A Paper Presentation By Prof. Abiodun Amuda-Kannike, SAN, FCiap, Provost College Of Law, Kwara State University, Malete, Via Ilorin, Kwara State, Nigeria At The 3rd Leadership Submit| Induction| Award Presentation Ceremony Held At University Of Port Harcourt, Rivers State, Nigeria On Saturday, 5th October, 2019.
The essence of leadership and entrepreneurship can be first of all seen in the context of organizing and motivating a group of people in order to achieve a common goal using innovation, risk optimization, taking advantage of whatever opportunities that is or are available and ultimately managing the dynamic organizational environment.
It is important to now to consider what leadership and entrepreneurship has as a difference or they are the same? The majority of the people often see the two as synonym, that is meaning that they are the same, but the two words are not same. While entrepreneurship connote a set of attributes which an entrepreneur has and utilize in carrying out his business/enterprise, leadership is said to be the process of making sure people are influenced including the provision of an enabling environment for such people with the opportunity of achieving the level of organizational objectives.
Also, it is important in appreciating leadership to look at the definition between the Federation of Nigeria and Federal Government of Nigeria. The Federal Republic of Nigeria (or the Federation) is the repository of the sovereignty of the people of Nigeria whereas, the Federal or State Governments in contradistinction, are donces of the powers and authority of the people. A Government is a trustee of the power and authority of the people given through elections under the constitution, the government at federal and state levels comes and goes, as was decided in A.G LAGOS VS A.G FEDERATION. Other case gave credence to this too.
Entrepreneurship on the other hand, can be said to be a relative concept as there exists no consensus definition of the word “entrepreneurship” among the various Scholars, Authors and Researchers.
However, it does not mean that there are no definitions at all for the word “entrepreneur”. Accordingly, entrepreneurship means the introduction of new economic activities which will give rise to a change in the market place or marketing environment. Definitely, it means that the essence of creating enterprises are to bring in new innovations.
Entrepreneurship is not just about innovation solely; it equally involves the ability to create products or services within a business environment which will correlate with the inherent financial risks usually associated with success or failure of an enterprise.
Having looked at what leadership and entrepreneurship means, it is equally, necessary to look at the following words to be able to appreciate this work. They are as follows;
iii. National Unity
It should be understand that law is a relative concept as there exist no universally acceptable definition or what we can call consensus definition for law; as the scholars, philosophers and jurists have attempted consensus definition but its not possible up till date.
However, that does not mean that law is not being defined and has not been defined. Law is said to mean, the system or rules of a particular country or community which has been recognized by members as regulating the actions of its members and which ought to be enforced for the purpose of redress, remedies, claims and liabilities either in civil or criminal activities for the peaceful co-existence of the members.
There is also the need to know what “security” means. The definition of “Security” as a noun is the state of being free from danger or threat. As a synonyms; one can refer to security as “safe future”, “assured future”, “safety” and dependability.
Furthermore, security refers to all the measures that are taken to protect a place, or to ensure that only people with permission enter it or leave it. The synonyms here are;
As for uncountable noun, we can coin the sentence as “A feeling of security, is a feeling of being safe and free from worry”, “The love of the security of a happy home life”. “If an alarm gives you that feeling of security, then, it is worth carrying”.
The whole essence of security is the avoidance of danger through several means and to have a peaceful and non-dangerous situation and circumstance and ultimately in such a secured atmosphere, national unity is always prevalent.
National Unity is the acceptance of different groups of people from different angle of the nation to live together.
It equally means a situation whereby people of different religion, tribe and culture live as undivided nationhood. We should understand that National Unity and integration in a nation will lead to the followings;
- It brings about the development of the nation.
- It helps the government of the nation to understand the people in need and choices
iii. It strengthens a nation
- It brings about safety in a nation
- National Unity and integration encourages people to share ideas, values and emotional bonds.
EFFECT OF LEADERSHIP AND ENTREPRENEURSHIP ON DUTY OF CITIZENS
It is to be understood that the duty of the citizens in ensuring national security, peace and development cannot be over emphasized. The leadership role is not for only those in government, it includes the citizens. Therefore, the citizen leadership role would in this regard give opportunity for entrepreneurship development, once there is national security, and peace.
It is trite law that every citizen of this country has a right to report to the police where he honestly believes that a crime has been committed or that a crime is about to be committed In UDO VS ESSIEN, the Respondents breached the embargo placed on the whole village. They even threatened the 1st Appellant. The 1st Appellant reported the crime to the police before the knowledge of the whole village. The court held that the 1st Appellant is entitled to his fundamental right and was therefore within his constitutional right to report all the crimes within his knowledge to the police. The court considered similar situation earlier in the case of ONAH VS OKENWA where the court decided that the citizens right is to report crimes committed to the police or any security agencies.
The truth about it is that as at today, most of the problems associated with downward turn in entrepreneurship has been failure of the citizens to inculcate the spirit of leadership thereby encouraging problem of national security and peace as a result of failure to report crimes, because, as often said, every citizen has a duty to report suspected criminal offence to the police for investigation and apprehension and failure to do this is a disservice to the nation.
We must quickly add that when our leaders are able to encourage the citizens by assisting them through entrepreneurship, the reciprocal effect of such leadership will encourage the citizens to perform their duties in such a way that, they are ready to abide by the various laws, there will be increase/better security in the country and most especially, there will be national unity.
The constitution notwithstanding stating the duties and how the various arms of government are to carry out their functions, equally stated the duties of the citizens to include the followings;
- abide by this constitution, respect its ideals and its institutions, the National Flag, the National Anthem, the National Pledge, and legitimate authority.
- help to enhance the power, prestige and good name of Nigeria, defend Nigeria and render such national service as may be required
- respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood;
- make positive and useful contribution to the advancement, progress and well being of the community where he resides;
- render assistance to appropriate and lawful agencies in the maintenance of law and order.
- declare his income honestly to appropriate and lawful agencies and pay his tax promptly.
From the above analysis, what will make the citizens to perform their duties and what will give our country Nigeria, the desired results in terms of law, security and national peace is an effective leadership and serious entrepreneurship development, as the duties of leaders is a reciprocal duties of citizens.
EFFECT OF LEADERSHIP AND ENTREPRENEURSHIP ON DUTIES OF GOVERNMENT CONSTITUTIONALLY
Once we have good leadership and entrepreneurship development, national security would be enhanced, as the citizens would enjoy better security activities and their mind would be away from criminal activities; there will be peace and development.
It has been said that there has been increase in the level of government interest in entrepreneurship and innovation over the years inform of policies in order to stimulate the economy. The essence of this is to be able reduce unemployment. The above duty of the government has been captured in the constitution thus;
“i. The state shall, within the context of the ideals and objectives for which provisions are made in this constitution:-
- harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy for every citizen on the basis of social justice and equality of status and opportunity.
- Control the national economy in such manner as to the security, the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity;
- without prejudice to its right to operate or participate in areas of the economy, other than the major sectors of the economy, manage and operate the major sectors of the economy
- without prejudice to the right of any person to participate in areas of the economy within the major sector of the economy, protect the right of every citizen to engage in any economic activities outside the major sectors of the economy.”
The constitution, in placing burden of leadership on the government and its role in developing entrepreneurship further stated thus;
“2. The state shall direct its policy towards ensuring:-
- the promotion of a planned and balanced economic development.
- that the material resources of the nation are harnessed and distributed as best as possible to serve the common good.
- that the economic system is not operated in such a manner as to permit the concentration of wealth or means of production and exchange, in the hands of few individuals or a group and
- that the suitable and adequate shelter suitable and adequate food, reasonable national minimum living wage, old age care and pensions and unemployment, sick benefits and welfare of disabled are provided for all citizens.”
We have seen from the Constitutional Provisions above stated, that there are so many ways the leadership of the government of the Federation of Nigeria and the state government either jointly or severally are expected to play the role of developing entrepreneurship which will in turn assist to bring in return, the desired goal of a viable law, a unique security system, and above all, a conducive atmosphere where national unity will reign supreme.
The question has always been, can it be said that all duties of government under the fundamental objectives and directives of states policies in the constitution are enforceable as such? The simple answer is that they are mostly to guide and direct the government on what should be their duties and responsibilities.
LEADERSHIP, ENTREPRENEURSHIP AND CRIME CONTROL
It is not in doubt that the police and other security agencies have right to investigate crime as provided under the law. The duties of police includes powers to detect crimes, investigate crimes, stop crimes and prosecute crimes.
The duties of the police when properly handled will help to encourage entrepreneurship, national security, peace and development. The entrepreneurs will be able to develop the economy when there is security of lives and properties and not in an unsecured environment.
It should be understood that where the same security men such as the police who are to give us security are the ones maltreating the citizens, that will be against the tenents of the requirements of the law, it will on its own affect entrepreneurship, national security, peace and economic development. When leadership of the police acts well, and citizens are busy entrepreneurially, the thought of even committing crimes, causing insecurity and non eaceful atmosphere will be reduced or be a thing of the past but the police must not be used as debt collector or for maltreatment of citizens.
No wonder, the law stated that in law, any action founded on impunity and thus in disregard of due process of law, must be cut-down to size and deprecated by the court in matters before it.
The issue of impunity is not allowed at all under the rule of law and resort to police by parties for debts outstanding under contractual relationship has been repeated deprecated by the courts. The police have been rebuked several times, for abandoning its primary duties of crime detection, prevention and control to settling of debts and using its cohersive power to breach citizens rights.
There are various Anti-corruption Laws and Agencies, put in place by the government in order to curb or eradicate corruption in Nigeria and when all this Laws and Agencies are able to do their duties to curb crimes, entrepreneurship activities are bound to rise, most citizens will get busier, instead of being involved in criminal activities, they will concentrate in entrepreneurial activities, ultimately, the country will then witness, good security activities, rest of mind and national peace.
But is must be pointed out that that for the above laws and agencies, to have the desired respect and support of the members of the public, they must not be seen as acting beyond their statutory powers, they must not be seen as being used by the politicians to settle political scores they must be involve in genuine investigation and not persecution. The former chairman of EFCC, Nuhu Ribadu, while testifying before the National Assembly stated thus;
“When corruption is king, there is no accountability of leadership and no trust in authority. Society devolves to the basic units of family and self, to the baser instincts of getting what you can when you can, because you don’t believe anything better will ever come along. And when the only horizon is tomorrow, how can you care about the kind of nation you are building for your children and your grand children? How can you call on your government to address what ails society and build stronger institutions?”
With all due respect, the government had tried in creating one agency or the other in order to encourage entrepreneurship. The question we shall then ask is; “can we really say that all this various agencies have fulfilled their mandates.” The average entrepreneur in Nigeria cannot with all due respect, point out to the average benefits of the agencies, yet millions of naira are voted to maintain such agencies. If they had worked optimally to the advantage of the entrepreneur, economic development in Nigeria would have improved, the result and effect would have been improved security and national unity. The truth about this is that several entrepreneurs or would be entrepreneurs are not happy, they are poorer and in such situation, adherence to law, security and national unity also becomes poorer. Accordingly, we hereby postulate this theory in law relating to entrepreneurship which we call “Prof. Abiodun Amuda-Kannike (SAN) theory on law relating to entrepreneurship” thus;
“THE POORER THE LEADERSHIP IN PLACE, THE POORER THE ENTREPRENEURS, THE POORER THE LAW, THE POORER THE SECURITY AND THE POORER IS THE UNITY OF A COUNTRY”
We contend that the above theory becomes important and hold its authority to various variables;
- arrest all the entrepreneurs in a country, keep them in detention for a month, then calculate your country economic index.
- kill all the entrepreneurs, see whether your country still exist, check if there is security or law.
iii. over tax all the entrepreneurs, don’t give them incentives, calculate your economic index
- make life unbearable for the entrepreneurs, see whether there will not be insecurity, disobedience to law and order and even threat to leadership and economic survival of a nation.
- put in place good leadership and most especially develop entrepreneurship both locally, nationally and internationally, with all the necessary enabling environment, calculate your economic index especially in collaboration with real and non sentimental experts, in relation to global economic development.
A theory is said to be a supposition or a system of ideas intended to explain something especially one based on general principles independent of the thing to be explained.
A theory is also defined as a contemplative and rational type of abstract or generalized thinking about a phenomenon, or the results of such thinking. The process of contemplative and rationale thinking often is associated with such processes like observational study and research.
Therefore, the Prof. Abiodun Amuda-Kannike, SAN, theory on law relating to entrepreneurship is in line with the definition of theory above and same has come to stay, with all due respect in the study of entrepreneurship and the law and with the formula as;
L1 x CE L, S, U
L1 = Leadership its arranged thus; L1ECLSU
E = Entrepreneurship
C = Citizens
L = Law
S = Security
U = Unity
The higher the co-efficient value of leadership and entrepreneurship, the higher the value of citizenship, law, security and unity.
However, where the co-efficient value of leadership and entrepreneurship is lower, the lesser the value of citizenship, law, security and unity.
LEADERSHIP, ENTREPRENEURSHIP, AND EFFECT ON COMMUNAL SECURITY AND UNITY OF A COUNTRY
The issue leading to the Ogoni Crisis, called the Saro-Wiwa trial has to do with the Royal Dutch Company popularly called “The Shell Petroleum Development Company of Nigeria Limited”
The government mishandled the issue of Ogoni crisis and it has led to several other groups apart from MOSOP, there are other Militia groups fighting for the emancipation of their people. Because of the crisis of leadership, it affected entrepreneurial development and ultimate, law, security and national unity.
The crisis in the country continue to multiply as even the Boko Haram issue is still there, the leveling of Odi Town too took place, the Zaki-Ibiam crisis occurred too and this has affected economic development of our country the security and national peace Crisis continue every day to the extent that no one is sure of his security any longer.
It is said that generally, leadership, and entrepreneurship leads to peace building, national security and peaceful co-existence among citizens and that this can be realized through economic development. When conflict occurs, the truth about it is that both economic development, peace and national unity suffers, ultimately and entrepreneurship is negatively in coma. When there exist good leadership and entrepreneurship development, we would notice, economic and political development at a higher level giving rise fundamentally to the improvement in the quality of the life of the citizens.
We introduced the subject matter which is the effect of leadership and entrepreneurship on law, security and national unity. The introduction also featured the definition of key terms dealing with the above subject matter and they are;
(v) National Unity
Furthermore, the work dealt with the effect of entrepreneurship on duty/duties of citizens and we made reference to some case laws and sections of the constitution of Nigeria, most especially section 24.
There also exist discussion on the effect of leadership and entrepreneurship on the duties of government. With respect to this issue, we made reference to section 16 of the 1999 constitution while also emphasizing on section 16(2) of the said constitution.
The important issue of leadership, entrepreneurship and crime control was analyzed and in the process, we looked at section 4 of the police Act and some decided cases on the need of how our law enforcement agents should act in order to avoid acts capable of eroding the essence of the rule of law. The other laws, on other security agencies were scrutinized in terms of their importance to our nation security and national unity.
The work took cognizance of the new theory propounded by the author of this work and which said theory is called “Prof. Abiodun Amuda-Kannike, SAN, theory on law relating to entrepreneurship and the essence of the theory postulated was discussed.”
From the work which we have presented, it is herein recommended as follows;
(i) There should be more articles to be published in reputable journals on this topic, which is effect of leadership, entrepreneurship, on law, security on national unity in order to develop the knowledge in this regard.
(ii) There should be more conferences, seminars and other academic activities where the role of leadership and entrepreneurship and the citizens compliance with the law, ability to have good security atmosphere and the peaceful co-existence of the nation. A country which is at war, will have a leaders whose attention would be divided, entrepreneurship and the economy will be in jeopardy; law, order and national unity will definitely be at a terrible negative level.
(iii) The government should as a matter of urgent necessity instruct the ministry of information to source for resource papers on national issues especially those ones on entrepreneurship and to make use of those ideas it found necessary and not to ignore same as it does not encourage writers to bring out brilliant ideas and same does not assist the country because some persons felt their own idea is better. The Economic council just inaugurated should also make use of these said ideas.
(iv) The government should encourage entrepreneurship properly through adequate finding such a way that about 30% of the budget should be devoted to entrepreneurship. The National Assembly are enjoined to specifically bring up a bill on this issue and pass same into law accordingly or amend the constitution and inserting this lofty idea on entrepreneurship. More jobs will be created through entrepreneurship and there will be peace and security as the adage sayings goes “an idle man is the devil workshop”.
(v) The government should check the activities of the agencies dealing with the issue of entrepreneurship with a view to re-organizing them for effective work/activities in order to see adequate result and successes from their activities. As at now, they have performed poorly with all due respect.
(vi) The new theory should be well published and utilized.
It can be concluded that since the essence of the conference has to do with the topic “leadership and entrepreneurship advancement; A panacea to national security, peace and development, and because, this paper is the second paper for this conference, we have decided to reformulated this topic, tagging it “The effect of leadership and entrepreneurship on law, security and national unity”. From our discussion, it can be said with all due respect that effective leadership, entrepreneurial development will ultimate advance our laws, security and national unity.
- Prof. Abiodun Amuda-Kannike, SAN; How relevant is entrepreneurship to law, good governance, democracy, reduction in social vices illegality and insecurity: A paper delivered at covenant University on 3/8/2019 pg 2
- INTERNET MATERIALS
- See Entrepreneurship and Leadership: https://yscourts.com, Accessed through the internet on 10/9/2019 at 2a.m
- Dr. Sinha: Differences between Entrepreneurship and Leadership; see; www.yourlibrary.com; Accessed through the internet on 10/9/2019 at 1:15am
- Definition of entrepreneur; see U.S Census Bureau: https://www.census.gov/eped/www/epe/www/smallu.s.html.vihe.inevitable; Accessed on the internet on 11/9/2019 at 2am.
- Law, see New International Dictionary; https://en.m.wilipedia.org;Accessed through the internet on 17/92019 at 4am
- Security; https://en.oxforddictionaries.com; Accessed through the internet on 17/9/2019 at 5am
- Security; https://collinsdictionary.com; Accessed through the internet on 17/9/2019 at 5:15am
- National Unity: https://www.quora.com; Accessed through the internet on 17/9/2019 at 6:30am
- National Unity: https://passnownow.com; Accessed through the internet on 18/9/2019 at 7am
- Theory meaning; https://www.collinsdictionary.com; Accessed through the internet on 24/9/2019 at 8:49pm
- Meaning of theory; https://en.m.wikipedia.org; Accessed on 24/9/2019 at 9pm
- Peace building; https://lostrjournals.org accessed through the internet on 24/09/2019 at 8pm.
- CASE LAWS
- A.G lagos Vs A.G Federation (2015) 62 (part 2) NSCQR pg 115 at pg 1251 per N.S Ngwuta JSC
- A.G Kano State Vs A.G Federation (2007) 3SC (part 1) pg 59; A.G Federation Vs Imo State (1993) 4 NCLR pg 178; A.G Benue State Vs A.G Federation & ors unreported Supreme Court Case No 179/2006 of 25/10/2007 full panel.
- UDO VS ESSIEN (2015) 5 NWLR (part 1451) pg 83
- ONAH VS OKENWA (2016) 7 NWLR (part 1194) pg 512
- AFRICANK NIG. PLC VS ONIYMA (2004) 2 NWLR (part 858) pg 654
- OKAFOR & ANR Vs ASSISTANT INSPECTOR GENERAL OF POLICE, ZONE II, ONIKAN & ORS (2019) LPELR 46505 (ca)
- CHIEF (HON) JAMES CLEMENT .M. OHANEDUM & ANR VS COMMISSIONER OF POLICE & ORS, CA/OW/175/2011 delivered by Court of Appeal on 23/1/2015, ORKATE VS EKPO & ORS (2014) LEPLE 23525 (CA)
- FAJEMIROKUN VS COMMERCIAL BANK NIG. LTD. LPELR (2009) SC 336/2002
- Section 24 of the Constitution of the Federal Republic of Nigeria 1999 as amended.
- Section 14 of the Constitution of Nigeria 1999 as Amended
- Section 16 (2) of the 1999 constitution
- Section 4 of Police Act LFN 2004
 A.G lagos Vs A.G Federation (2015) 62 (part 2) NSCQR pg 115 at pg 1251 per N.S Ngwuta JSC
A.G Kano State Vs A.G Federation (2007) 3SC (part 1) pg 59; A.G Federation Vs Imo State (1993) 4 NCLR pg 178; A.G Benue State Vs A.G Federation & ors unreported Supreme Court Case No 179/2006 of 25/10/2007 full panel.
 Definition of entrepreneur; see U.S Census Bureau:
https://www.census.gov/eped/www/epe/www/smallu.s.html.vihe.inevitable; Accessed on the internet on 11/9/2019 at 2am.
 Prof. Abiodun Amuda-Kannike, SAN; How relevant is entrepreneurship to law, good governance, democracy, reduction in social vices illegality and insecurity: A paper delivered at covenant University on 3/8/2019 pg 2
 Security in the positive sense is a secured and safe situation, security in the negative sense is an unsecured situation, in the business sense, security means leaving a property to take a loan or to do a business in order to be sure that if the agreement fails the property will be taken.
 UDO VS ESSIEN (2015) 5 NWLR (part 1451) pg 83
 ONAH VS OKENWA (2016) 7 NWLR (part 1194) pg 512
 AFRICANK NIG. PLC VS ONIYMA (2004) 2 NWLR (part 858) pg 654
 Section 24 of the Constitution of the Federal Republic of Nigeria 1999 as amended.
 Section 14 of the Constitution of Nigeria 1999 as Amended
 Section 16 (2) of the 1999 constitution
 From the analysis, we can see the link between leadership, entrepreneurship, law, security and above all, a united and prosperous nation
 Section 4 of Police Act LFN 2004
 OKAFOR & ANR Vs ASSISTANT INSPECTOR GENERAL OF POLICE, ZONE II, ONIKAN & ORS (2019) LPELR 46505 (ca)
 CHIEF (HON) JAMES CLEMENT .M. OHANEDUM & ANR VS COMMISSIONER OF POLICE & ORS, CA/OW/175/2011 delivered by Court of Appeal on 23/1/2015, ORKATE VS EKPO & ORS (2014) LEPLE 23525 (CA)
 FAJEMIROKUN VS COMMERCIAL BANK NIG. LTD. LPELR (2009) SC 336/2002
 Code of conduct for public officers, 5th Schedule to the 1999 Constitution as Amended.
 Nuhu Ribadu; Capital Loss and Corruption: The example of Nigeria; Testimony before the House Financial Services Committee on 19/5/2009
 The security crisis and lack of trust among the citizens continue to rare their ugly head almost everyday.
 The key terms assisted in giving special explanation to who even is going through the work or whoever is the audience when the paper was being presented
 We took our time to make sure the topic we have couched which dealt substantially with issue of law do not loose its focus from the main topic meant for the national conference.