The Nation Newspaper

Category: Law

  • Buhari’ll bring true change, says Ngige

    The declaration of General Muhammadu Buhari (Rtd) did not come to me as a surprise. Though this victory was long in coming keen observers of recent developments in Nigeria  know that the victory was inevitable; that a day like this would come. It was a victory postponed, but not denied.

    It is not in doubt that the last time the Peoples Democratic Party (PDP) won an election freely and fairly conducted in Nigeria was in 1999 under the administration of Gen. Abdulsalami Abubakar.

    From 2003 to 2011, PDP had not won any free and fair election. It was the judiciary that had always legitimised the shenanigans that characterised the previous elections.

    It is, therefore, to the credit of Prof. Attahiru Jega that he decided to make history by insisting that the 2015 Presidential and National Assembly election is substantially free and fair despite the massive rigging some unscrupulous INEC perpetrated in the South-East and South-South states in the election.

    Nigerians yearned for change: change from a corrupt, clueless, inept, incompetent, hopeless, divisive and hateful government that had been in office for the last 6 years. Nigerians yearned for a change from a government that had divided the country along ethnic, religious and regional lines to a government that will unite, unify and bond all Nigerians.

    Nigerians yearned for change from a government that had no answer to the collapsing economy, mass unemployment, insecurity and mass poverty to a government that will revive the economy, create employment and empower the masses. Nigerians yearned for a government that will stop the mindless looting of our common patrimony and assets by our fellow country men and women.

    I am hopeful and optimistic that Gen Buhari represents the symbol of change that Nigerians yearned for hence the massive support he received from the entire North, South West, South East and South South zones of Nigeria.

    The process for the redemption of our country under the leadership of Gen Buhari and Prof Yemi Osinbajo (SAN) has just started. All hands must be on deck to support the incoming government to return this country to the path of glory and progress.

    I congratulate Nigerians for this historic election in which an incumbent government at Federal level has been voted out of office through a free and fair election.

    I must also congratulate the outgoing President, Dr. Goodluck Ebele Jonathan for his spirit of sportsmanship in conceding defeat and thus saving the nation from needless post election tension and apprehension. To God be the Glory. Long Live Federal Republic of Nigeria.

     

  • Why Nigeria is underdeveloped, by Daudu, others

    Why Nigeria is underdeveloped, by Daudu, others

    The Eket Branch of the Nigerian Bar Association (NBA) has held its law week. The guest speaker at the opening ceremony, a former NBA president, Joseph Daudu (SAN), identified how to reverse Nigeria’s underdevelopment. JOHN AUSTIN UNACHUKWU reports.

    Former Nigerian Bar Association (NBA) president, Mr. Joseph Daudu (SAN),  has said Nigeria’s underdevelopment should not be blamed on the leadership alone. He said the citizens are culpable too.

    Both groups, he said, have shown a lack of understanding of democratic principles such as due process, rule of law, good governance and accountability.

    Daudu spoke on The rule of law, democracy in Nigeria and good governance-matters arising at the opening ceremony of the NBA Eket branch’s Annual Law Week.

    Daudu said majority of Nigerians are poor even though they are “in an ocean of plenty”.

    “The people and even those who loot the nation’s assets are in poverty and bankruptcy of resources and ideas.

    “What, then, is responsible for this state of affairs? Some have blamed it on our understanding of the concept of democracy, while some have ascribed it to absence of credible leadership. Some think that it is a failure of followership.

    “The inability of both to comprehend these are democratic concepts have  put them in jeopardy,” Daudu said.

    According to him, corruption is the antithesis of democratic ideals; while the corrupt sees in every official act profit for himself. On the other hand, democracy expects that the service rendered is for the people.

    “This irreconcilable conflict of interest between these two parallel ideals if it continues at this pace will comprehensively destroy the entity known as Nigeria.

    “Unfortunately in all departments, the indices that a developing nation should be adjudged by do not add up for us.

    “Our greatest assets, which are our teeming population and our diversity have become for us a disadvantage brought about by greed and mistrust. This has affected us in every sphere of department, infrastructural and human,” Daudu said.

    First NBA Vice-President Francis Ekwere; Justice John Okoro of the Supreme Court and NBA Second Vice-President Taiwo O. Taiwo.
    First NBA Vice-President Francis Ekwere; Justice John Okoro of the Supreme Court and NBA Second Vice-President Taiwo O. Taiwo.

    The former NBA president said it is not too late to change course. The corrupt, he said, should seek new pre-occupation where they can work for themselves and make profit.

    “Even when working for themselves, they would soon discover that they are bound by the strict rules of corporate governance, which promotes accountability and sound ethics just as the rules of good governance promotes similar ideals in the public service,” he said.

    In the legal profession, Daudu said corrupt behaviour has spread, thereby affecting the honour and dignity with which lawyers are held.

    “The Legal Practitioners Disciplinary Committee continues to grapple with dozens of cases involving our colleagues who have unfortunately been accused of corrupt practices within the ambit of their professional expectations.

    “It is hoped that both the central and state governments will tackle the spectre of corruption in the system as the legal profession through the Body of Benchers and the NBA have done.

    “It is hoped that other agencies in the country both public and private will positively engage and join in the reversal process against corruption.

    “While the leadership have a responsibility to provide good and indeed, exemplary leadership, the people have a corresponding duty, nay social contract to obey extant laws and demand accountability from her leaders

    “Failure or omission on the side of both parties to keep the faith as described above, will plunge Nigeria into unspeakable cataclysm. Our generation must not let that happen,” Daudu added.

    In his paper titled: Insurgency in Nigeria, where did we get it wrong,’ Paul Erokoro (SAN) said there can be no development without peace.

    According to him, insurgency has hampered Nigeria’s development and must be dealt with decisively.

    He defined an insurgent as  a person who, for political purposes, engages in armed hostility against an established government.

    He said: “The United States Department of Defence in 2002 defined terrorism as: ‘the unlawful use of our threatened use of force or violence against individuals or property to coerce and intimidate government or societies, often to achieve political, religious, or ideological objectives.

    “Section 46 of the Economic and Financial Crimes Commission Act 2004 (EFCC Act) defines terrorism, Section 15 of the Act also provides for the offence of terrorism and surprisingly prescribes a term of life imprisonment for any person convicted for either supporting terrorism, funding terrorism, or committing terrorist acts.

    “From the two legislations, there appear to be conflicts with regards to the terms of imprisonment upon conviction. For the purpose of this paper, I will apply the words insurgent and insurgency to reflect the topic of discussion. Insurgency can be defined in its simplest form, as a rebellion against a constituted authority,” he said.

    Erokoro said development could only thrive in a peaceful environment.

    “Insurgency is inimical to sustainable national development. He urged the government to embark on poverty alleviation programmes, especially in the North, adding that these would impact positively on the lives of its citizenry,” Erekoro said.

    Youth unemployment, he said, should be addressed by the government.

    “Education must be a right not privilege and where possible, free/compulsory education should be implemented in the North.

    “Government should intensify border control and intelligence gathering/promote information and computer technology training for our security forces.

    “The government must eschew corruption in the fight against insurgency and improve the welfare of our security personnel.

    “Merit system should be adopted in employment and distribution of natural resources. The military should stay off from partisan politics while ensuring good governance.

    “There is need for government to urgently look into the take home pay of political office holders and drastically reduce their entitlements. By this only those who genuinely want to serve will contest for elections.

    “There is need for urgent overhauling of the investigating and prosecuting authority on terrorism. The Judiciary should, as a matter of urgency, establish special procedures for the quick dispensation of terrorism cases.  The case of Charles Okah, who was accused of October 1, 2010 bombing is still pending while his brother, Henry has been long tried and convicted in South Africa, he said.

    He cited the case of Aminu Sadiq Ogwuche, the alleged mastermind of the April 14, last year Nyanya, Abuja bomb blast, saying it seemed to have suffered prosecutorial setbacks.

    “The above recommendations are not exhaustive, but if government can urgently address them, we will be on the path to a better Nigeria where we  can live the words of our national anthem and truly live in a “nation bound in freedom, peace and unity,” Erokoro said.

    The branch’s chairman, Mr. Akpadiaha Ebitu, said the Law Week was unique because it included a lecture in honour of Senator Effiong Bob, the Pro-Chancellor of University of Benin.

    The branch’s bar journal was launched, while a fund-raiser for N80million for the Bar Centre was held. The week ended with a dinner.

    Among those who attended were the Chief Judge of Akwa Ibom State, Justice Idongesit Ntem Isua; Hon Justice Joy Unwana, past secretary of the branch and Founder, Heritage Polytechnic, Eket,  Emmanuel Ekott, Mr.  Scoot Tommy.

  • Nigeria on path to true democracy, says NBA chair

    Nigeria on path to true democracy, says NBA chair

    The Nigerian Bar Association(NBA), Ijebu Ode Branch has said the manner in which people conducted themselves during the governorship and House of Assembly elections was a testimony to the fact that Nigeria is on the path to true democracy.

    The branch’s chairman Otunba Oloruntobi Mamora stated this at the end of last Saturday’s polls.

    Mamora, who led a committee to monitor the election in Ijebu Ode, described the exercise as “free, fair and  credible”.

    He said the people were enthusiatix about what they wanted for the town.

    “The people showed that they are clear about how the next person gets into office and not much as to who is the person,” he said.

    The NBA chairman said he observed that the people of the ancient town were “patient” and determined to choose new representatives.

    “They defied the heavy rain and sun. In some areas, people provided tent, chairs and accommodated all parties,” he said.

    He said there was no violence that usually characterised past elections.

    Oloruntobi described the turn out as low in some areas and impressive in some wards.

    He observed that the turnout was, however, below what was recorded during presidential and National Assembly election.

  • Appeal court reserves judgment in property suit

    Appeal court reserves judgment in property suit

    The Court of Appeal, Abuja Division, has reserved judgment in a dispute over the ownership of a piece of land in Asokoro, Abuja.

    A Nigerian in the Diaspora, Mr. Imokhuede Ohikhuare, built two duplexes on the land, but a former Nigerian Envoy to South Africa, Ambassador Shehu Malami, claimed ownership.

    He claimed to have transferred the property to a businessman, Sir Emeka Offor.

    A three-man panel of Justices W. Akomolafe, Tanin Yusuf and Moh’d Yusuf reserved the case for judgment after hearing the parties.

    It is expected that the Appeal Court would deliver judgment on the appeal within two weeks as is the practice of the appellate court whenever it reserves judgment in matters before it.

    At the hearing of the matter on April 1, 2015 the Appeal Court justices confirmed the written briefs submitted to it on the matter and listened to oral arguments by counsel to the appellant, Mr. Paul Erokoro (SAN) and Mr Femi Falana (SAN) as well as the lawyer representing Ambassador Malami and Sir Offor – Chief Udenwa Udechukwu (SAN).

    The case, numbered CA/A/370/2012, has been before the Court of Appeal since 2012.

    Ohikhuare, a businessman and appellant in the matter, said he bought the land in 2006 for N50 million, and built residential apartments valued at about N1billion on the land.

    He said for four years, Malami and Offor did not lay claims to Plot 1809 Asokoro. He was living with his family in the property until he was allegedly ejected from it, on the strength of a verdict by Judge A.S. Umar of an Abuja High Court.

    In March 2010, Ambassador Malami filed a suit at an Abuja High Court before Judge A.S. Umar against the minister of the Federal Capital Territory (FCT), the Federal Capital Development Agency (FCDA) and a former Minister of Transport, Alhaji Mohammed Habib Aliyu, who sold the land to Ohikhuare.

    Ohikhuare only learnt of this suit as he was not joined in the matter by Malami even when it was apparent that Ohikhuare was in legitimate possession of Plot 1809, Asokoro. Consequently, Ohikhuare sought to be joined in the matter.

    Malami had claimed that the land was originally allotted to him in 1984, but was unlawfully revoked in October 2005 by the FCDA, which, thereafter, assigned Plot 1809 to Alhaji Aliyu, who eventually sold the land to Mr. Ohikhuare.

  • ‘Why accreditation, voting should be simultaneous’

    ‘Why accreditation, voting should be simultaneous’

    As chairman of the Nigerian Bar Association (NBA) Election Working Group, Dafe Akpedeye (SAN) carries a huge burden. The group is a 13-man committee set up to monitor elections, collate NBA branches’reports on polls, train lawyers for elections and liaise with other stakeholders, among others. Akpedeye tells JOSEPH JIBUEZE the group’s observations during the presidential and National Assembly elections, why there is need for electoral reforms and areas the Independent National Electoral Commission (INEC) should improve on.

    What is your assessment of the presidential election which you monitored?

    Prior to the election, there were fears of violence erupting during and after the polls. This was not the case. The elections were generally acclaimed to be peaceful, despite the initial glitches arising from the late arrival of INEC officials and materials and card reader malfunction. Nigerians turned out in their numbers and waited patiently to cast their votes.  Even in places where elections were postponed to Sunday, March 29, Nigerians still came out to cast their votes. I sincerely hope that the peaceful conduct exhibited by Nigerians will continue well into the post- election period.

     

    Were you impressed with INEC’s performance?

    INEC must be commended for a largely successful outing during the Presidential and National Assembly elections, despite the glitches with the card readers and the logistics arrangement. However, the Commission still needs to correct the challenges encountered with the card reader to ensure it does not recur in the gubernatorial and State Assembly elections of April 11, 2015.

     

    What were your observations on the arrival and handling of electoral materials?

    In a number of polling units visited in Abuja, INEC officials and materials arrived late. NBA observers in a number of states also reported that material and INEC officials arrived late at the polling units. Despite the late arrival of INEC officials and materials, voters could be seen in their numbers waiting patiently for the arrival of INEC officials. Whatever the reason for the lateness, the commission needs to ensure that arrangements are in place to prevent a reoccurrence during the gubernatorial and House of Assembly elections.

     

    Did the ad hoc staff meet your efficiency expectations?

    The INEC ad-hoc staff did not appear to be adequately trained for election. Some of them did not appear to have a working knowledge on the use of the card readers. In a number of places where the card readers were said to be faulty this was as a result of the adhoc staff not knowing how to use them. In some places the INEC ad-hoc staff failed to remove the protective film on the lens of the equipment making it difficult for the card readers to read the biometric data in the permanent voter cards presented by voters for scanning

     

    How do you compare this election with the previous ones you monitored?

    In spite of the challenges encountered with the introduction of the card readers which is to be expected with the introduction of new technology, the 2015 Presidential and National Assembly elections was a huge improvement when compared to the 2007 and 2011 elections. The elections was largely peaceful, there was reduced incidents of snatching of ballot boxes, unlike the 2011 election which saw widespread violence take place in the northern parts of the country following the elections.

     

    Do you think the card readers should have been tested in earlier elections?

    INEC introduced the use of the card readers for the 2015 General Elections.There were mixed reports on the performance of the card readers. In some areas the card readers performed well but in majority of the country they had various glitches and failed to perform. The card reader problems included flat batteries, wrong date program, biometric failure and inability of Electoral Officers (EOs) to properly operate them. INEC officials were responsive to complains when contacted and were able to rectify some of the problems. The events of last election prove that the card readers should have been tested in the earlier elections. This would have given the commission insight into the possible challenges that would arise from the use of the card readers.

     

    Some say it was a big risk to deploy card readers for the first time in this general election. Do you agree?

    Yes.Things could have gone horribly wrong. We received reports of polling units running out of incidence forms. While the card readers functioned smoothly at various voting centres, there were complaints from many others about slow or completely dysfunctional machines. The overwhelming nature of the problems associated with the card reader compelled INEC to issue a directive to all EOs to resort to manual accreditation when there was card reader malfunction. The issue of card reader failure amongst other things also resulted in the decision of INEC to postpone elections in some polling units to Sunday, March 29, 2015. Having said this, I do not think INEC should forego the use of the card readers to enhance elections, rather more efforts should be put into developing appropriate and dependable solutions to glitches that may arise

     

    What areas would you want improvements?

    INEC needs to work to improve on the deployment of materials. Also, adequate training should be given to the ad-hoc staff on the use of the card readers to avoid a reoccurrence.

     

    Were you impressed with the security agents?

    Reports we received attest to the fact that the security agents were well behaved. Security personnel arrived and were visible at the various polling units as early as 7.30am. Security was generally commendable. In most of the polling units, our team of observers recorded a minimum of five security agents comprising the police and civil defense in each polling units. The security personnel conducted themselves in a civil, unobtrusive and orderly manner.

     

    Do you think the presidential and National Assembly elections were credible, free and fair?

    Yes, I believe the elections were, to a great extent, free and fair. The 2015 Presidential Election was one of the most keenly contested elections in the history of Nigeria. In spite of the reports of pockets of violence and snatching of ballot boxes, Nigerians voted in their choice of candidates for the various elective positions.

     

    Do you think accreditation and voting should be done simultaneously to prevent having to queue twice?

    Accrediting and voting simultaneously will greatly shorten the time voters spend waiting after the accreditation before they can vote. If the logistics of how this will be done can be worked out, I think this will be good for our democracy. Nigerians will not have to spend the whole day on the queue to vote. After accreditation some voters go home to return at about 1pm when the voting will commence. More often than not, some voters do not return as they are too tired, having stood for hours under the sun to get accredited.

     

    Do you subscribe to the establishment of an electoral offences commission to deal with violations of the Electoral Act?

    The calls for the establishment of an Electoral Offences Commission are borne out of the need to see electoral offenders punished. Nigeria must begin to hold people accountable for crimes committed and punish those who commit electoral violence. In past elections, there were reports of electoral offences. In most cases, after the announcement of the arrest of suspected electoral offenders, there was hardly any information on what became of them. It is evident that none of the accused was ever prosecuted for the electoral offences let alone being convicted. In effect, these offenders soon find their way back to the polling centres each time elections are billed to take place in the country or in any state of the federation.

     

    Is Nigeria maturing as a democracy, or is there still a long way to go?

    The 2015 election could have become another nightmare for Nigeria, given the worsening security situation in the country. It was a truly remarkable thing to see an incumbent President gracefully concede defeat in an election. This act will ensure a smooth and successful transition of power. The success of the election proves that Nigeria is growing as a democracy and can do well in events of vital importance. It will also help improve the image of Nigeria in the eyes of the international community. President Goodluck Jonathan has shown himself to be a true statesman. Hopefully this will set an example for other African countries to emulate.

     

    Are there electoral reforms you would want the incoming government to implement?

    The need for electoral reform in the country has become absolutely necessary against the backdrop of election rigging, widespread rejection of declared results, as well as loss of lives and property.  More importantly, our electoral laws appear to be ill-equipped to adequately address these concerns.  We needs to put in place a democratic process that maintains accurate list of citizens who are eligible to vote and encourages every eligible voter to participate effectively in the process.  There is a need to improve the voting system and enhance ballot security. Most importantly, the political class must have respect for the rule of law while we must, as people reject the pervasive culture of corruption in our body polity and be prepared to hold our elected officers accountable for their actions.

     

    The electoral tribunals will soon get to work. What are your expectations of judges?

    The judges who will serve as chairmen and members of election petition tribunals for the 36 states and Abuja for the 2015 general elections have been chosen and sworn in. Nigerians expect them to live up to their oath of office. Adjudication on election petitions is regulated by statutory rules on time and since the panels do not have the luxury of time in the discharge of their duties, I advise that they consider all the evidence before them carefully and adjudicate swiftly and justly. Members of the tribunals have had the riot act read to them by the Chief Justice of Nigeria during their swearing in where he also sounded a note of warning to them to never again allow themselves to be used as tools to truncate democracy. He enjoined them to be dispensers of justice regardless of fear or favour, position or standing. This is what is expected of them.

     

    What reports did the NBA Voters Registration Complaint Centers receive?

    The NBA set up a Situation Room at the NBA National Secretariat for our observers and members of the pubic to call in and give on the spot account of happenings in their polling units. Reports received included the late arrival of INEC officials and materials, inadequate number of incidence forms, lack of result sheets and card reader malfunction.

     

    Are you impressed with the contribution of lawyers in the monitoring of the presidential election?

    The NBA observer group comprising the INEC accredited observers was on ground in the 36 states and the FCT.  Several NBA members, not necessarily the INEC accredited observers, also participated by reporting happenings in their respective polling units. I must commend lawyers for their support and cooperation. The reports we received from them formed the basis of the NBA interim and final post-election statements.

     

    From your meetings with traditional and religious leaders and other leaders of thought, do you think there is enough voter education?

    Reports from our observers in the field showed that there was not enough voter education carried out. Voters were largely ignorant about the voting procedure particularly with regards to the card readers. More work needs to be done by all concerned to ensure that voters are truly acquainted with the nuances of electioneering procedures.

     

    How does NBA intend to ensure that cases of electoral offences are prosecuted?

    The NBA is ready and willing to partner with INEC or the police in the prosecution of electoral offenders. We have offered to INEC pro-bono services to actualise this extra-ordinary gesture. We await their response and expect INEC to work out the modalities for the prosecution.

  • Polls: How CJN averted crisis

    Polls: How CJN averted crisis

    Before the March 28 election, some suits were filed to challenge the eligibility of Gen Muhammadu Buhari to contest the poll. There were fears that the courts may disqualify him. But Chief Justice of Nigeria (CJN) Mahmud Mohammed’s warnings to judges not to be used to scuttle the election seem to have paid off. JOSEPH JIBUEZE reviews some of the cases that could have truncated the election.

    Months before the March 28 presidential election, the Peoples Democratic Party (PDP) made an issue of Gen Muhammadu Buhari’s certificate. At every opportunity, the party’s leaders accused him of lying on oath that he had a school certificate.

    They contested Buhari’s claim that he obtained his school certificate from the Provincial Secondary School, Katsina, which he attended some prominent Nigerians, such as the late Gen Shehu Yar’Adua and a former Court of Appeal president Justice Umaru Abdullahi.

    The president-elect said he sat for the University of Cambridge/WASC Examination in 1961, citing his examination number as 8280002. He said he made Second Division.

    A copy of the result was released by the school, but the PDP said it was forged. At least 10 suits were filed seeking to disqualify Buhari, heightening tension. There were fears of huge crisis if Buhari is disqualified.

    To maintain the judiciary’s sanctity, the Chief Justice of Nigeria (CJN) Mahmud Mohammed warned judges against subverting justice for percuniary benefits. He urged them to remember their oath in the discharge of their duties.

    The CJN first gave the warning last December at the yearly conference of Court of Appeal justices, where he said: “It is most regrettable and worrisome to hear members of the public increasingly criticise judicial officers for playing into the hands of politicians. All too often, these very close critics create unfortunate perceptions and connotations, as insinuations are readily drawn from them.

    “It is immaterial whether or not this assessment is fair, for as judges we must be seen to rise above the tide of systemic corruption and other unfortunate afflictions that have become commonplace in Nigeria today…

    “I must, therefore, implore all judges to remember that as next year is an election year, we need to be more dedicated and alive to our duties, shun unnecessary delays in the dispensation of justice and reject every illicit approach to compromise our collective integrity. It must also be remembered that every infraction of the law by any judicial officer may subject the entire judiciary to public accusation.

    “I advise that justices should shun such acts and decisions that will cause our courts to fall into disrepute and public ridicule. I must also remind you that it is only when we act with a clear, free conscience that the judiciary will retain its integrity and independence.”

    The CJN restated the warning while inaugurating 242 election petition tribunal judges that will handle disputes emanating from the general elections.

    “Let me use this opportunity to sound a note of warning to all judicial officers. Do not allow any political party or politician to compromise your integrity or your future. We must never again be used as tools to truncate our nation’s democracy,” the CJN said.

    To further hammer home his point, Justice Mohammed repeated the warning last week at the swearing-in of Justice Ishaq Bello as the Acting Chief Judge of the High Court of the Federal Capital Territory.

    He said the leadership of the judiciary was aware of plans by some “unpatriotic citizens” to use the courts to stop the electoral process, warning judges not to yield themselves as tools to desperate politicians.

    “Permit me to use this opportunity to again assure all Nigerians that, under my leadership, the judiciary remains resolute and committed to doing its constitutional duty during this election period. We will not be swayed or distracted from the course of justice in any election matter that is before or comes before the justice system.

    “We are aware that some unpatriotic citizens may wish to use the courts to stop the electoral process, and I wish to warn in clear terms that we shall not be used as a tool for the breakdown of law and order in our beloved country,” the CJN said.

     

    The anti-PVC/card reader suits

    Judges played a key role in ensuring that the March 28 election held. For one, they were not stampeded into delivering a verdict in any of the suits that could have affected the poll.

    At least four suits were filed at the Federal High Court Abuja and one in Lagos challenging the use of card readers and use of the Permanent Voter Cards for the conduct of the forthcoming polls.

    The plaintiffs in one of the suits sought for, among other prayers, the postponement of the elections “until the Permanent Voter Cards are made available to the plaintiffs.”

    The other suit is praying for an order restraining INEC from using card readers and an order mandating it to allow “every willing Nigerian who has any voter card issued by INEC to vote at the general elections.”

    The anti-PVC suit, numbered FHC/ABJ/CS/06/2015, was filed by a group, Society for Advancement Protection of Public Rights. The matter is before Justice Gabriel Kolawole of the Federal High Court, Abuja.

    Another suit filed before Justice Evoh Chukwu of the Federal High Court in Abuja is seeking to stop the use of the PVCs on the grounds that allowing it could amount to disenfranchisement of a lot of eligible voters.

    The suit was filed by the Attorney General of Plateau State; its Speaker Titus Alams, and the chairmen of the 17 local government areas.

    Other plaintiffs are Chairman of the Plateau State Council of Traditional Rulers, Gbong Gwom Jos, Da Gyang Buba; and former Chief of Defence Staff, Gen. Domkat Bali, who is the traditional ruler of the Tarok People in Langtang.

    Four political parties – the United Democratic Party, Action Alliance, Allied Congress Party of Nigeria and Alliance for Democracy – also filed an anti-PVC suit, saying the majority of their members were yet to get their PVCs.

    A PDP chief, Waliu Taiwo, in suit at the Federal High Court in Lagos, is seeking an order restraining the commission from using the card readers during the polls.

    The plaintiff claims that INEC’s guidelines which stipulate the use of card readers is unconstitutional and should be nullified.

    According to him, this is “the first time anywhere in the world where a device such as the Card Reader as proposed to be used by INEC would be used to the effect that it supercedes the content of the register of voters properly compiled by the electoral body”.

    Three lawyers, led by Chijioke Emeka, also sued INEC at the Federal High Court in Lagos, seeking a declaration their civil and legal rights would be breached if INEC does not issue them their PVC.

    The plaintiffs told Justice Ibrahim Buba that they were told that their data wiped off from INEC’s system after they registered and therefore there was no PVC for them. Among others, they are praying for an order directing INEC to issue them their PVCs or make other alternative arrangements to enable them vote.

     

    The anti-Buhari suits

    Between January 26 and middle of February, at least 10 cases were filed seeking Buhari’s disqualification over his alleged inability to submit evidence of his academic qualifications to INEC.

    Within the same period, two cases were filed against President Goodluck Jonathan’s eligibility to seek re-election. Two others seeking the same prayers are pending before the Court of Appeal in Abuja and may have become academic, Jonathan having lost the election.

    Ahead of the case against Buhari, the APC warned against any orchestrated and last-minute disqualification its presidential candidate, saying: “If it is true, as it is being widely speculated across the country, that the Jonathan administration has procured a judgment to disqualify the APC presidential candidate when the Federal High Court in Abuja is expected to rule on the issue, then it portends a great danger for the nation.”

    The party said in addition to other reasons, the six-week postponement of the elections might have been used by those who never wanted the polls to hold to shop for such a “satanic judgment.”

    “This is why we are hoping that good reason will prevail and nothing will be done, deliberately, to plunge Nigeria into crisis by the same people who have always been quick to say their political ambition is not worth the blood of any Nigerian,” the party had said.

    All eyes were, therefore, on the court. Would Buhari be disqualified? Rather than deliver any verdict on the case, Justice Adeniyi Ademola adjourned it till April 22 and 23.

    The judge, after fixing the new dates, explained that his decision because of the court’s impending Easter holiday and judges’ conference that would follow. He fixed the new dates without entertaining suggestions from lawyers to the parties. Tension was calmed.

    The plaintiffs in the three suits want the court to declare Buhari ineligible to contest in the election on the basis of his alleged failure to submit his certificate of academic qualifications along with his Form CF001 to INEC.

    The plaintiffs claim that Buhari’s failure to submit his certificate contravened provisions of sections 131 and 318 of the 1999 Constitution and section 31(3) of the Electoral Act, 2010.

    With three of the suits earlier struck, there are now three pending suits challenging Buhari’s eligibility.

    The judge fixed the new dates after he dismissed separate applications by Chukwuma Ochu and Ebun-Olu Adegboruwa seeking to be joined as defendants in the suit filed by Chukwunweike Okafor, describing them as “busy bodies and meddlesome interlopers”.

    Buhari, APC and INEC are the defendants in the suit and the other pending ones.

    The court had earlier struck out three of such suits, one of which was filed by Ayakeme Whiskey (FHC/ABJ/CS/68/15); and the two others by Friday Ojelaro (FHC/ABJ/CS/20/15 and FHC/ABJ/CS/3/2015). The three suits were struck out because they were mere replica of one another.

    The suits that were adjourned till April 22 are the ones filed by Okafor, Ayakeme Whiskey (FHC/ABJ/CS/68/15) and Max Ozoaka (FHC/ABJ/CS/14/15).

     

    Suits seeking ‘inclusion’ in polls

    In Lagos, Justice Okon Abang refused to compel INEC to include the Unity Party of Nigeria (UPN) in the elections. UPN is praying the court to order INEC to list its candidates for the elections.

    The judge held that since INEC had printed and distributed electoral materials, it could not be compelled to destroy them and print new ones. This, the judge said, was because UPN filed its suit on February 25 after the postponement of the initial February 14 presidential election.

    He said the suit came up for hearing on March 6, a period of 21 days to the rescheduled presidential election.

    “The applicant (UPN) cannot create problems for this court and indeed the entire country. The court cannot command the impossible. The plaintiffs cannot file this suit 21 days to the election and expect that it must be heard and judgment delivered before the election.

    “Even though the plaintiffs have no claim against the APC, the outcome of this suit will affect the party because it is about an election, which the party is participating. This is a pre-election matter and it can be heard after the election,” Justice Abang ruled.

    The judge then ordered that APC and Buhari should be joined as second and third defendants and adjourned till May 6 for hearing.

    Another suit that created some tension was the one by Young Democratic Party (YDP). Justice Ahmed Mohammed of the Federal Capital Territory High Court in Apo, Abuja ordered the party’s officials to address a press conference and retract the misrepresentation of his judgment delivered on March 4.

    The court had ordered INEC register YDP as a political party but the party officials had claimed that the court also ordered that the party should be allowed to participate in the forthcoming elections or the polls be postponed.

    Justice Mohammed, who also ordered the party officials to file an affidavit of compliance, threatened to jail them if they failed to carry out his directives.

    The judge had, on March 12, when INEC’s application for stay of execution of the judgment was slated for hearing, summoned the party officials to appear in court to explain how they came about the court pronouncement ordering their inclusion in the polls.

    Justice Mohammed, in a bench ruling after listening to the party’s counsel, Kelvin Nwofo (SAN), and INEC’s lawyer, Mr. Wole Balogun, held that a case of contempt had been established against the party officials from the two affidavits filed by them.

    He, however, held that because the court was not out to unnecessarily join issues with anybody and that in view of plea for mercy by the party’s lawyer, he would “reluctantly temper justice with mercy”.

    The judge said: “It is clear that the court did not order to include them in the ballot papers or to shift the elections.” Besides, YDP did not ask for inclusion in the polls in its amended originating summons dated December 2, 2014.

    While some of the cases may become academic, a lawyer in one of the cases, Chief Mike Ozekhome (SAN), was quoted to have warned Buhari’s supporters against celebrating prematurely.

    He said the High Court could overturn the presidential election if it finds that Buhari lacked the requisite qualifications.

    “In the event, for example, Buhari wins the election, all it simply means is that when eventually we finish this case and the court finds that he was not qualified … the court will simply dethrone him,” Ozekhome told reporters.

    Buhari’s lawyer, Akin Olujinmi, said he was “absolutely happy” with the court’s decision as it removed the air of “uncertainty and pressure on INEC …”

  • Lawyers set agenda for Buhari, Osinbajo

    Lawyers set agenda for Buhari, Osinbajo

    As Nigerians await the May 29 inauguration of the President-elect Gen. Muhammadu Buhari, lawyers have set agenda for the incoming administration. Among them are the overhaul of the judicial system, strengthening of anti-corruption agencies, building of collapsed infrastructure and respect for the rule of law. Legal Editor JOHN AUSTIN UNACHUKWU reports

    SOME senior lawyers have urged the president-elect Gen Muhammadu Buhari and the vice-president-elect Prof Yemi Osinbajo (SAN) to respect the rule of law, overhaul the judicial system and reorganise and strengthen the security agencies to make them effective.

    The lawyers spoke in separate interviews with The Nation. A former Commonwealth Lawyers Association (CLA) president Mrs Boma Ozobia said incoming administration should keep its campaigning promises.

    “That necessarily implies justice for all, not just those who can pay for good legal representation. Our prisons and police cells are clogged with innocent citizens of this country. The criminal justice system needs a total overhaul to deal with this shameful state of affairs and with a Professor of law and Senior Advocate of Nigeria as the Vice President-elect, I sincerely hope the much needed surgery will be performed under his watch. The magistrate courts are in the frontline and require much support to function optimally.

    “Also, we must revisit the issue of community policing as an essential element of criminal justice reform. Sadly, this has been unduly politicised but we cannot shy away from it. As the saying goes, you cannot make an omelette without breaking eggs. Finally, in reforming the system, I would hope that the focus would be on restorative justice where possible.”

    A former Nigerian Bar Association (NBA) First Vice-President Mrs. Funke Adekoya (SAN) said she expects a change of focus from the new administrations.

    She wants them to focus on ensuring that the people’s hopes of new beginnings are not dashed.

    Adekoya said: “The new government must ensure that capable and credible leadership is put in place at all levels with a focus on building processes and strengthening the institutions of government.The Buhari/Osinbajo ticket is a ticket based on integrity, personal credibility and a record of performance – this has to be replicated at all levels of government.

    “There is no point complaining if nothing happens. The Public Complaints Commission should be strengthened through effective leadership and its powers as a dispute resolver enhanced so that it can effectively provide an outlet to the many complaints about abuse of power, high handedness and sexual harassment resonating within the public service.

    “Allegations of corruption need to be speedily and impartiality investigated, and where a case is made, it needs to be speedily prosecuted. In-house capacity building in the Federal Ministry of Justice, the EFCC and all other prosecuting arms should be a major focus of the incoming administration.’’

    On judicial reform, she said: “Justice delayed is justice denied. The wheels of justice at every level, from the Magistrates Court to the Supreme Court, are turning too slowly. The government needs to change this. Not all cases should go to the Supreme Court; only cases that have constitutional, policy or change of law significance should have access. Constitutional cases should go by right; all other cases should be by leave of the Supreme Court. There should no oral hearing for the leave application. As a general rule, the Court of Appeal should be the last court for most matters. Having three levels of appeal allows for the appointment of less than competent Judges to the Court of Appeal, since there is still a further appeal from their decisions.”

    A former NBA General Secretary Deacon Dele Adesina (SAN) believes the new administration would be “a great time for Nigeria”.

    He said: “Hope is renewed for a better future socially, politically and economically both for individuals and also the country as a nation. This election and, more particularly, the post-election development represents a testimony of Nigeria’s greatness at least potentially. We can now begin not only to boast of practical democracy  in Nigeria, but also boast that our democracy is beginning to produce verifiable democrats.

    “In real democracy, sovereignty resides with the people from whom power flows. The election has demonstrated this in clear terms. Again, democrats must accept the will of the people as revealed by their choice. This also we have seen in real sence.The encomius that have been coming from the world leaders and international community attest to Nigeria’s greatness.

    “In the euphoria of the moment however, we must accept that there is work to be done by the incoming leaders. There is the  need to capitalise on this success to renew a real sense of patriotism and promote unity among Nigerians. Nation building is a continuous process. I recognise that there will be an understandable pressure on the new leaders to deliver on their promises. The expectation is indeed very high.

    “Luckily, both the President elect and the Vice President elect have  well-acknowledged pedigrees for performance, they can therefore not afford to fail.

    “With regards to justice sector, there is  a lot to be done both in our civil and criminal justice systems. Delay is still rampant. Congestion is  still noticeable.The judiciary must undergo a fundamental constitutional reform to address part of the challenges facing it. The truth is that most of the problems are inherently systemic. Nigeria must practice true federalism in the judiciary. For instance, the States must have their own Courts of Appeal and Supreme Court.

    “Again, with the Vice President, an accomplished legal practitioner, l expect the judiciary to improve, rule of law and social justice to enjoy  conspicuous patronage and position in the days ahead,”  Adesina said.

    A former Lagos State Attorney-General and Commissioner for Justice and Osinbajo’s successor, Olasupo Shasore (SAN), said the Buhari/Osinbajo team at national leadership is truly a blessing.

    “This is because I’m aware that Nigerians can expect strong committed vision, experience and fairness; uniting policies, reform and modernisation of the idea of Nigeria. The Vice President-elect being a Senior Advocate of Nigeria and a former distinguished Attorney-General in no less a place than Lagos State, will commit the nation to strong adherence to rule of law.

    “Unknown to many, adherence to the rule of law is not a mere gimmick or political slogan; studies show that rule of law/governance is responsible for over 60 per cent of positive national economic performance. Therefore, the wealth of a nation is in its intangible capital – human resources and strong institutions – particularly the justice sector.

    “I expect and will encourage them and their team to focus on the constitutional, legislative and human obstacles to beneficial justice sector performance. To devolve prosecution, law enforcement and prison authority to concurrent jurisdiction with states in order to tackle awaiting trial and public confidence; for the first time to articulate a National Justice (including judicial) sector policy document; to remove the constitutional inordinate right of appeal; appoint quality appellate judges from the bar; regulate law reporting; introduce investigative/arrest powers to the office public prosecution.

    “We must actualise devolution of power in a way that allows Nigeria to operate optimally. Our dear Prof Osinbajo is well aware of those federal encroachments that must now be removed. Lagos State must be given its due attention not for parochial purposes but because high economic performance in Lagos is a national asset. We look forward to success,” Shasore said.

    Chief Emeka Ngige (SAN) said: “With the presence of Prof. Osinbajo as the Vice-President in the incoming administration, I expect the replication of Lagos Model with modifications in the justice administration of the incoming administration.

    “In addition, I expect the Government to tackle the following issues: Collaborating with the stakeholders in resolving the impasse between Judiciary Staff Union of Nigeria (JUSUN) and some governors on the issue of financial autonomy of state Judiciaries.  They should collaborate with heads of courts in finding solutions to the causes of delay in the administration of justice, particularly criminal matters.

    “The government should ensure   the swift passage of all Justice Sector Bills in the National Assembly particularly the Legal Practitioners (Amendment) Bill, collaborate  with all heads of courts in the establishment of Anti-Corruption Units in Court premises to ensure that the fight against corruption in the judiciary is brought to the grassroots level.

    “I expect a comprehensive reorganisation of the anti-corruption agencies to ensure that their mandates are realised.

    “The administration should also collaborate with the  heads of courts in reforming the process of appointment of judicial officers and  their elevation to the appellate courts with the purpose of making the process transparent and bringing the right calibre of persons particularly from the private Bar to the  appellate Bench and the  resolution of the logjam in the Rivers State judiciary to ensure that an acceptable head of court emerges and the doors of the court thrown open for judicial administration.

    “Strengthening the National Human Rights Commission(NHRC) by giving it adequate funding and manpower  to execute its functions, reorganisation of Legal Aid Council to ensure that its objectives are fully realised, comprehensive reform of many of our laws to bring them up to date  and plug the various lacunae in them, amendments of some provisions  the 1999 Constitution of the Federal Republic of Nigeria to reflect the yearnings  and aspirations of Nigerian people,  collaborating with the Independent National Electoral Commission (INEC) in comprehensively  reforming the provisions of the Electoral Act, 2010 to ensure that free and fair elections are conducted and that the mechanism for redress is fair and just to the litigants.

    “Finally, finding solutions to the nagging issue of unemployment among junior lawyers, resolving the issue of welfare package for our judicial officers and state Counsel at federal level and esolving the huge debt portfolio of Federal Ministry of Justice,” Ngige added.

    Dr. Dorn cklaimz Enamhe said: “The combination of Gen Buhari and Prof. Osinbajo is definitely a great one for two people who attained the heights of their respective careers and have been duly elected to now serve their country.

    “I really see the dawn of a new era. I see the hand of God. I see a balanced government. Above all, I see them learning from the outgoing government very quickly, knowing full well that they are holding the peoples’ mandate in trust, being that the people can make a whole world of difference anytime they get to the polls.

    “On judicial reforms, the  law will take centre stage because both men are men of strong character. I see electoral offenders getting speedy justice so that they can use them to set standard for others  to follow. The justice system should be strong, independent and assertive.”

  • Court orders EFCC to produce detainee

    Court orders EFCC to produce detainee

    Justice Okon Abang of the Federal High Court in Lagos has ordered the Economic and Financial Crimes Commission (EFCC)  to produce a detainee, Mr Uwem Antia, before him on April 16 when he will hear his suit seeking to enforce his fundamental rights.

    Antia and Alhaji Suleiman Yerima were arrested, following a petition against them alleging financial impropriety. They filed separate suits against EFCC, both before Justice Abang, challenging their arrest and detention.

    Parties in Yerima’s suit have argued the case, while Justice Abang will deliver his verdict on April 14.

    Antia, through his lawyer Mr Kabir Akingbolu, is seeking a declaration that his arrest and continued detention at EFCC’s Ikoyi office since March 3 without being charged to court is unconstitutional and violates his right to dignity and human liberty.

    He is praying for an order restraining the commission from torturing, humiliating or subjecting him to “inhuman and degrading treatment in order to achieve their ulterior motives.”

    Antia is seeking an order directing EFCC to release him unconditionally without further delay or charge him to court if there is any complaint against him. He is also demanding N100million as exemplary damages from the commission for allegedly violating his rights.

    Akingbolu said since his client was arrested, his relations, including wife and lawyers, were not allowed free access to him.

    Yerima, through his lawyer Mr Ali Adah, is seeking an order restraining EFCC or its officers from harassing, extorting and intimidating him or any of his friends and family members by indiscriminate arrest or re-arrest and detention without preferring any reasonable charge against him.

    He is also praying for an order of perpetual injunction restraining EFCC “from transferring or referring the applicant to the AIG Zone II Onikan Lagos, the Commissioner of Police Lagos State, SP Abba Kyari-O/C SARS Ikeja Lagos or any of their agents, privies, and or servants for the purpose of torture, further unlawful incarceration on this same case which the respondent is currently investigating.”

    Yerima wants the court to hold that his arrest and continued incarceration since March 3 without trial is unconstitutional.

    Adah is also praying for N100million as compensation to the applicant, as well as public apology by EFCC to be published in two widely read national dailies.

    Akingbolu said he requested for Antia’s bail but was refused. According to him EFCC officials insisted he must refund the money involved. He said on March 5, EFCC asked Antia to fill an assets declaration form, but when he refused, the officials vowed to “deal with him.”

    “True to the respondent’s threat, they brought a group of cameramen and photographer to come and snap them as criminals…,” the lawyer said.

    But EFCC, in a counter affidavit, denied the allegation. It said it received a criminal petition against Antia that he fraudulently obtained N672,750,000 from the petitioner. It said the applicant admitted receiving the sum from the petitioner in exchange for dollars.

    “The applicant did claim to have been given the dollar equivalent by Suleiman Yerima for onward payment to the petitioner…It was discovered that only $1,000,000 was paid to the petitioner out of $3,250,000 which is the dollar equivalent of the naira value paid to the applicant at the agreed exchange rate,” EFCC said.

    The commission said it served Antia with his bail terms, but he allegedly refused to meet them, instead demanding to be released unconditionally, following which it obtained a pre-detention order from the Magistrate’s Court on March 12 allowing it to remand the applicant till April 16.

    EFCC denied bringing photographers to snap Antia, urging the court to dismiss the case.

  • Beyond 2015 General elections: Delivering election promises

    Beyond 2015 General elections: Delivering election promises

    Although provisions were made for the costs of production and distribution of the Permanent Voters Cards and card readers in the Appropriation Bill of 2014 approved by the PDP dominated National Assembly and signed into law by President Goodluck Jonathan the ruling party has challenged INEC for insist on using them. Since the INEC Chairman, Prof Attahiru Jega has decided to follow the law on the use of the PVCs and the card readers the campaign for his removal has been intensified. A few days ago, the campaign was taken to a ridiculous extent when some ethnic groups which had won some juicy pipeline monitoring contracts from the Federal Government, caused their members to stage violent protests in some cities. Accompanied by the anti-robbery squads of military and police personnel the protesters brandished guns and machetes and threatened to make the country ungovernable if Jega is allowed to conduct the elections.

    Convinced that the removal of the INEC boss is not likely to be endorsed by the Senate as required by section 157 of the Constitution there are speculations that he may be sent on terminal leave, any moment from now. As I had argued elsewhere, “By the provisions of the Universities Miscellaneous Act the retirement age of university professors is 70 years. Since Professor Jega is 58 he would not retire from the public service until he attains the age of 70 in 2027. In the conditions of service of university staff there is no provision for pre-retirement leave but sabbatical leave, leave of absence, annual leave, casual leave, vacation leave and maternity leave (for female lecturers). As a public officer cannot go on pre-retirement leave twice it will be absurd to ask Jega go on terminal leave as INEC chairman in 2015 and then as a retiring professor in 2027”.

    Unknown to the majority of the Nigerians including registered voters, not less than 14 political parties are participating in the forthcoming general election. But attention has been concentrated on the candidates of the Peoples Democratic Party (PDP) and the All Progressive Congress (APC) in spite of the relevant provisions of the Electoral Act which require the public media to give equal prominence to all political parties and candidates. The media have thrown caution to the winds by colluding with certain politicians to divert attention from the crises of youth unemployment, infrastructural decay, insecurity, corruption, currency devaluation etc. Thus, by giving undue prominence to the campaign of calumny and character assassination embarked upon by some politicians the media have denied the Nigerian people the opportunity to make informed decisions on the candidates of their choice. All the same, the campaign has centred essentially on corruption, insecurity and unemployment.

     

    The anti-corruption crusade

    As far as President Jonathan is concerned, corruption should be fought with technology as he does not believe in jailing corrupt people. On his own part the candidate of the APC, General Muhammadu Buhari has undertaken to declare his assets, grant autonomy to anti-graft agencies and set up an anti-corruption court. Although these palliative measures cannot seriously addressed the menace of corruption in a poverty stricken environment it is necessary to examine them. In demonstrating his commitment to the fight against corruption with technology President Jonathan should collaborate with the INEC in ensuring that ghost voters are eliminated through the use of PVCs and card readers in the 2015 general election.

    On the creation of a new court being advocated by General Buhari to fight corruption it should be pointed out that the Code of Conduct Tribunal is actually an anti-corruption court. But it has been underutilised in the fight against corruption. Unlike the regular courts, the Tribunal has the power to order a vacation of office or seat in any legislative house, forfeiture of ill-gotten wealth and impose a ban on public officers from participating in politics for a period not exceeding 10years.

    Any person convicted by the Tribunal is not entitled to any pardon under the prerogative of mercy provisions in the Constitution. However, to function effectively, the National Assembly ought to amend the establishing the Tribunal to clothe it with criminal jurisdiction in the area of economic and financial crimes including official corruption.

    However, the government cannot wage a meaningful battle against corruption without addressing the root cause of the menace. The capitalist system is based on ruthless exploitation, corrupt practices and fraudulent enrichment of the ruling class at the expense of the actual producers of the wealth of a nation. Through the imperialist domination of the economy and gross mismanagement by the local ruling elite, billions of dollars are taken out of Nigeria through capital flight. Thus, imperialism and its local lackeys have cornered the common wealth contrary to section 16(3)(c) of the Constitution which stipulates that the economic system shall not be operated in such a manner “as to permit the concentration of wealth or the means of production and exchange in the hands of a few individuals or a group”. To curb corruption therefore the government has to muster the political will to control the economy in the interest of the people and then proceed to arrest and prosecute individuals and corporate bodies that engage in corruption and allied criminal offences.

     

    The war on terror

    With the support of the multinational force drawn from neighboring countries the Nigerian armed forces have carried out successful operations against the satanic Boko Haram sect in the last few weeks. In the process, the terrorists have been dislodged from many of the towns and villages in the north east region illegally seized and occupied by them since last year. Although

    the war on terror has not been fully won the armed forces and the federal government deserve commendation for the success recorded so far in the task of restoring the territorial integrity of the country. With the recent acquisition of vital weapons for the armed forces by the Federal Government it is undoubtedly clear that the troops have been mobilised and motivated to discharge the constitutional duty of defending Nigeria from the forces of internal insurrection and external aggression.

    In view of the disclosure by the Federal Government that it has just acquired adequate equipment for the armed forces and invited foreign instructors to train the soldiers on the use of such equipment the officers and soldiers who had consistently demanded for weapons to fight the war have been vindicated. Therefore, the military authorities ought to discontinue the ongoing trial of officers and soldiers by the General Court-Martial sitting in Lagos and set free the 70 soldiers who were convicted and sentenced to death for mutiny by two courts-martial which sat in Abuja last year. Since the alleged offence of mutiny arose from the legitimate demand of the convicted

    soldiers for adequate weapons to fight the rag tag army of the Boko Haram sect their conviction and sentence can no longer be justified.

    As the area annexed from Nigeria is being liberated by the armed forces the terrorists have resorted to bombing of markets in the other parts of the North. While the onslaught against the terrorists continues the Federal Government should be prepared to implement the recommendations of the Ambassador Usman Gilmatiri presidential panel on insurgency in the Northeast region. In addition to the joint military operations with the armed forces of the neighbouring countries the Federal Government should embark on special programme to address the problems of child education and youth unemployment in the north east region. Since the police and the armed forces are constitutionally charged with the responsibilities of maintaining law and order and defending the territorial integrity of the nation the award of contracts to militias for monitoring pipelines and policing the country’s territorial waters is illegal and unconstitutional.

     

    Provision of Social Welfare

    No doubt, there is no ideological difference between the two leading political parties in the country. As unapologetic defenders of the capitalist system they cannot see any basis for confronting imperialism for the destruction of the economy of the country. Although both parties are committed to the status quo they are prepared to grant some concessions in the area of social welfare. At one of the PDP rallies the Finance Minister and Coordinating Minister of the economy, Dr. Mrs Ngozi Okonjo-Iweala claimed that the Federal Government had employed two million people in the last three years. Since that figure translates to about 54,000 employees per state, including the FCT, the Minister should be made to provide details of the newly recruited staff. Although the number of job losses within the period have not been collated the Minister should ensure that fund saved from the removal of not less than 100,000 ghost workers from the payroll of the Federal Government is invested in job creation.

    The APC has undertaken to fund an effective social welfare for the vulnerable segment of the society. In particular, it has promised to pay N5,000 to the 25 million poorest citizens per month. The PDP has countered by saying that there is no fund for such ambitious programme. Although the APC has not joined issues with the PDP on the matter it is pertinent to state that there are sufficient funds to provide social security for the Nigerian people beyond the tokenistic offer of N5,000. In the management of the economy the system has continued to provide ‘intervention funds’ for members of the comprador class.

  • African Bar to partner states on good governance, others

    African Bar to partner states on good governance, others

    The African Bar Association (AFBA) will partner with heads of government in Africa to enthrone good governance, its President, Hannnibal Uwaifo,  has said.

    He stated this in a message on the last elections.

    He praised Nigerians for ensuring credible election that led to the emergence of General Muhammadu Buhari and Prof Yemi Osinbajo (SAN).

    He said: “The demonstration and steadfastness and love for fatherland displayed by Nigerians has now put Nigeria and indeed Africa on the threshold of democratic  culture. Indeed, Nigeria now truly represents the touch for Africa and growing democracies across the world.’’

    The AFBA chief argued that the concession of victory and the congratulatory message by President Goodluck Jonathan to the President-elect, Major-General Buhari even  before the final votes were counted “speaks volume of the content of the  character of President Jonathan”.

    “While we congratulate General Buhari on this well deserved victory, we urged him to live true to his character, ‘’’ it stated.

    AFBA suggested eight-point agenda to the President-elect upon assuming duty next  month.

    It urged the in-coming government to deal with corruption, stressing that there should be a code of conduct for public officers.

    It said the rule of law must be adhered to and extra-judicial activities of all security agencies must be checked and punished where it occurred in the new government.

    According to AFBA, the independence of the judiciary of the judiciary must be ensured and wrong doings promptly investigated and punished.

    He suggested that official salaries of political office holders be set to reflect the lean purse of the country and to make more finances available for social services, adding that deliberate welfare policies must be put in place as a priority to cater for the vulnerable and less endowed in Nigeria.

    AFBA advised that the rate of unemployment among youths must be tackled decisively, adding that government and social services must be also be improved upon for the betterment of the country.

    While advocating a robust foreign policies for the country and greater move towards African integration, AFBA canvassed  for the encouragement of a free enterprise through deliberate government policies and programmes especially in Agriculture technology and small and medium scale businesses.