing about today.

I read yesterday that Senator John McCain, the front-runner Republican nominee for presidency that opined that he wished Fidel Castro dead very soon.

I am really disappointed that as Castro’s resignation offered everyone an opportunity to become inspired to look at the aspirations of the people of Cuba as see how we could work towards achieving them, we end up with more of the same failed rhetoric – How much does death achieve?

Losing our humanity still

One is saddened that a sense of humanity amidst the animosity between America and Cuba has turned into bloody-mindedness that makes one worry about people who aspire to the office of the President of the United States.

We forget that whatever we aspire to and desire to achieve is always possible, but it does not make us immortal, in fact, I think it is quite rich of a man about to enter the record books as the oldest ever presidential nominee wishing someone else 10 years older dead.

I find no sense of maturity in this kind of thinking because I believe the US could have tailored its policy towards Cuba in a better way to benefit the people and not allow Castro to hold sway for 50 years.

We cannot continue to adhere to flawed policies to the detriment of the humanity who stand to gain from a more inspired, courageous and bold approach to engaging our enemies constructively at the most difficult times.

This takes a different kind of leader and there has been none in American for close to a generation. Ones that show promise still need a wider grasp of the context of history and wealth of experience to take wise and effective steps to project America as a force for good and not a bullying menace that thrives on the gun, a fat cigar and wads of cash.

No thanks to America

I doubt if Cubans resident in Cuba would be thankful to America for any of those policies that isolated a culturally vibrant nation but made them so self-reliant and very resourceful.

The radically socialist-leaning regimes in Central and Southern America are no doubt in part, a backlash in response to myopic policies towards Cuba – remove the embargoes and let the people see what exactly they are missing and then they can decide if want they want the pain of change and if there is anything to gain.

Already speaking death

In fact, one wonders if the “so-called” new breed of presidential aspirants represents any change at all, as if the main thrust of American foreign policy has not committed enough people to earth already.

Now, we have a man who is still struggling to carry the core electoral base of his party, pandering to the belligerence that serves no purpose for peace or the welfare of the people most affected, ready with a fistful of dust and ashes to throw in Fidel Castro’s grave.

We cannot afford another blood-thirsty president in the White House, too much blood has been shed and none of the original goals have been achieved – more people than were killed on 9/11 have died amongst the forces; much more incapacitated for life; the Taleban still thrives in Afghanistan; Osama bin Laden still sends postcards from the edge; Iran and Afghanistan are unstably there.

As for Senator John McCain, you are but a man, and well advanced in years, which I hoped would count for being responsibly smart – I wish you no ill, neither can I bid you Godspeed if you wish others ill.

You are but a man only.

Fidel Castro: At a time of his own choosing

Far from Cuba

I have not been able to convince myself that any of the policies of America towards Cuba for over 40 years have been productive, useful or effective.

Like Bette Midler’s song, Only in Miami is Cuba so far away and the Cuban-Americans there have influenced and lobbied to obtain favours and policies sometimes wholly detrimental to their homeland.

The news of Fidel Castro’s resignation might have had some people dancing in the streets, but I would observe that the man chose to go at a time of his choosing.

Age has a way of slowing people down and with Castro’s government giving Cuba one of the most developed medical healthcare delivery systems in the world he underwent intestinal surgery though the seriousness of his condition and slow recuperation of an octogenarian took him out of the public eye since July 2006.

Of rest and peace

The old man writes, “The night before, I slept than ever”, we can safely say the man has completed his journey and entering into his rest having prevailed against all the machinations of his enemies 90 miles north of his shores.

It is with interest that one notes that a piece of land which the United States leases in perpetuity from Cuba is Guantánamo Bay.

In all, the point I want to make, is, happy is the man who can decide at the time of his own choosing when he has completed his job and he can take a holiday and have a long rest been fulfilled in what he has achieved.

The only other person I know who has exercised this amazing but rare opportunity in life is Madiba Nelson Mandela, so at this point, I wish Fidel Castro a very happy, restful and peaceful retirement.

Earth-queers quaking in Israel

Temple smarts and street dunces

It is a shame that sometimes we cannot look to our religious leaders to foster social cohesion and promote the need to help all peoples live together in harmony.

Their deep knowledge of presumably spiritual matters is sometimes expressed in crass stupidity about social, political or natural law issues.

Even those who believe in miracles do not oppose natural laws; no one would call for rain to come out of the ground nor would they expect the crippled to rise up and walk on pig trotters.

Then we have political figureheads of extreme and fundamental causes who in their ignorance and idiocy look for social cannon fodder to blame for simple natural occurrences which get passed off as acts of God.

Pastor President with Bible Constitution

Mike Huckabee the Republican presidential nominee aspirant represents one shade of that perspective where America would be in danger of having a pastor for a President and the Bible for the constitution – how that can be any different from Ayatollah’s Iran surprises me as so-called conservatives dyed in the formaldehyde of the past still ply in to vote for him.

Can anyone tell these people that human government is radically different from religious government? One requires popular support; the other thrives on the cult of the personality and worse things that impact on the efficacy of democracy.

Earth-queers quaking in Israel

However, the reason for this write-up surrounds the crass statement by a political leader from the ultra-Orthodox (read - not of these times) Jewish Shas Party indicating the recent earthquakes in the Holy Land were caused by gays.

In other respectable forums, a statement like that should make the person certifiable but because he is a politician, stupidity is taken for political savvy – my view – if many people vote for an idiot, it does  not suddenly make the winner of the popular vote smart.

History and experts

I am not going to go into a seismological survey of the Holy Lands but an expert in the geology of the Levant did indicate in November 2007 that the Middle-East was ripe for another earthquake.

Apparently, there are 400-year historical circles that offer a kind of pattern to these predictions with major earthquakes occurring at these times in history along the Jordan Valley in 31 BCE, 363 CE, 749 CE and 1033 CE – Other experts.

To go by the assertion of this political leader I would wonder what societal malaise might have taken a 400-year cycle to coincide with major earthquakes.

It is morally reprehensible for religious or political leaders to seek a minority group to blame for natural disasters and the sooner adherents and followers call their leaders to account the less their beliefs and dogma are subjected to ridicule.

Not 5 in the Israel of God

If I were to seek a Scriptural aside to this verbal atrocity one would only have to refer to the intercession of Abraham on behalf of Sodom and Gomorrah where God acceded that He would spare them if He could find 5 godly people in those two cities.

In the end, only 4 escaped the wrath of God in those 2 cities; Lot, his wife and his two daughters – so maybe the earthquakes in the Levant could have been prevented but for the unfortunate situation that not even 5 godly men could be found in the whole of the Israel of God.

I do not need to carry this argument any further without offering the likes of Shlomo Benizri the opportunity to make idiots of anyone who gives any attention to his comments.

What has any minority done to warrant unfair and dastardly attacks like this?