The Nation Newspaper

Category: Law

  • State electoral commissions must be properly constituted

    No person shall be qualified for appointment as a member of any of the bodies aforesaid if (a) he is not qualified or if he is disqualified for election as a member of a House of Assembly…

    Item 21of the First Alteration Act No 1 of 2010 provides:

    “Section 200(1) (a), line 2 of the Principal Act is altered, by inserting immediately after the word Assembly” the words, “provided that a member of any of the said bodies shall not be required to belong to a political party and in the case of the State Independent Electoral Commission, he shall not be a member of a political party”

    With effect from the commencement of the amendment to the Constitution of the Federal Republic of Nigeria (First Alteration) Act No 1 2010, section 200(1) now reads:

    “No person shall be qualified for appointment as a member of any of the bodies aforesaid if (a) he is not qualified or if he is disqualified for election as a member of a House of Assembly provided that a member of any of the said bodies shall not be required to belong to a political party and in the case of the State Independent Electoral Commission, he shall not be a member of a political party (Underlining mine for emphasis)

    The question that arises here is what is the true meaning of this provision?

    60. In PDP V. INEC, (1999) 11NWLRP (Pt 626) 200, the Supreme Court dealt with the approach to be adopted in the interpretation of statutory provisions which is the same as interpretation of constitutional provisions. It gave its approval to an approach which seeks to ascertain the legislative intent of the law makers. The apex court declared:

    “The current approach in construing statutory provisions requires judges to ascertain the legislative intent of the law makers, a task somewhat akin to pinpointing the intent of a testator or disputing parties to a contract. It is the modern view that proper judicial construction of statutory provisions requires recognition and implementation of the underlying legislative purpose” (Wali J.SC at pp 248 – 249)

    The essence of this approach is obviously, to maintain and sustain the fabrics of constitutionalism and constitutionality (see INEC v. BalarabeMusa (2003) 3 NWLR (Pt. 806) 72.

    61. But then, how does court discover the intention of the law makers? Again, the Supreme Court gave a guide in Ishola v. Ajiboye (1994) 6NWLR (Pt 352) 506 where the court statedthat in construing a Constitution some meaning or effect should be given to all the words or language used therein if it is possible to do so in conformity with the intention of the framers. If the language used is clear and unambiguous, its meaning and intent are to be ascertained from the instrument itself by construing the language as it is written. Unless the context suggests otherwise, words are to be given their natural, obvious or ordinary meaning.

    62. It is also recognised that one of the most useful guides to interpretation is the application of mischief rule which considers the State of law before enactment, the defect which the legislation sets out to remedy or/and prevent, the remedy adopted by the legislature to cure the mischief and the true reasons of the remedy. The duty of the court therefore is to adopt such interpretation that will enable the suppression of the mischief and promote the remedy within the true intent in the legislation (See Ifezue v. Mbadugha&Anor (1984) 5SC 79.

    63. In attempting to interpret the provisions of the Section 200(1) of the constitution (as amended), I am being properly guided by the principles of interpretation enunciated above.

    64. The provision of section 200(1) of the Constitution (as amended) quoted above clearly bars or excludes a member of a political party from membership of a State Independent Electoral Commission. The amendment changed the old order where it was possible for members of a political party to populate or constitute a State Independent Electoral Commission. The amendment of section 200(1) of the Constitution, in my view, reveals a determination on the part of the Legislature to ensure that membership of a State Independent Electoral Commission consists of persons that are politically neutral who will discharge the responsibilities of organizing, undertaking , and supervising all elections to local government councils within the state with transparency, thereby securing the confidence of not just the political parties involved in such elections but also that of the general public. To construe the provision of Section 200(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) otherwise would be contrary to the letter and spirit of the constitution.

    Issue No 2. Are the 4th – 8th Defendant Members of the 9th Defendant?

    65. The evidence of the claimant’s witness on this relates issues to the 4th and 5th defendants. Facts were pleaded in paragraphs 17, 18, 19 and 20, specifically alleging that the 6th and 7th defendants. However, in his oral evidence before the court, nothing was mentioned about the said defendants membership of the 3rd defendants. It is trite that pleadings, however strong they may appear to be, without evidence or proof thereof, go to issue. Evidence must be led to prove facts relied upon by a party or sustain the allegations raised in the pleadings. (see UBN Plc v. Astra Builders (WA) Ltd (2010) 2SCNJ 84. A mere averment in pleadings without evidence proves nothing unless admitted. (See George v. Dominion Flour Mills Ltd (1963) 1SCNLR 117. The averments paragraphs 17, 18, 19 and 20 of the claimant’s amended statement of claim, in so far as they relate to the allegation of the 6th and 7th defendants’ membership of the 3rd defendant are hereby discountenanced for want of proof.

    66. In respect of the 4th defendant, Barrister Abraham A. Olaniran, Chairman KOGSIEC, CWI testified to the fact that he is a member of the 9th defendant who contested the primaries of Kabba/Bunu constituency of Kogi State House of Assembly under the platform of the 9th defendant on 4/1/2011 for the April 2011 general election but lost. CW1, indeed, described him as “a stalwart of People’s Democratic Party”. He tendered a certified true copy of INEC Kabba/Bunu Local Government Area Report on PDP primaries for the Kogi State House of Assembly. The document shows that seven aspirants contested the primaries. The name, Barr. Abraham A. Olaniran, the 4th defendant, is No 3 on the list. It is indicated therein that he scored 10 votes. The highest number of votes in the said. Primaries went to TaiwoOjo Nathaniel, who scored 203 votes.

    67. It is significant to mention here that, although, the 4th defendant against whom such formidable and strenuous allegations were made never came up to give evidence. And DWI, Hon. AmokaSuberu, the 1st – 8th defendants’ sole witness never did as little as alluding to any fact in defence of the allegations. It is elementary that a statement on oath that is not adopted at trial is moribund as it is deemed abandoned.

     

    68. Similarly, 5th defendant, Hon. David Apeh, who is alleged to be a card carrying member of People’s Democratic Party (PDP) i.e the 9th defendant and had enjoyed and continued to enjoy political patronages in the form of plum appointments from PDP governments at various times, gave no evidence, in spite of the fact that he filed an elaborate 20 – paragraph witness  statement on oath. It is hardly necessary for me to state here that by its very nature and character, a witness statement on oath cannot speak. It speaks through a witness, and as long as a party refuses or fails to adopt it to articulate its content, it remains a dormant process in the court’s file.

    69. The implication of the foregoing is that I am left with no other option than to accept the evidence of the claimant’s witness on the points relating to the membership of the 4th – 5th defendants of the 9th defendant/political party (PDP). Section 135(1) of the Evidence Act 2011 is clear on this point as it provides. “Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exists”. In Baba v. Nigerian Civil Aviation &Anor (1991) LPELR – 692(SC), the Supreme Court stated clearly that “wherever on an issue evidence comes from one side and this is unchallenged and uncontradicted, it ought normally to be accepted on the principle that there is nothing to be put on the other side of the balance, unless of course it is of such quality that no reasonable tribunal should have believed it. So, when evidence goes one way, the onus of proof is discharged on a minimal of proof”. (Nnaemeka-Agu, JSC, P. 32). Flowing from the above principles, I am bound to accept the evidence of CW1 that both the 4th and 5th defendants are members of the 9th defendant (PDP). I accept same.

    Issues Nos. 3& 4 – Was the 3rd Defendant properly constituted or composed to conduct the 4th May 2013 Local Government Election in Kogi State? If notwhat is the Effect?

    70. The issue at stake here calls for the application of the provision of section 200(1) of the 1999 constitution of the Federal Republic of Nigeria (as amended) to the facts established in this case. At the risk of repetition but for purposes of clarity, the said section is reproduced hereunder:

    “No person shall be qualified for appointment as a member of any of the bodies aforesaid if (a) he is not qualified or if he is disqualified for election as a member of a House of Assembly provided that a member of any of the said bodies shall not be required to belong to a political party and in the case of the State Independent Electoral Commission, he shall not be a member of a political party(underlining mine).

    There is no doubt that as at the 4th May 2013, the 4th defendant, was the chairman, Kogi State Independent Electoral Commission while the 5th defendant was a member. The uncontradicted evidence before me has established that both the 4th and 5th defendants are members of Peoples’ Democratic Party (PDP). The evidence shows that the 4th defendant even contested the primaries for the Kabba/Bunu constituency under the platform of the 3rd defendant on 4th January 2011. The INEC report of the said primary (exhibit 8) reads:

    “The PDP primary into Kogi State House of Assembly Kabba/Bunu Local Government Area chapter was held on the 4th January 2011 the primary was observed by the following the INEC, the SSS, the police and other Security agencies and the State representatives of the party. There were 344 delegates that attended the primarily election from all the 15 wards on the Local Government. There are also 7(seven aspirants into the State House of Assembly. They are as follows:

    1. Barr. Olowomoran D. Kayode.

    2. TaiwoOjo Nathaniel

    3. Barr. Abraham A. Olaniran

    4. Barr. Michael James

    5. Aribido Funsho

    6. Femi Obalemo

    7. BuramohFolorunsho.

    The primary was conducted in a peaceful manner and condusive atmosphere. Throughout the duration of the primary, the activities (sic) was like a marriage ceremony with pomp and pageantry.

    Below is the result.

    Names of Aspirant                                                                                                                                                 No of votes Cast

    1.                Barr. Olowomoran D. Kayode    13 votes

    2.                TaiwoOjo Nathaniel                                                  203 votes

    3.                Barr. Abraham A. Olaniran                                    10 votes

    4.                Barr. Michael James                                                    15 votes

    5.                Aribido Funsho                                                            1 vote

    6.                Femi Obalemo                                                                                      80 votes

    7.                BuramohFolorunsho.                                                                       14 votes

    Total                                                                                                             336 votes

    The total votes cost 336 while 8 votes counted void.

    Above is hereby submitted.

    AyilaraOlarewaju                           Uhuami O. Usman

    Monitor                                                                         Monitor

    71. It is significant to note here that as at 4/1/2011 when the primaries held, Section 200(1) of the Constitution had been amended to bar members of political parties from becoming members of State Independent Electoral Commission. Mr.Akubo, SAN, has argued that the amendment to section 200(1) of the constitution does not have a retrospective effect. He is very correct and I agree with him. What this means is that from July 10 2010, when the amendment took effect, no member of any political party can be a member of any State Independent Electoral Commission let alone its chairman. It also implies that by the application of section 200(1) of the Constitution (as amended) the 4th defendant already stood disqualified as chairman of KOGSIEC as far back as 2011.

    72. In respect of the 5thdefendant, his membership of KOGISEC, which was still in force as at the time of 4th May 2013 election, as the evidence before me reveals, is a reward for his patronage and membership of the 3rd defendant. This is in addition to his earlier membership of Federal Hospital Management Board, a position he was said to have held for four years. Upon the amendment of Section 200(1) of the Constitution, the 5th defendant also stood disqualified from being or remaining a member of the 3rd defendant.

    73. It has to be appreciated here that a body like KOGSIEC has a very special role to play in our constitutional democracy. It is the organ that is constitutionallyempowered “to organize, undertake and supervise all elections to local government councils within the state” (item 4 Third schedule to the Constitution (as amended).

    74. The amendment of section 200(1) of the Constitution, in my humble view,is designed by the law makers to promote the principles of fairness, independence and transparency. It also expresses the notion of neutrality. These are not abstract notions. For instance the notion of independence reflects in the name of the 3rd defendant (Kogi State Independent Electoral Commission). As an umpire, Kogi State Independent Electoral Commission must not only be neutral but manifestly be seen to be so neutral. Given the centrality of these notions of neutrality and transparency, embedded in the work and functions of a State Independent Electoral Commission, it will be inappropriate to interpret section 200(1) of the Constitution (as amended) in a way to suggest that  the chairman of  such a commission can go completely out of his way, not only to join a political party but proceed to contest the primaries of an election under the umbrella of a political party and come back to organize an election involving his party and other political parties, as it shockingly happened in this case. And this is after the Constitution had been amended in terms of section 200 (1) of the Constitution (as amended). Any claim to neutrality, integrity, transparency and fairness in favour of such body headed by such a person goes to no issue. The truth is that, the Constitution has, by that singular act, been violated with a tincture of impunity.I, therefore, hold that the membership of the 4th and 5thdefendants of the 3rd defendant, including the contest of primaries by the 4thdefendant under the platform of the 9th defendant (PDP) compromised, irredeemably, the integrity and neutrality of the 3rd defendant to hold the May 4, 2013 local government election in Kogi State.The claim of the retirement of the 4th to 8thdefendants in February 2014 only begs the issue. It also shows that they were being clever by half, having waited to conduct the election before their retirement. By the time of the amendment of the Constitution in 2010, they already had their hands soiled with partisanship, as the evidence before me demonstrates, by which they stood disqualified from membership of the 3rd defendant. From the foregoing, I, therefore, hold that as at 4th May 2013, the 3rd defendant was not properly constituted in accordance with section 200(1) of the1999 Constitution of the Federal Republic of Nigeria (as amended).

    75. The direct consequence of this is that all the acts and actions of the defendants in relation to the local government election conducted by the 3rd defendant on May 4, 2013 become a nullity. When a constitutional body like the 3rd defendant is not properly constituted as required by the relevant provisions of the Constitution, it is like a court or tribunal that is not properly constituted. Any process issued or trial conducted is a complete nullity ab initio. (See Madukolu v. Nkemdili (1962) 2SCNLR 341).Accordingly, I pronounce the election of 4th May 2013, conducted by improperly constituted commission, Kogi State Independent Electoral Commission (KOSIEC), the 3rd defendant a nullity. That is to say, the election is hereby treated as void as having never been conducted.

    76. As regards the effect of this conclusion on the elected chairmen and councillors, there is no way those elected under the void election can be allowed to benefit from such flagrant breach of the Constitution. It is settled beyond any conjecture that one cannot put something on nothing and expect it to remain there. It will collapse (Macfoy v. UAC (1961) 3 NWR 145). So it is in this case.

    77.In order to fill the vacuum that may be created by this conclusion, I hereby  make an order directing that the most senior director of the local governments assume responsibility for each local government pending when another local government election is conducted.

     

     

    Conclusion

    78. Under our constitutional democracy, the Constitution is the supreme law, the grundnorm.  (Section 1 (3) of the Constitution as amended). It is binding on all authorities and persons. This court has been given the responsibility of being the ultimate guardian of the Constitution and its values. Section 1 (3) of the Constitution (as amended) stipulates that if any action is inconsistent with the provisions of the Constitution, the court will be obliged to declare such an unconstitutional and invalid as I have done in this case. The primary duty of the court is to uphold the sanctity of the Constitution and the law which must be applied impartially and without fear, favour and prejudice.

     

    Hon. Justice Alaba Omolaye-Ajileye

    Judge

    08/12/2014.

    Counsel Representation

    Ocholi James, SAN for the claimants(Isaac Ekpa Esq, and S.J. Akos (Miss) with him).

    P.A. AkuboSAN for the 1st – 8th Defendants (J.A. Akubo Esq; D.I. Ugbe, Esq; L.C. Ani (Mrs) Alaji Jacob Esq and U.S. Ovaasa) with him).

    EmejeAruwa Esq for the 9th Defendant (Alex Audu Esq with him).

     

  • The 2015 presidential campaigns

    The front runners for the 2015 presidential election, no doubt, are President Goodluck Ebele Jonathan of the Peoples Democratic Party (PDP) and General Muhammadu Buhari of the All Progressive Congress (APC). While President Jonathan is running on his record of performance in office, since 2009; General Buhari is running on the promise of change,for the better. For me, the presidential campaigns, have been very disappointing; since neither the incumbent president, who has had the chance, nor the major aspirant, who is asking for a chance, is promising Nigerians, the fundamental changes, necessary for the much sought after national rebirth.

    As many national and international commentators have correctly argued, Nigeria will only make little progress, if at all, unless there is a fundamental restructuring of the country, its systems and institutions. Knowing that we are a diverse people, it is also commonly agreed that Nigeria would be must effective, if it operates a true federal system of government. Interestingly, there is a groundswell of opinion that Nigeria currently operates more of a unitary system of government, than a federal system, and there is an urgent need for a change. So, I had wagered that the presidential debate, support and choices will be driven by demand for those fundamental changes, towards proper federalism for the much sought after national rebirth.

    This, regrettably, has not been the case. Rather, what we have is a presidential debate and campaign, without any fundamental promises to restructure the enablers for true federalism. In essence, what is driving the presidential debate, support and choices, is nothing more than mere parochial self and group interests. Strangely, even the chief proponentsfor a true federalism have been overtaken by the election fever, without their asking any of the candidates, to make commitment in this regard.

    Until recently, I recall that many of the state governors and foremost political actors across the parties, have been in the forefront for a statutory provision for state police. Indeed, many of the governors who had suffered various kinds of humiliation, owing to the federal government monopoly of the instrument of coercion, had openly canvased for state police, as the way out of that quagmire. Now that the presidential candidates are stumping around, canvassing for support, nobody is stringently demanding a commitment from the candidates, before extending the much sought after support. Indeed, nothing is heard again of that major fundamental of a federal system of government.

    Again, before the military intervention in politics, particularly its infamous Minerals Act of 1969, Nigeria ran a federal system of government, with strong regional economies; which paid tax to the federal government. Since that military misadventure in politics, Nigeria has ran a very dangerous mono-economy, such that currently, with global oil prices plummeting, Nigeria whose economy is dependent on oil resources, is despite the pretences, at the threshold of an economic collapse. Yet, in all the debate and campaign, none of the candidates has promised thatinevitable return to status quo, necessary for our national rebirth.

    I had also erroneously thought that the current fiscalchallenge, facing the state governors, following the dwindled resources from the so called federation account, would compel a rethink, and the galvanizing of national consensus, to amend that act, so that state governments can begin to exploit the natural resources that is in abundant in their states. Such untapped resources include coal, bitumen, zinc, iron ore, gold, and several other minerals across the country. For me, it is strange that state governors are excitedly campaigning for their preferred presidential candidates, without extracting from them, the promise to return ownership of these minerals to the states, or in the least, the regions.

    Another forgotten consensus for national rebirth, as far as the presidential campaign and debate is concerned, is the near general agreement that Nigeria should be restructured into a six-region federation, for greater efficiency. Strangely, some of the major proponents of that important move, have openly supported one of the presidential candidates, without asking their preferred candidate what is his position, with regards to this fundamental. So, while there is a general consensus that the cost of governance across the thirty-six states is unsustainable, none of the presidential candidates in their campaigns have told their enthusiastic supporters, where they stand in the debate.

    With the expanding war by the Boko Haram elements in the North-East, and the threat of war in the Niger Delta, should Jonathan loose, there is the possibility that the promises of jobs for the youths, will be mainly in the military and quasi militias.Let nobody be fooled, there is little or no economic activities across many states and regions, and that is the sub-set for the several crises that is threatening to consume our country. The result is the abundant human resources, wasting away, and easily converted to agents of nationalinstability. As the presidential candidates campaign across the country, nobody is seriously asking the candidates, how they would realistically spread economic activities, across the geo-political zones of the country.

    While nobody should take away from the campaigners their well-founded interest in theunbearable corruption, grave insecurity, poverty and mass unemployment, it is important to realise that without addressing the fundamental structures of the socio-political economy of the country, the promises cannot be fulfilled. For instance,how do you fight corruption undera criminal justice system that is afflicted by institutionally induced sabotage?Again, how do you fight insecurity and insurgency in a system fraught with systemic injustice, structurally unfair appropriation and/or re-distribution of the common resources?Indeed, how will the officials, whether elected or appointed, of a fundamentally unjust state, suddenly become purveyors of a fair economic activities that will eradicate poverty and create national wealth, across the country?

     

     

  • Falana seeks establishment of electoral offences tribunal

    Falana seeks establishment of electoral offences tribunal

    Lagos lawyer Femi Falana (SAN) has urged the Federal Government to set up an  Electoral Offences Tribunal to successfully tackle violence and irregularities during elections.

    The tribunal, he said, would be  “an autonomous and ad hoc body, as it may not have much to do in between election period”.

    Falana’s advice is in consonance with Ahmed Lemu Panel’s recommendation  in 2011, which said electoral offenders ought to be prosecuted in order to stop electoral violence.

    In a statement in Lagos  titled: “How to stop political violence”, Falana said: “It is high time an end was put to the official endorsement of politically motivated violence in the country.”

    According to him, President Goodluck Jonathan should set up the tribunal having signed the  non-violence accord  with the presidential candidates of other political parties.

    Falana said should the federal government  declined to do so, the Independent National Electoral Commission (INEC)  should prosecute electoral offenders in accordance with  Section 150  of the Electoral Act.

    “But since the INEC  lacks the capacity to discharge the onerous statutory duty,  the Nigerian Bar Association (NBA) should take up the task of prosecuting electoral offenders throughout the country.

    To ensure the success of his proposal, the lawyer said  the NBA should be prepared to collaborate with the Body of Attorneys-General and the Nigeria Police, emphasising that “unless electoral offenders are punished as envisaged by the Electoral Act  and the Constitution,  the subversion of the democratic process would  continue unabated”.

    Ahmed Lemu Panel had in 2011, made a strong case for the setting up of “an autonomous and constitutionally recognised Electoral Offences Tribunal, but which may be an ad hoc body as it may not have much to do in between election period”.

    Falana recalled that in 2007,  President Umaru Yar’adua admitted that the election which brought him to power was flawed and that in a bid to sanitise the electoral system,  he set up the Muhammadu Uwais’  Electoral Committee .

    “Among other recommendations the Committee called for the establishment of an Electoral Offences Tribunal. The Yaradua Administration rejected  the recommendation without any justification. However, following the political violence, which greeted the announcement of the results of the presidential election in some states in the North and Akwa Ibom in April  2011, President Goodluck Jonathan set up the Ahmed Lemu Panel to investigate the crisis.

    “From the detailed report of the Panel, 943 people were killed while 838 others were injured.  While the Federal Government has paid over N10 billion as reparation  to  the victims of the riots,  the 626 suspects, who were arrested in connection with arson, culpable homicide and other grave offences perpetrated during the civil disturbances have been left off the hook on account of official impunity that has become the order of the day under the current political dispensation,” he recalled.

    He argued that since Nigeria  claims to operate under  the Rule of Law, there is  no justification that suspects involved in sabotaging  the electoral process  have not been charged to any criminal court.

    According to him, “the crisis of impunity in the land has been compounded  by the partisan involvement of the authorities of the police, the armed forces and other security agencies  in the political process. “Although there are adequate and elaborate provisions in the Electoral Act, 2010 as amended and the penal statutes to deal with political violence and  electoral malfeasance, the managers of the neo-colonial state lack the political will to bring electoral offenders to book,” he said.

    Falana recalled that a few weeks ago,  former Secretary-General of the United Nations (UN), Mr. Kofi Anan and  the former Secretary-General of the Commonwealth, Chief Emeka Anyaoku,  jointly presided over the signing of a Non-Violence Accord by the presidential candidates of political parties that are taking part in this  month’s Election.

    “At the well celebrated ceremony which held in Abuja the candidates of the two leading political parties embraced each other. While the media and several people were excited with the development. I expressed the view that the so called peace accord would not stem the tide of political violence in the country due  to the violent nature of the electoral system coupled with official impunity.

    “In a number of decided cases, the courts have held that candidates  sponsored by political parties cannot be held vicariously liable for  politically motivated violence and electoral malpractice carried out on their behalf  unless they can be directly linked with instigating or directing their supporters to engage in such criminality. Indeed, political leaders usually dissociate themselves from acts of violence by condemning the perpetrators.

    “However, if the suspects are charged to court the leaders turn round to engage the services of lawyers to defend them. In many cases, attorneys-general are directed to file nolle prosequi to stop the prosecution of suspects, who belong to the ruling parties. Hence, the cases of the hundreds of suspects charged to court by the Police for electoral offences committed during the 2003, 2007 and 2011 general elections  were abruptly terminated   in all the states of the federation,” he argued.  Falana said Nigerians have witnessed a reign of terror by armed thugs, who have engaged in the  bombing or burning of  party secretariats;  destruction of vehicles belonging to political parties;  harassment  of political opponents; wearing of masks by “security personnel” at campaign rallies; the extra-judicial killing and brutal attacks of innocent people at party congresses and primary elections; the unprovoked assault on judges; the throwing of stones at leaders among other vices in the last few months.

    He noted that in spite of the warning by the electoral officials,  the illegal use of official vehicles by public officers for political campaigns has continued adding: “top political leaders have continued to make inciting statements. A governor published  a death wish advert, which could have provoked ethno-religious riots. Another governor attended a meeting where ex-militants threatened to declare war on the Republic if the President is “dethroned” in the forthcoming general election.

    “ It is hoped that  those who are beating the drum of war will be called to order by President Jonathan. After all, they never took part in the streets protests held in Lagos and Abuja, which compelled  the National Assembly to recognise Dr. Jonathan as the Acting President in May 2010.  Neither did they blackmail  Nigerians from all parts of the country  to vote for the President in 2011.

    “With respect to the stoning of President Jonathan during a political rally  in Bauchi, last week, Governor Isa Yaguda has pointed accusing fingers at some unnamed members of the ruling party. This is a serious allegation, which should be investigated by the Police with a view to bringing the culprits to book,” he said.

    He said the bulk of the infractions of  the Law  highlighted above took place after the signing of the peace accord. The National Human Rights Commission (NHRC) has said “signing a peace pact is easy, the more difficult part is to ensure that the political  office seekers and their supporters work within the rules of engagement”.

    Falana pointed out the fact that office seekers and their supporters cannot operate within ‘the rules of engagement” if they are treated like sacred cows.

    He posited that there is need to let political office seekers realise the fact that executive immunity does not cover election petitions and electoral offences.

    Citing Turaki v. Dalhaltu (2003) 38 WRN 54 at 168 he said: “Oguntade JCA (as he then was) held that “If a governor were to be considered immuned from court proceedings, that would create the position where a sitting governor would be able to flout election laws and regulations to the detriment of other persons contesting with him. This will make a nonsense of the election process and be against the spirit of our national Constitution, which in its tenor provides for a free and fair election.”

  • Lawyer seeks end to violence against females

    Child Rights activist, Taiwo Akinlami has urged the male youths to change their perception about the girl-child and women.

    Akinlami gave the advise in an address delivered as guest speaker at the inauguration of a Non Governmental Organisation (NGO), HeforShe committed to ending violence against the girl child and women in the country.

    The occasion was at the gender equality programme organised by L.E.A.R.N in collaboration with United Nations Information Center (UNIC) held last week at Birch Freeman Secondary School, Mushin.

    Akinlami who spoke extensively on gender equality, urged them to honour women who brought them to life and not o see the girl child as an inferior human being.

    He urged them to make a commitment on changing themselves and their perceptions about women and to be part of the change going on around the world on the wrong perception people initially harbor about women.

    Former Speaker of Lagos State Children’s Parliament, Emmanuel Awobona, also enjoined the students to see women as mothers and to always see them  as such.

    Awobona urged the youths to stop regarding the girl child as the weaker vessel stressing that the fact that she was created out of a man’s rib does not necessarily make her a subordinate. He urged them to regard and treat women  as equals.

    The Project Manager L.E.A.R.N Mrs. Bisi Awoyomi in an opening remarks stressed the need for the boys to put an end to violence against women and girls and see them as partners in all that they do.

    The students drawn from junior and senior schools presented two different  drama that portrayed  end to  “violence against women”.

    The students along with that of Yaba College of Technology, the L.E.A.R.N team and facilitators did a walk chanting ‘STOP VIOLENCE AGAINST WOMEN’

     

  • Lawyers urged to stand for free, fair elections

    Lawyers urged to stand for free, fair elections

    Participants in the just concluded 2015 annual law week of the Nigerian Bar Association (NBA) Owerri Branch, have urged lawyers to ensure free, fair and credible elections.

    The theme of the law week was “ 2015  general elections in Nigeria: the task before the legal profession.”

    Imo State governor, Owelle Rochas Okorocha urged lawyers to help proffer solution to the country’s problems.

    He said: “When God chooses a man, there is nothing anybody can do about it, I respect lawyers because they  make and unmake the Nigerian state. So, the fear of  legal  profession is the beginning of political wisdom.”

    He expressed concern that the campaigns are moving away from issues, rather, the focus is now on ethnicity and religion.

    Okorochas said the Police, the Army, the Department of State Security (DSS) and money would play crucial roles in determining who wins elections. To the governor, whoever has control  over them usually wins.

    The branch Chairman, Mr. Stanley Chidozie Imo said  lawyers owe a duty not only to their clients, but to the country to uphold the rule of law and deepen democratic ideals and norms.

    Justice Mary Peter–Odili of the Supreme Court, who chaired the event, urged lawyers as ministers in the temple of Justice to always assist the court to arrive at the ‘justice of the matter.’

    Justice Odili said: “Firstly the role of the legal practitioner when faced with the disputes that would naturally occur at the end of the political battles in the fields of play precisely at the polling booths, the ward level, the local government and the state level collation centres as the case may be.  The election proper cannot be complete without taking into consideration the pre-election dissatisfactions, which may or may not be possible disputes warranting a recourse to the law court

    “Therefore, a responsibility is placed on him not to take on a brief that would only lead to an irritation of the courts as the perceived dispute,  when looked at properly,  may not be  more than a whimsical fancy of a politician seeking notice. When such a presentation occurs,  it behoves the legal counsel to render the required advice and urge the client to seek mediation outside of the court or to forget the perceived wrong, which would take the party nowhere.

    “For the umpire, judicial officers presiding in the various courts to which these disputes would be presented, there is a duty to ensure that the courts are not made an arena for frivolous petitions or processes that merely pander to the vanity of a particular legal practitioner seeking to display his legal prowess or knowledge of the law or allow a politician to create unnecessary tension with a pending legal process, which is dead on arrival.  In this case, the Judge is enjoined to terminate the process firmly and without temporising.

    “On the other hand would be a political dispute properly before court and one for which a decision would be made either way. There is no gainsaying the fact that justice must not only be done, but would be manifestly seen to have been done as the old adage goes.

    “There must be the fact within the sight of the judge at all times, that justice and peace go together none going alone because  when justice is compromised, peace can never be and no one including the judge,  ‘ is safe in  the environment that no longer knows peace and tranquility.”

    Examining whether there is conflict between the provisions of Sections 285 (6) (7) and 36 of the Nigeria Constitution, former Deputy Director, Nigerian Law School, Enugu Campus, Prof Ernest Ojukwu (SAN) said: “If two ideas, beliefs, stories, etc. conflict, it is not possible for them to exist together or for them both to be true.” Can Sections 285(6)/(7) of the Nigerian Constitution exist side by side with Section 36?

    Prof. Ojukwu said: “International Human Rights norms accept that the right of access to the courts is not absolute and that the right could be limited by matters related to issues of  court procedure and  limitation rules and have set some guidelines on which to base a review of national laws and practices on this derogation

    “Examples or the criteria for validating such laws and rules against access to justice have been provided by the United Nations ( UN)  Human Rights Committee and European court of  Human Rights as stated above. Using such criteria, one can conclude that Section 2R5 (6) and (7) of the Nigerian Constitution does not conflict with Section 16 of the Nigerian Constitution, but are permissible limitations under International Law on the right to access to justice.

    “Section 285(6) and (7) as stated earlier were inserted in the Constitution as an amendment to legal regime to cure a mischief brought about by a gap that tended to foist all Nigerians political leaders that were not chosen through the will of the people, the stolen mandate as it has been described. The trial and appeal limitations provided by the law give equal opportunities to both parties in an election petition. The period provided is reasonable and practicable; it does not “restrict the access left to the individual in such a way or to such an extent that the very essence or the right is impaired.” The provisions are also appropriate  between  the means employed and the aim sought to be achieved.

    Speaking on the legal profession and the task before it in the 2015 elections, the Keynote speaker, Justice P. C. Onumajulu, who is a former Chief Judge of Imo State,  identified  general task for all legal practitioners, lawyers at the Bar, the Bench and the general counsel.

    He said: “The term legal profession refers to the profession of persons, who are lawyers which in turn refers to persons who have had courses of training in law and have been inducted into the profession  by being ‘called’ to Bar and therefore, entitled to practice the profession of law in and outside the courts. The lawyer is a versatile professional for he may be a judge, a private,  official legal practitioner, a teacher of law in an institution a director or secretary of any, corporation or other public or private body or institution, a  civil servant, an office holder in any capacity etc.”

    He continued: “The lawyer at the bar in his duty to the court, must show absolute and total respect to the courts and tribunals before which he appears and assist such tribunals to discover the truth of the matter in litigation by frank, truthful and honest statements. correct procedural steps and justifiable actions. He should not hide facts to mislead the courts of tribunal.”

    “The duty to his client is to strive for honesty, and to the best of his ability and learning,  to put across the case of his client to the court to give sound legal opinion and be  courageous. He must know that  election matters have limited tenure and span, and interest of justice demands  that a complaint against an election by way of an election petition should be expeditiously heard and disposed of by the judge to enable the parties to such a petition know, in good time their relative positions. Time, therefore, is of strict essence in election matters. Thus, election petitions should be devoid of procedural clogs incessant and protracted adjournments that cause delay in the disposition of substantive issues and disputes therein

    “This is where the judge has a great task to face and in performing this task he must eschew all forms of bribery and corruption. He must be prepared and able, in spite of all odds, to dispense justice timeously, judiciously and judicially, avoiding in the process, all manner of technicalities that affect the merits of the petition before him because his role requires a high degree of honesty, integrity, transparency, courage and above all the fear and faith in God,” Onumajulu said.

    Former Director-General of Nigerian Institute of Advanced Legal Studies (NIALS), Prof. Epiphany  Azinge (SAN) said there was the need to examine  the role of the Bar and Bench at this critical period of the national history.

    “It cannot be denied that many lawyers are already  looking forward  to the flurry of actives that will characterise the forthcoming elections in the nature of election petitions. For many,  the prayer is that the harvest should be plenty and bountiful. Some are eager to invoke the jurisdiction of tribunals for minute and insignificant reasons all because they want to partake in the sharing  or redistribution of the nations cake, for others their claim to fame is the posturing  of being close to one or two judges  in an election  tribunal.”

    Azinge continued: “There is no denying the fact that lawyers and judges have not fared well as far  as public perception of their role in election  petitions is concerned. This image must change. In some instances, post election violence have occurred because lawyers rightly or wrongly have advised that an election was not free and fair. We must be conscious of our responsibility to the wider society and not to ourselves, our advice and actions should be such that we can defend whenever called upon to do so.”

    Allegations of judicial corruption, he said,  resonates more in election petitions. “Judges must be careful not to be compromised by politicians. Politicians are naturally loquacious and therefore, cannot keep a bargain that transactions between parties are confidential. Win or loose at tribunals, politicians normally quote chapters, verses  and footnots of their dealings with interested parties. So, it is not in the interest of counsel or judges to have dealings with politicians. I hope that 2015 will mark the beginning of judicial  rebirth and that lawyers and judges will stand up to be counted as contributing positively not only to the integrity of the electoral  process,  but also ensuring that judgments of election petitions are unimpeachable,” he said.

    General Mohammadu Buhari, he said, at the Abuja Accord for non-violence on  January 14, delivered a scathing indictment on the judiciary in handling of election matters, saying they  must strive to do their job to the best of their ability. “Even at that, our judiciary remains one of the best in the world. It is my considered opinion that politicians should be careful on how they tarnish the image of the judiciary before the global community,” he said.

    Azinge said it is the responsibility of counsel to explain judgment of courts to their clients to avoid reckless and sentimental imputations by disputants.  “As at the time of preparing this address, the judicial workers were still on strike on. The timing of the strike is not too good for the nation. Firstly, it may not allow the impaneling of election tribunals and secondly most of pre-election matters in court many not be concluded before the election. I want to appeal to all well-meaning Nigerians to see to the immediate resolution of the issues the judicial workers are agitating for,” he said.

    Financial autonomy for the judiciary, he said, is not a matter for debate. “Indeed, states that are yet to buy into that policy should rethink and act immediately,” Azinge said.

    Tangentially related to this, in the words of Azinge, is the crisis rocking the judiciary in Rivers State. “This is not the time to reflect on arguments on both sides of the divide, but to clearly indicate that the image of the Nigerian judiciary has been badly dented by this episode. How can we sell the message that the judiciary is the last hope of the masses when the judiciary cannot resolve its own problem. I think the proper message to the judiciary is “physician  heal thyself,” he said.

    He appealed to the Chief Justice of Nigeria to ensure that the matter is speedily resolved. “May I also invite all well-meaning  members of the bar and bench to intervene and bring this matter to an end before the election starts on  February  14.  Everybody is invited to assist to ensure that we do not end up becoming  a failed state. As always, lawyers have a role to play in ensuring that the right things are done by the appropriate  authorities,” Azinge said.

     

     

     

             

     

  • Lawyers endorse Buhari/Osinbajo

    Lawyers endorse Buhari/Osinbajo

    The Nigerian Bar Association (NBA) Ikorodu branch has endorsed the All Progressive Congress (APC) presidential candidate Gen. Muhammadu Buhari and his running mate Prof. Yemi Osinbajo (SAN).

    In a statement by its chairman Mr. Dotun Adetunji and Secretary Blessing Ene the lawyers’ body said by virtue of their training and professional calling, lawyers are better equipped to advance the course of  societies.

    They urged  lawyers support Prof. Osinbajo who is a senior and leading member of the Bar.

    The statement reads: “In the words of the first Nigerian lawyer, Christopher Alexander Sapara-Williams (called to the English Bar in 1879 and the Nigerian Bar in 1898), ‘The legal practitioner lives for the direction of his country’.

    “Similarly, Article 14 of the Basic Principles on the Role of Lawyers adopted in Havana in 1990 loudly and unmistakably proclaims that ‘… Lawyers, in protecting the rights of their clients and in promoting the cause of justice, shall seek to uphold human rights and fundamental freedoms recognised by national and international law  and shall at all times act freely and diligently in accordance with the law and recognised standards and ethics of the legal profession.’

    ”It is against this background that the NBA Ikorodu Branch deemed it pertinent to unanimously endorse, and has unanimously endorsed, the candidature of General Muhammadu Buhari and professor Yemi Oluleke Osinbajo (SAN) of the All Progressives Congress (APC) in the forthcoming presidential elections fixed for February 14, 2015.

    “The NBA Ikorodu Branch in taking this monumental, historic and unanimous decision took cognisance of the elephantine deterioration, unprecedented decay, immeasurable irresponsibility, unjustifiable insensitivities, illegal actions and inactions coupled with limitless unconstitutional activities of the incumbent administration which have attained frightening dimensions and require urgent national massive electoral rejection and replacement with committed patriots and selfless nationalists such as the duo of General Muhammadu Buhari and Professor Yemi Osinbajo (SAN) with known unassailable track records of achievements, transparency, honesty, integrity, vision, selflessness, human capital development, institutions building and multiple-legacies development capacity.

    “The NBA Ikorodu Branch recall, with nostalgia and gratitude, that Prof. Osinbajo  between 1999 and 2007 when he served as Attorney General and Commissioner  for Justice under the able and amiable leadership of Asiwaju Bola Ahmed Tinubu, almost single-handedly transformed the judicial landscape, not only in Lagos State,  but in the Federation at large, commencing from bold outstanding conditions of service to all judges through reform of procedural rules (both civil and criminal), sustainable access to justice initiatives to qualitative, substantive and physical reconstruction of the justice sector.

    “Lagos State kick-started this uncommon pro-people and development-based phenomenon, the Federal Government and the other 35 States including the FCT had no option than to follow.

    “As a Legal Practitioner, well-schooled in the sociological perspective and believing that law is an instrument for positive social engineering, Prof. Osinbajo did not only permanently and positively effected changes in both the substantive and procedural laws, he had equally engendered enormous personnel re-orientation and positive attitudinal transformation in a very deep and wide systemic way…”

    ‘which other committed Chief Law Officers, both within and outside Nigeria, are still emulating un

    “As a visionary, progressive intellectual and world-class scholar, Prof. Yemi Osinbajo (SAN)’s universal reputation for personal integrity and national (if not global) acclaim for having re-shaped the country’s judicial sanctity and integrity clearly qualifies and presents him as the most appropriate Nigerian to join and work with General Buhari to rescue Nigeria and Nigerians from the ceaseless abyss of poverty, incompetence, inefficiency, insecurity, inept

    and myopic leadership and otiose mismanagement that are currently plaguing the country.

    “The NBA Ikorodu Branch reminds Nigeria and Nigerians that “though the beginning may be small, the latter end shall be great and prosperous” for us all with the duo of General Muhammadu Buhari and Professor Yemi Osinbajo (S.A.N) piloting the affairs of this country from May 29, 2015. The NBA Ikorodu Branch therefore urges all Nigerians to always plan ahead as “it was not raining when Noah built the ark”. Nigerians must obtain their Permanent Voters Card (PVC) and vote massively to ensure the desired change we all crave for and ensure a Greater Nigeria where insurgency, sundry government ins~nsi~ity, un-employment, mal-administration, lawlessness, injustice, obstinate disregard of rule of law and the due process is  truly a thing of the past and where justice and peace shall truly reign supreme”

     

     

  • The Token newsletter debut in Lagos

    The Token newsletter debut in Lagos

    The Token, a quarterly newsletter published   by the law firm of Tayo Oyetibo (SAN) has been launched in Lagos.

    It will serve as a source of useful information on legal practice.

    Oyetibo said such information would be of a general nature and not intended as a substitute for professional or legal consultation or advice in a particular matter.

    He said the contents have been produced by the five practice groups in the law firm including the Dispute Resolution Practice Group; the Commercial Law Practice Group, the Energy, Technology and Infrastructure (ETI) Practice Group; the Legislative and Media Practice Group and the Regulatory Compliance and Business Advisory (RCBA) Practice Group.

    Because February 14 is very important to Nigeria, being the date the Presidential election would hold, the maiden edition of the newsletter examined much debated topic of the educational qualifications required by law for those seeking to be elected as President of Nigeria.

    It also examined the  2015  budget proposals, which is yet to be passed into law while  highlighting some key issues arising from the budget and the possible effects of those issues on daily economic activities.

     

     

     

     

  • Calls for postponement of elections mischievous, says Lawyers4Change

    Calls for postponement of elections mischievous, says Lawyers4Change

    A  group,  Lawyers for Change (Lawyers4Change) has urged Nigerians to stop the mudslinging of the Presidential candidate of the All Progressive Congress (APC), General Muhammadu Buhari.

    The group also described as mischievous, the call for a shift in the dates for elections.

    National Coordinator of Lawyers4Change, Adesina Ogunlana, at a press conference, urged the Independent National Election Commission (INEC) not to postpone the elections.

    On General Buhari’s qualifications, he said there was enough evidence which attest to the fact that the APC presidential candidate attended and graduated from various military institutions abroad before and after becoming a commissioned officer.

    He stressed that Constitutional lawyer Prof. Itsay Sagay(SAN) had further clarified that a diploma from the US War College is the equivalent of Masters Degree.

    “Buhari’s regime remainz the most credible government in Nigeria today. So, all mudslinging about Buhari can’t take away the fact that he is in the class of Aminu Kano of this world”, he stated.

    Ogunlana acknowledged  that the country has been gripped with election fever and that there is a lot of tension in the air because of the February 14, 2015 Presidential elections.

    He urged all political leaders to do their utmost best to curtail violence and uncivilized modes of electioneering adding that people who are genuinely interested in serving any community should not engage in dislocating, disrupting and distroying same community.

    He further advised all security agencies to eschew partisanship in the discharge of their duties.

    “Violence is an ill wind that blows no one any good. Let all security heads and officials know that they are agencies set up for the protection of the state and not to serve the interests of any political party or group”, he stated

     

  • Role of legislature, judiciary in environmental governance

    This is the implication of the  provisions of section 4 (7a) of the 1999 Constitution as amended.

    A comparative study of the National and State Legislatures, in the discharge of the enormous powers bestowed upon them by the constitution since the inception of the current democratic experiment, clearly shows that whereas the National Assembly has been very assertive and proactive, most State Legislatures, regrettably, have allowed themselves to be completely emasculated and castrated by the state governors who, in several instances, have been very over-bearing in the way they conduct the affairs of their various states, (Odey,

    2013:2).

    In simple terms, the legislature performs three basic Roles namely: Law

    Making, Representation and Oversight. The Legislature oversight the executive arm of government which include the Ministries, Departments and Agencies (MDAs), to ensure that government is held accountable to the people from where it derives its sovereignty.

    However, the differences is that environmental governance requires that policy makers, decision – makers and practitioners (Le NESREA & NOSDRA) have full knowledge of the environmental factors within and around their municipalities. In environmental management and  governance, knowledge of the international regional, national and local environmental priorities is critical. Coupled with an in-depth understanding of the legislative requirements (Le the constitution, National Environmental Management Act, Disaster Management Act, National Health Act; Municipal System Act etc); municipalities should be  able to translate national policy tools at a local level; and put them into practice by designing environmental sector plans, by-laws and management system for implementation, compliance monitoring and enforcement.

     

  • Encomiums as UNN honours Azinge, others

    Encomiums as UNN honours Azinge, others

    The University of Nigeria Nsukka (UNN) has conferred the honourary doctorate degree on Dr Valerie  Azinge.

    She was secretary of the National Conference held last year.

    Dr Azinge obtained an LL.M from the London School of Economics and Political Science and received her Ph.D in Law from the Ambrose Alli University, Ekpoma in 1990.

    She followed in the footsteps of her father, the late father Dr. John Nwodo who was also conferred with an honourary doctorate degree.

    Dr Azinge was honoured along with the Deputy Senate President, Senator Ike Ekweremadu and  the Tetufund Chairman,  D. Musa Babayo.

    After the event, the honouree entertained her guests at the Ukehe residence of her brother, the former Minister of Information,  Chief John Nnia Nwodo.

    Nwodo,  while breaking the traditional Kola nut, recalled that her father moved the motion for the establishment of the University and was subsequently conferred with an honourary Doctorate Degree.

    Former  Director-General of the Nigerian Institute of Advanced Legal Studies (NIALS) Prof Epiphany Azinge (SAN) said of his wife:  “I feel elated, excited and exceedingly grateful to God for the honour done to my wife,  Dr. Valerie Azinge and through her to my  family. This honour coming years after her late father  was conferred with the same honorary degree, by the same university,  is truly a cause for celebration by the  Nwodo’s and Azinge’s  respectively

    “She feels highly fulfilled and has a sense of fulfillment and accomplishment that she could walk on the footprints of her father. But more significantly, it is gratifying to note that her contributions to humanity and her country are well recognised and appreciated

    “Few months ago, she was conferred with the national honor of Officer of the Federal Republic (OFR).This recognition, undoubtedly, will motivate and propel her to continue to serve her country selflessly and with patriotic zeal and enthusiasm.”

    A former Presidential Candidate of the defunct National Republican Convention (NRC) Dr. Joe Nwodo said people could not fully understand and appreciate Dr. Azinge  without recourse to her role in the just concluded National Conference.

    “The conference at every level paraded some of the best brains available in our country.  The success of the conference is the result of a collective intellectual endeavor by all the participants which makes it difficult to compartmentalise the general success into individual achievements

    “At the level of the Secretariat of the conference,  we had exceptionally well qualified and non- partisan political leadership. This leadership had no secret agenda to manipulate the explosive proposals that arose on the floor of the conference to achieve prior determined objectives. The conference secretariat was in fact, formidable.  It consisted of Justice I. L.  Kutigi  as chairman, erudite  Professor Bolaji Akinyemi as vice- chairman and the amazon,  Dr. Valerie  Janette Azinge  as Secretary

    “The secretariat will go down in history as the most successful one that organised a politically explosive conference which eventually emerged with positive conclusions for our future. Even though in the development of the work of the conference, there were elements of the traditional North South division, but in the end those elements did not percolate into its major conclusions,” Dr. Nwodo said.

    On what made the conference unique, and  the peculiar contributions of  Dr  Azinge, Dr. Nwodo said: “The conference achieved two results hitherto thought impossible in Nigeria. To begin with, it was the first conference in our history to emerge with one unanimously agreed document with no dissenting opinions or report on its conclusions. This looks unbelievable and  sounds like a Nigerian political miracle. For a Nigerian conference to emerge with an unanimously  agreed document on inflammatory and explosive issues that had hitherto  divided our nation, is an achievement which cannot be easily quantified. And by this success we have moved our national struggle to another level.”

    He continued: “Before,  it was difficult to agree, the problem now however,  is no longer that we cannot reach agreement. Our present problem is now the political will to implement the decisions which our leaders freely arrived at during the conference. The conclusions of the conference have presented us with a comprehensive political manifesto on the future Nigeria  of our dream,  it is  now for our leaders to create  the political will  to implement it

    “Perhaps the most interesting contribution of the conference lay in its deliberate drive to create a finally Federal Republic of Nigeria consisting of 54 States made up of nine equal  states in the six geopolitical zones. The drive for  a true Federal Republic of Nigeria has for a longtime been obstructed by the primordial and perennial tripartite struggle for ethnic hegemony

    “In coming to this bold and novel decision, the conference came to a landmark decision of great historic proportions. They rejected the existing 36 military created, haphazard and unequal states, they equally rejected the division of Nigeria into equal geopolitical zones

    “In creating nine equal states in the each geopolitical zones, the conference  disregarded  the usual division of Nigeria into major and minor ethnic groups and by so doing,  the conference laid the proper foundation for the  building of a truly Federal Republic of Nigeria that liberated all the groups clamouring for political emancipation and self determination irrespective  of whether or not they belonged to a major or minor ethnic  group

    “If the is realized,  there will  only  be two tiers of government under the Federal constitution, the states will  be allowed to make their own constitutions  and to create their own local governments  which will  no longer come under the Federal constitution. In this way,  each of the fifty-four states will be forced to pursue earnestly   their political and economic self interest as opposed to the amorphous and nebulous  self interest of major or minor ethnic groups. Equally the dangerous and destructive struggle for tripartite ethnic hegemony will be reduced into manageable proportions. The unity of Nigeria will be enhanced and there will be a great natural leap forward

    Asked how  Dr. Valerie Azinge came into all these discourse, Dr. Nwodo said: “ She organized and  effectively managed the secretariat which was the engine room of the conference,  She designed an operational template for the management and direction  of the work of the conference consisting of  20  Committees which delved into the areas of our acute national problems and challenges. Her close interaction with the daily work of these committees created the ensuing operational framework for  the deliberation of these committees which provided for  the gigantic  success  recorded

    Giving insight into the background of Dr. Azinge which enabled her to achieve this monumental feat, Dr. Nwodo said: “  Dr. Azinge comes from a renowned political family in the south East. Secondly she is married to a brilliant intellectual, Prof. Epiphany  Azinge (SAN),  who as  Director-General,  Nigerian Institute of Advanced Legal  Studies (NIALS)  master minded far-reaching reforms  in Nigerian law, little wonder he has been  described as a Five Star legal scholar.

    Above all, she studied  in the  famous London School of Economics and  Political Science  which is well known for producing products who are undertaking far  reaching social and political engineering reforms in several countries  of the world” Dr. Joe Nwodo concluded

    Former Governor of Enugu State, Okwsilieze Nwodo  commended Dr. Azinge for this great feat.

    He said: “ This is a great honour and recognition by the first indigenous University in Nigeria which is also my Alma Mater

    Dr. Valerie Azinge is fully deserving of the award,  She is an erudite lawyer with a Ph. D,  She is a very brilliant lady and a sagacious politician

    “All these qualities she used recently in the discharge of  her duty as  Secretary to the just concluded National Conference.

    Valerie is a dutiful wife and a consummate mother, she is a bundle of talents waiting to explode. I thank the University of Nigeria for discovering her and showcasing her to Nigerian womanhood for emulation” Okwesilieze said.