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By the number of President Goodluck Jonathan’s beneficiaries of the flood disaster intervention fund, nearly all the thirty-six states of the federation are affected by the flood that had made further mincemeat of our disabled federal republic of Nigeria. Shamelessly, despite the billions of naira spent over the years on operation feed the nation, to build tens of dams and idle silos, to empower tens of river basin authorities and to run a bloated federal Ministry of Agriculture headed by bow-tie wearing Ministers, Nigerians should brace up for serious food crisis next year. Considering our disability in normal times, arising from corruption and incompetence of our political leaders, Nigeria once again showed her unpreparedness for any natural disaster.

From Bayelsa and Rivers states through Anambra and Delta to Kogi and Benue states, all the major food belt states abutting the over flowing rivers Niger and Benue, and several other adjourning states are having their days under the water. Several of the affected states were also buffeted by predicted intensive rain. As many internally displaced Nigerians affected by this calamity will confess, the idea of hell as only a burning fire may not be entirely correct. No doubt, for them, too much water can be hell also. Imagine an entire house, furniture, food, cars, books, electronics and even lives, submerged in water. You have everything today, and then suddenly tomorrow, the flood sweeps everything away and you become a beggar, in a country ruled by predators.

As the federal government’s 2013 budget proposal shows, no lessons have been learnt. The occupants of Aso Rock are determined to enjoy their second chance, apologies to Dame Patience Jonathan, as much as they enjoyed their first chance. They and their friends are still engaged in a feeding frenzy, budgeting nearly a billion to feed the families of Mr. President and the Vice President. While billions of naira was budgeted for power generators this year, several billions of naira is again budgeted for the same generators next year. Never mind that Mr. President promised to cut down on his wasteful travels; he has gone ahead to increase the budget for next year’s junketing. At the end of the day, the recurrent expenditure is more than 70per cent of the budget, leaving nearly nothing for capital expenditure; and yet promises were made in the past to reverse this trend.

Again shamelessly those who misled President Jonathan to disengage Professor Barth Nnaji, from his duty post at the Ministry of Power based on spurious allegations have quickly shared our common power patrimony amongst themselves. For them, the definition of conflict of interest must come with a prefix – applicable to others and not to us. While selling off the electricity distribution companies, they never bothered that some of the beneficiaries who offered to buy the legacy companies have serious questions to answer for their stewardship in power. Just like the infamy that underpins the several unsuccessful attempts to sell Nigeria’s telecommunications company, NITEL, this sale is likely to falter, and while the consumers suffer, they will go back to their beloved NEPA contracts, to continue to hemorrhage our common resources. For them, head or tale, they gain.

Most of the states affected by flood will be in for a huge shock when a report of how much has been spent to cater for the displaced persons is rendered. Many of the Governors and federal officials will use the opportunity of the flood disaster to further steal from the scarce state resources, and any talk about whether their conscience will prick them to do it right, is like hoping to stop rigging in elections. Unfortunately most of the Governors remain unaccountable to neither the state assemblies nor the people. For this group, the resources of the state are theirs to spend as they please. These are the group that use such abnormal words as ‘my money’, when referring to the money belonging to the state, and who treat their commissioners and state officials as errand boys. As recently exemplified in Kogi, a group of lawless members of the state house of assembly with the apparent connivance of the state Governor shamelessly in disregard of the constitutional provisions, purportedly sacked the Speaker of the state assembly and other principal officers.

The ordinary folks in turn borrow a leaf from their lawless power elites. For purportedly stealing sundry items, some idle and disgruntled people of Aluu community in Rivers state, turn themselves to jury and executioners, beating and burning to death, four young persons living in their community. Now that a film of the mindless murder is broadcast across the internet, the shame is that of every Nigerian, as the international community will be wandering, what manner of people inhabits this part of the world. Again the blood thirsty members of Boko Haram and their allies in the Northern part of the country are continuing their efforts to turn that area of the country to a waste land. From the Mubi Polytechnic to the churches and the streets, the mindless murders of innocent Nigerians remain their pride. Of course all these in addition to the ugly business of kidnapping in the Southern part of Nigeria.

In all this, the state security agencies remain overwhelmed. President Jonathan mimicking power and influence recently went to Mali to promise that the ECOWAS leaders will restore sanity in the northern part of that country. Yet he is unable to heal his own country of the same ailment. As the resurfaced President’s wife rightly said, there is a chance for a new beginning; and the way to go about it is to become sober and restore sanity to public governance; more so as nature’s fury seems on the rise across the world.

The criminal trial against three former employees of

Enterprise Bank who allegedly stole N419 million belonging to the Anambra State government has been stalled because of the absence of counsel to one of the defendants.

The suspects, Christopher Okoro, 32, Oyegoke Toba, 38, and Nene Flora, 35, were arraigned by the Special Fraud Unit (SFU), on March 20, before an Igbosere Magistrate’s Court, Lagos, on two counts charge of conspiracy and fraud under sections 409 and 406 of the Criminal Laws of Lagos, 2011.

The Prosecuting Superintendent of Police (SP), Frank Emerho, had, at the commencement of trial, told the court that the trio on January 26 and 27, at Ago-Iwoye, Onitsha, Aba, Minna and Lagos branches of Entreprise Bank Limited conspired with others at large to defraud the bank.

He said they withdrew N419 million from a state government’s account through the user name and password of another employee known to them and transferred the money into another customer’s account in other branches.

Emerho said the first defendant, Okoro, who was on suspension before he hatched the plot, happened to be the direct boss of the second and third defendants, as such, was privileged to have their user names and passwords.

The matter, which, according Emerho, has suffered several adjournments at the instance of the counsel to the second defendant, Ubani &Co., even as he decried the various reasons put forward by the counsel to delay proceedings.

He said: ‘’I want this court to take cognisance of the fact that majority of adjournments this case has suffered had been at the instance of the second defendant’s counsel. From March 20, we took a long adjournment to May because the counsel applied on health grounds, irrespective of the fact that they have about four counsels in their chamber.

‘’We have also had several other adjournments for one reason or the other from this same counsel, this time around, he chose this date and today, he is not hear. Only to send this letter that he was in the United Kingdom, his second was in the United States and the third counsel in his chamber had a case in another court. So, why was the fourth counsel not sent?

‘’My Lord, my concern in this matter is that I want to close my case. I urge this honourable court to proceed with trial so that prosecution witness five (PW5) can give his evidence. I have reason to believe that counsel to second defendant is trying to delay this case,’’ Emerho said.

Counsel to the first and third defendants who also expressed his displeasure at the way Ubani &Co. were foot dragging on the matter told the court that he was disappointed at the letter signed by one Joseph Igwe, a solicitor at Ubani’s law firm.

He said going by the fact that the second defendant’s counsel chose the third week of October for continuation of trial, it was only logical that he be present in court or he should have sent one of the two counsels in his chamber who did not travel abroad.

‘’I am utterly disappoint and will like to appeal to this honourable court to proceed with trial. My clients come all the way from Aba, Abia State, every time this case is to come up only for the second defendant’s counsel to bring up excuses for adjournment.

‘’From this letter, he did not even suggest an adjournment date. He only stated that he will not be available until first week of November and that any date from November 15, will be okay by them at which time the court would be proceeding on leave,’’ the lawyer said.

In her ruling, presiding Magistrate, F.O. Davies-Abegunde, held that it would amount to a bridge on the principle of fair-hearing should the court proceed without the second defendant’s counsel.

She said it would form a solid ground for appeal since there is constitutional provision that guarantees right to fair hearing.

Davies-Abegunde said since Ubani &Co., sent in a letter that they would not be available and appealed for adjournment, it was necessary that they be given the opportunity.

‘’They have said they will not be available until the first week of November and would be disposed to any date from November 15, by which time i will be on leave. In order to safe your clients the stress of coming to Lagos in November when the matter is not likely to hold, I think in fairness, you should consider a date in January.’’

The Magistrate adjourned the matter to January 16 and 17, 2013, for continuation of trial even as she mandated the second defendant to tell his counsel to make himself available.

The aim of every litigant who goes to court to redress a grievance is to reap the fruits of his judgment at the end of the day. However, when the very people whose duty is to ensure that a successful litigant reaps the fruit of his judgment are the ones that will constitute a stumbling block towards the realisation of this objective, it shows something is seriously wrong with the system.

In the Federal Capital Territory Judiciary, judgments of courts of competent jurisdiction are submitted to administrative officers in the headquarters for “approval” before they are enforced.

When the file is eventually “approved” real trouble starts for the successful litigant as officials in the enforcement unit will call the litigant or his counsel and tell him how much he will pay if he wants the judgment to be enforced. If for any reason the litigant fails to pay the amount he is told to pay that judgment will never be enforced as the file will simply be dumped in one corner of the office and forgotten there.

Sometime in 2009, I worked for a client who paid my fees but left unpaid a balance of N50,000. I took this client to the Chief District Court Gwagwalada where he admitted liability. He then paid N25,000 and refused to pay the balance of N25,000.

I was, therefore, compelled to apply for the enforcement of the judgment. To assist me in recovering a judgment debt of a paltry N25,000 I was told to pay N10,000 up front. I offered to pay N3,000 but they refused and insisted that it was either N10,000 or nothing. I refused to pay the money not only because there was no justification for paying it but also because I stood to gain nothing if I paid the money. This is because all the officers from the enforcement unit will do is to go to the house of the judgment debtor and seize whatever they can lay their hands on (say television set). They will then ask the judgment debtor to pay the judgment debt plus the cost of execution (10,000).

Thus, the judgment debtor will be asked to pay the sum of N35,000 if he wishes to have his seized television released to him. If the television was bought some years ago at a cost that is far below the N35,000 that he is required to pay, he may prefer to abandon the seized television set in the court and use the N35,000 to buy a new one.

The worst aspect of it is that the court officials who seized the property will not bother to sell it and at least recover part of the judgment debt. They too will simply abandon the seized property in the court and allow it to stay there and become useless.

This is because they lose nothing by allowing the seized property to decay. After all they have pocketed the sum of N10,000 which they never worked for. Indeed, I (the judgment creditor) would have been the eventual loser because I would have lost the sum of N10,000 without recovering the jugement debt.

This experience of mine is a mere child’s play when compared to what thousands of successful litigants go through every day in the hands of officials of the enforcement unit of the Federal Capital Territory judiciary.

To eject a debtor tenant from a single room in Angwan Dodo (gwagwalada) or any other part of the Federal Capital Territory judiciary, a successful litigant is required to pay a minimum of N25,000 (twenty five thousand Naira) to officials of the enforcement unit. This does not include the cost of hiring a van with which the debtor tenant’s property will be evacuated from the premises sought to be recovered.

As pointed out earlier on in this article, any litigant who fails to pay the amount impose on him by the corrupt officials of the enforcement unit will end up not enforcing his judgment.

There is no doubt that all the money being collected by these corrupt officials are unofficial. This is because they don’t issue receipt to anybody from whom money is collected. This means that they share the money among themselves.

What is not yet clear is whether the authorities of the Federal Capital Territory judiciary are aware of this horrendous practice going on right under their noses. Going by the impunity with which these officials operate, one has reason to believe that the authorities are not only aware but actually benefit from this monumental corruption.

This situation is very unfortunate and therefore requires urgent remedial measures.

For appropriate remedial measures to be put in place, one important question needs to be answered viz: is there any legal justification for the judgement of a court of competent jurisdiction to be submitted to any other person or authority for “approval”.

In Government of Gongola State vs Tukur (1989) 4NWLR part 117 page 592, the Supreme Court inter alia, hold as follows:-

Every judgment of a court must be obeyed and is effective from the date of its delivery or from such date as the judgment itself appoints.

In the case referred to above, the Supreme Court went further to explain that the method of enforcement of a particular judgment depends on the type of judgment. Thus a judgment for the payment of money may be enforced by writ of ferifacias (popularly called writ of fi-fa) garnishee proceedings, a charging order, a writ of sequestration or an order of committal on a judgment debtor’s summous.

A judgment for the possession of land may be enforced by a writ of possession, a writ of sequestration or a committal order.

A judgment for the delivery of goods may be enforced by a writ of specific delivery or restitution or their value, a writ of sequestration or writ of committal.

Finally, a judgment ordering or restraining the doing of an act may be enforced by an order of committal or a writ of sequestration against the property of the disobedient person.

In support of this position the Supreme Court cited sections 20, 24, 25, 35, 38, 44, 55, 52, 58, 65, 82 and 83 of the Sheriffs and Civil Process Act cap 407, laws of the federation of Nigeria 1990.

In the same case of Tukur vs Government of Gongola State (Supra) the Supreme Court equally pointed out that apart from the aforementioned methods of execution there are other recognised modes of execution viz: Decrees of dissolution of partnership and winding up of companies as well as adjudication in bankruptcy.

The Supreme Court ended the judgment by pointing out that outside these means of execution and some ancillary processes which aid them, there is no other form of execution.

What the foregoing means in my humble opinion is that there is no law in Nigeria today which requires the valid judgment of a court of competent jurisdiction to be submitted to any other person or authority for approval or for any purpose whatsoever.

What then is the rationale for this patently obnoxious practice in the Federal Capital Territory judiciary? It was suggested upon enquiry that enforcement of judgments in the Federal Capital Territory judiciary used to be automatic i.e judgments were enforced upon delivery by officials of the very court that delivered it. This was however allegedly abused by some corrupt officials who engaged in illegal executions. It was for this reason that the authorities of the FCT judiciary decided to centralize enforcement/execution by creating an Enforcement Unit.

In my very humble view, however, this cannot justify a situation where by judgments of courts are submitted to administrative officers for approval. If an official of any court is found to have engaged in corrupt practice by carrying out an illegal execution or enforcement, the most appropriate thing is to subject such an officer to the disciplinary measures available in that organisation. A problem is not solved by introducing an obnoxious or illegal measure.

If, therefore, the Chief Judge and the Chief Registrar of the FCT High Court do not know that monumental corruption has been institutionalised in the enforcement unit of the FCT judiciary (and this is very doubtful) their attention is now being drawn to this ugly situation. They need to do something very urgently otherwise the faith of litigants and other stake holders in the efficacy of the judiciary may be seriously eroded.

• Maraizu is the Principal Counsel Iheanyi Maraizu & Co, Legal Practitioners