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Amaechi, Malami correct NASS on Sovereign immunity

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….Says, diplomatic immunity not same as commercial immunity
Joel Ajayi
Minister of Justice and Attorney General of the Federation, Abubakar Malami today joined Minister of Transportation, Rt Hon. Chibuike Rotimi Amaechi to set the records straight on Nigeria’s sovereignty not being at risk in the country’s loan agreements with China.
There is a difference between international diplomatic immunity ‘which has to do with a nation’s sovereignty, independent existence’ and commercial immunity which has to do with a commitment to ensure repayment of loans’, Malami explained while answering questions alongside Amaechi on a TV programme, Tuesday.
He said the misconception is that the National Assembly is looking at the diplomatic immunity as against the commercial immunity of a country when it has to do with loans, adding that there is no concession whatsoever made as it concerns Nigeria’s diplomatic immunity.
“If you talk of immunity within the context of diplomatic immunity which has the implication of the independence of a state and its institutions in its own right, there is no concession whatsoever made by Nigeria as it relates to diplomatic immunity that has to do with its independent existence as a nation, neither was any concession made as related to institutional diplomatic immunity of the Nigerian institutions.
“But when you talk of immunity within the context of commercial sense, that is where I think we need to clarify issues with particular reference to the loans and commercial transactions among nations.
“Concessions relating to immunity for the purpose of provision of commercial guarantee are a normal, traditional ritual. Nations enter into respective interstate agreements and in the course of so doing, surrendering their jurisdictional immunity. It is on account of that for example that you see Nigeria signing an agreement with other institutions or nations and agreeing to a choice of territorial jurisdiction for the purpose of determining disputes when they arise. So that is how eventually you see Nigeria submitting to jurisdiction for determination of a trade dispute in UK, in Paris and in other international fora or jurisdiction even when Nigeria as a nation has diplomatic immunity.
“And now that brings you to commercial immunity. The context and the implication of a commercial immunity or sobriety. It’s indeed embedded in an appreciation that country A requests for a loan facility from country B and then country B is entitled as a matter of right to extract a commitment, an understanding that at the end of the day, the loan advance will eventually be paid. So it is indeed a concession and sobriety, giving an undertaking, providing a guarantee for repayment of the facility when the need arises.
“So commercial immunity is in essence a mere guarantee that allows an advancing state an opportunity, right and power to claim back the financial advances made to a party state and that in its own right is indeed to an asset for the purpose of repayment of the loan. It is in no way extended to perhaps concession to diplomatic immunity by which you now surrender the rights, privileges and independence of a nation state. But it is a commercial term that is restrictive, exclusive to an asset, a commercial asset for that matter in the event of default,” Malami said.
The AGF added that the clause is a mere guarantee, a commitment that allows an advancing state (the lender) the powers to claim back an asset for the purpose of repayment of a loan and is in no way connected to the sovereignty of a country.
“The bottom line is to appreciate the difference between International diplomatic immunity which in its essence and right is an immunity relating to the independent existence of a state, and a commercial immunity which in essence is a commitment that you are now conceding that in the event of default of payment of an advanced amount of money, you will have the right to now attach the commercial asset of a borrowing state for the purpose of satisfaction. So that is where I think the misconception set in.
“Misconception to the effect that the National Assembly is in essence looking at the international diplomatic immunity as against commercial immunity which in its own right is operated only to guarantee the repayment of the advanced loan,” he stated.
On his part, Minister of Transportation, Chibuike Amaechi again dispelled the notion that Nigeria’s sovereignty has been signed off to China in obtaining the loans.
He said, “Nobody has signed out anything. A sovereign nation is a sovereign nation, nobody can recolonise us. We must learn to pay our debts and we are paying, and once you are paying, nobody will come and take any of your assets.
Amaechi said the previous administration cannot even be blamed for the loan or clause in the agreement because it is a standard clause.
“We will not blame President Goodluck Jonathan’s government for taking the loan, because like I said, it is a standard clause in every loan agreement. That clause enables the lending country to go to arbitration. It creates an avenue for them to be able to retrieve their funds in the case of a default. If therefore there’s an asset that has been mortgaged, they must be able to get to that asset. If you don’t waive that immunity, they cannot. It’s a standard clause in every international loan agreement.
“If the National Assembly says we have signed out the sovereignty of our country, so why did they approve? Didn’t they see it before approving?”
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Presidency Refutes Afenifere’s Deceitful Statement on President Bola Tinubu’s Midterm:

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Chief Sunday Dare

The statement from a factional Afenifere group raises serious concerns about a penchant and deliberate attempt to find faults and trade in deceit instead of objectivity. The group has found it challenging to accept that under the Renewed Hope Agenda of President Bola Tinubu, Nigeria’s comeback story is firmly underway.

The rebellious Afenifere claims that President Bola Tinubu’s administration’s performance over the past two years has witnessed a regression in human development, economic mismanagement, and democratic backsliding.

This is a jaundiced view, echoing the view of opposition politicians, one of whom the group supported in the 2023 election.

A balanced assessment based on available data reveals a more objective and progressive picture, with significant achievements amid the challenges expected from a country like Nigeria with decades-old problems.

Beyond its confounding conclusions based on prejudice, the statement raises the following issues. With the ensuing point-by-point clarification, it will become clear that the group’s position is neither grounded in facts nor logic.

  1. Economic Reforms and Their Impact

The factional Afenifere’s claim that Tinubu’s economic reforms, particularly the removal of fuel subsidy and the floating of the naira, have led to “unmitigated sufferings” and “economic deforms” seeks to draw attention to some of the challenges but overlooks the macroeconomic gains. The removal of the fuel subsidy, announced on May 29, 2023, saved the government over $10 billion in 2023 alone, reducing fiscal strain and redirecting funds to other sectors. Unifying the foreign exchange market and the naira’s floatation aimed to address distortions in the currency market, boosted foreign reserves to $38.1 billion by 2024 and achieved a trade surplus of N18.86 trillion for the country.

Under the Tinubu administration, Nigeria’s annual inflation rate fell to 23.71% in April 2025 from 24.23% in the prior month. Food inflation, the most significant component of the inflation basket, remained elevated but moderated to 21.26% from 21.79%

While these figures indicate stabilisation, the immediate impact on ordinary Nigerians is not lost. The government’s cash transfer programme, which provides funds to the poorest households and benefits over 5.7 million households, is a credible outreach.

However, dismissing the twin policies as “unforced errors” ignores the unsustainable nature of the previous subsidy regime and multiple exchange rate systems, which were draining public finances. A more balanced critique would acknowledge the necessity of reform while emphasising the need for better-targeted social safety nets.

As of today, the Tinubu administration has recorded over 900,000 beneficiaries of the Presidential Loan and Grant Scheme, over 600,000 beneficiaries of the Students’ Loan Scheme, NELFUND, N70,000 minimum wage, NYSC monthly stipend increase from N33,000 to N77,000, Free CNG kits distributed to thousands of commercial drivers across Nigeria with CNG buses rolled out in partnership with state governments, leading to a significant drop in transport costs. The administration also recorded over $10 Billion FX debt cleared, Federal account allocation to states growing by 60%, enabling more local development projects, N50 billion released to end the perennial ASUU strikes, and over 1,000 PHCs revitalised nationwide with an additional 5,500 undergoing upgrades.

The administration also disbursed N75 Billion in palliative funds to states and LGs for food distribution and cash transfers, over 150,000 youths are being trained in software development, tech support and data analysis under the 3 Million Technical Talent (3MTT) project, over 20,000 affordable housing units under construction under the renewed Hope cities program launched across Nigeria, N200 Billion in Loans to farmers and agro-processors. Other gains: over two million Nigerians are now connected to new digital infrastructure and community broadband hubs and public WiFi projects, 3.84% GDP growth in Q4 2024 (highest in 3 years), over $50 Billion in new FDI Commitments, Net Foreign Exchange Reserves up from $3.99 Billion (2023) to $23.11 Billion (2024), over $8 Billion in new oil and gas investments unlocked, and over $800 million realised in processing investments in solid minerals in 2024 and inflation as at April was down to 23.17%.

It is now pertinent to inquire from opposition leaders about alternative strategies they would propose in contrast to this administration’s extensive list of significant achievements currently benefiting Nigerians in real-time.

  1. Cost of Governance and the Oronsaye Report

The assertion that the Tinubu administration has failed to implement the Oronsaye Report and instead increased governance costs is inaccurate. The Oronsaye Report, which recommends the merger or scrapping of government agencies to reduce expenditure, has not been fully implemented and has drawn criticisms; it must be noted, however, that the administration has made some efforts to improve fiscal discipline. The fiscal deficit was reduced from 5.4% of GDP in 2023 to 3.0% in 2024, and the debt service-to-revenue ratio dropped from nearly 100% in 2022 to under 40% by 2024. The government also recorded over N6 trillion in revenue in Q1 2025, partly due to removing Ways & Means financing and fuel subsidies. These steps demonstrate fiscal prudence and will eventually translate into immediate, tangible relief for citizens. The administration is working earnestly to address these optics and prioritise cost-cutting measures, including implementing the Oronsaye Report, to restore public trust.

  1. Allegations of Prebendalism and Corruption

Afenifere’s claim that the administration favours “the privileged and connected” through corrupt palliative distribution and mega-project allocations is questionable. Reports of palliatives being mismanaged or distributed through unverified channels have no doubt surfaced, raising concerns about transparency.

The administration has taken steps against corruption, such as suspending Humanitarian Affairs Minister Betta Edu in January 2024 over alleged fund diversion, signalling some commitment to accountability. Critics may argue that more systemic action is needed, but dismissing all the efforts as propaganda overlooks these initial steps.

Without abusing Presidential powers, the administration is working on expediting action on all pending investigations and prosecution of corrupt practices. At the same time, critical agencies are collating credible evidence on ongoing corruption litigations. It must, however, be noted that in 2024, the Economic and Financial Crimes Commission (EFCC) secured a record-breaking 4,111 convictions, marking its most successful year since its inception. They recovered over N364 billion and significant amounts in foreign currencies, including $214.5 Million, $54,318.64, and 31,265 Euros.

The EFCC achieved its single most significant asset recovery in 2025, with the final forfeiture of an Abuja estate measuring 150,500 square meters and containing 725 units of duplexes and other apartments. The EFCC concluded the final forfeiture and handed the estate to the Ministry of Housing in May 2025.

  1. Democratic Concerns and Centralisation

Afenifere’s accusation that the Tinubu administration is pursuing a “one-party state totalitarianism” and undermining democratic institutions is unsupported and lacks merit. The claim of neutralising the legislature and judiciary is also a false alarm.

The public should note that the Supreme Court has upheld opposition victories in states like Kano, Plateau, and Abia, suggesting judicial independence. The Independent National Electoral Commission (INEC) has faced criticism for allegedly appointing individuals said to be ruling party affiliates, but no evidence confirms these appointees are card-carrying APC members.

The allegation that the Tinubu government cracks down on peaceful protesters is primarily unfounded. It is a regurgitated rhetoric deployed under previous administrations as a reflection of broader challenges in Nigeria’s democratic culture.

The issue of the State Police is more complex than the oversimplified approach of the factional Afenifere’s statement. Every administration policy is subject to security impact assessment before implementation, and there is a difference between the State Police being widely advocated and a Police State that critics may blame the Federal Government for if implemented without caution.

  1. Security and Social Welfare

Contrary to the impression created, the administration’s security record is impressive. Over 13,500 terrorists, bandits, and insurgents have been neutralised and 7,000 arrested in the past year, though there is still some news of abductions and violent attacks. The administration’s proactive response to security-related matters has paved the way for more farmers to return to their farms, impacting food production and supply.

The administration also embarked on agricultural initiatives, including tractor procurement, fertiliser distribution, and increased mechanisation.

The government has also not relented on its Regional Development drive as the administration succeeded in establishing Development Commissions across 6 Geopolitical zones (South West, North West, North Central. North East, South East and the Niger Delta) to empower communities and accelerate developments.

  1. Political Climate and 2027 Elections
    The claims of government-sponsored conflicts within opposition parties lack concrete evidence and should be ignored.

Economic reforms are undoubtedly laying the foundation for long-term stability, with GDP growth at 4.6% in Q4 2024 and a Fitch B credit rating upgrade as evidence. Moody’s Investors Service’s latest upgrade of Nigeria’s rating from Caa1 to B3, with a Stable Outlook, indicates that the Tinubu administration is on the right path.

The government is not oblivious to some discontent and difficult times among Nigerians. There is an urgency to deliver more tangible results, which is guaranteed given the impressive performance of the administration in just two years.

Afenifere’s statement saw the cup as half empty. On the contrary, it’s half full. Under President Tinubu’s administration, some of Nigeria’s hydra-headed problems are being tackled headlong.

The administration has achieved fiscal improvements, such as reduced deficits and increased revenues, which will eventually translate into meaningful microeconomic relief for most Nigerians in the short term, even as the government moves to address these issues with greater empathy and transparency.

The administration’s demonstrable priorities are securing the nation, fixing the economy, and improving human capital development.

Responsible citizens and political leaders must work collaboratively with the administration to address the challenges and counter disinformation, as highlighted in the admonition against fake news and deceptive AI videos.

Under President Tinubu’s leadership, Nigeria is turning the corner. From stabilising the naira and curbing inflation to reducing debt burdens and

expanding access to education and health, the administration delivers bold reforms with actual results. With improved security, regional inclusion, anti-corruption measures, and institutional rebuilding, Nigeria’s comeback story is not yet complete — but it is firmly underway.

– Sunday Dare is the Special Adviser to Mr. President on Media and Public Communications.

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