The Ikeja Branch of the Nigerian Bar Association(NBA) did not earn its “The Tiger Branch” pay-off for nothing. The branch is known for its struggles in ensuring justice for the masses. In this interview with Adebisi Onanuga, the branch’s chairman, Mr. Monday Onyekachi Ubani, speaks on some issues affecting the ordinary Nigerian and the nation.
The federal attorney general chastisised lawyers for engaging in all sorts of vices, including making comments on matters that are pre-judicial and of corruption. What is your take on this?
It was an issue that came up during the annual general meeting on legal education, the issue of ethics, conducts such that even the president, Mr. Okey Wali (SAN)made a statement that he is not satisfied with the issue of nine months training and issue of ethics that is being taught in the law school. He said he would rather want a situation whereby the issue of ethics would be taught at the university level. Because if there is any profession that should pride itself with the issue of integrity, it is the legal profession. That if the legal profession loses integrity, just like salt, of what use is salt if it loses its taste. It is integrity that is of utmost importance to the attitude, to the conduct of a lawyer. If a lawyer begins to degrade that profession that is known as noble by engaging in corruption, by engaging in ambulance chasing, or other things like stealing client’s money, being fraudulent in their activities with people, then the Nigerian state will be in problem because everything is built and revolves around law and order and that profession must remain intact with the issue of integrity. So, I am at the same page with the federal attorney general that we must try as much as possible to sanitize the legal profession, get rid of the rotten eggs in the profession.
Those who made report against lawyers to NBA said the association don’t take their complaints serious and when they do it takes too long to get justice?
For me, the issue of those cases that have been reported to the NBA for disciplinary measures should not take up to five or six weeks to come to a conclusion or a verdict about them. There are certain things that must be put in place, that is, procedures and steps that can fast forward and hasten most of the trials of those who have been accused of professional misconduct. I believe that taking into cognizance the views of the new president that the issue of ethics and professional conduct should be taught at the university level, I am on the same page with that and that nine months is not enough for all the teaching of ethics and professional conduct of a lawyer. We should go to the university level, supervise it, and through the law school. We must also be very firm with the discipline of lawyers.
Corruption on the bench has been a contentious issue and reared its head again at the conference of the NBA. What is your take on this?
Now, that the NBA has taken up the matter and has started looking at it, it is a very good omen. We must start looking at it even from the branch level. All the judges in the state high court, all the magistrates in the state, we must begin to monitor ourselves. The lawyers must be monitored. The judges too must be monitored. And that also brings me into the issue of appointment of judges. What are the characters of judges that are being appointed? It was also observed at the NBA conference that most of the people who are being recommended for appointment as judges and magistrates, that the NBA and the branches must have an input in such appointment. We know ourselves. There are lawyers that we know their character and conduct. They are not supposed to be on the bench. They are not supposed to hold such position that is a position of trust, a position where they are supposed to determine justice and make pronouncements that will determine the fate of a man, that of life and death. So who becomes a judges or a magistrate is a close matter that should not be left at the alter of ‘I know him’ or ‘man-know-man’. A governor gets a letter or recommendation from a commissioner- oh my relation is a lawyer or is in the Ministry of Justice, make him a judge! Now the character and integrity of that person is not being examined, his conduct is not being examined. If you put such person whose conduct does not speak well on the bar, he is already known as a professional misfit! Somebody who is accused of professional misconduct and you take him and elevate him to the bench, he would continue with his attitude because nobody has ever punish him. So we must begin to look at integrity and the character of people we appoint into the Bench and make sure that they men and women of integrity and that they have honour trailing them as a trade mark.
How do you react to the statement of the President that he is the most criticised when taken up on the state of the nation?
I am happy that he knows that he is the most criticised but he also made a statement that before he leaves, he is going to be the most praised. We are looking forward to that. I think by next year, he would have spent about two years in office as the president. We are watching to see those things that he said he would do when elected president. Nigerians are expecting performance, not issues of authority. What is happening now is that most times, he makes decisions that are not in tandem with the people’s yearnings. He makes statements that are at varians with the promises he was making while campaigning for his election as the President. So, people would criticise when he does that especially in the issue of fight against corruption when he said he doesn’t give a damn if he doesn’t declare his assets. That statement is not in tandem with the posture of a man that says he wants to fight corruption. Openness and transparency is the hallmark of a man who wants to fight corruption. Now if you have something to hide and you want to fight corruption, then you cannot be successful in that fight. So, his utterances are one of the things that put him into trouble with Nigerians. Even his policies somersault, non-performance, slowness in action. There is no pronouncement he has made on any issue which he has carried to logical conclusion and most times in defence, instead of pursuing the real thing, he would be chasing shadows. Remember, when he first came in, the first statement he made was on the issue of elongation of tenure. That was the thing that engaged his attention. Whereas that was not what we elected him for. Then in January this year, remember he also removed subsidy which is contrary to the promise he made, even when the matter has not been reflected in the budget or debated by the National Assembly. So, many things that he does are the things that attracted the comments against him.
If you are the President, what will you have done?
If I have him, I would retrace my steps that I have taken which are making people angry because the bible says, “when the righteous is in power, the people rejoice”. So how come that he is in power and people are not rejoicing? People are very side, people are sighing. When his name is being mentioned, people get angry. He wasn’t that way in 2011 when he contested. Almost everybody loves him. Everybody was praising him. Now that he has won, it should be the time that people should be rejoicing but people are not happy with him because he is not doing what people expect him to do. So, let him change his ways. Let him begin to make the people feel that there is quality governance being giving to us as Nigerians. Once Nigerians begin to experience quality governance, people would now change their minds about him. So why people are criticising him is that they are not getting value for his leadership. The moment we begin to get value for his leadership, Nigerians will begin to praise him. I am hoping and I believe that what he said that ‘when he is leaving, he is going to be the most praised. Let us hope that when he leaves, Nigerians will begin to praise him.
There is a renewed agitation by various ethnic nationalities for regional autonomy and because of the state of the nation. Please what is your take on this?
When you say people are agitating, it is always as a result of not getting value in leadership and when they are not getting value in leadership, they must as human beings to think of what other ways do you think we can pursue in order to get happiness because the pursuit of every man is to be happy; to have good employment, enjoy the good things of life that God has given and then work and get paid for it. When you are not getting value, when you are not getting joy, when you are not getting happiness in the country where you are living because of inept and bad leadership, you now began to think of other ways you can adopt to begin to enjoy other things that you are being denied at this time by looking for, maybe, their own country or a change in leadership.or doing something that wopuld make those who are in the position of leadership to give you what you want. A lot of people are clamoring, look at the Bakasi people, the Ogonis are decalaring their own state or others because they are not getting what they are supposed to get in the polity. The polity is full of injustice, the policy does not guarantee their lives and their property. The polity does not give them employment, the polity degrade their environment, the polity does not in any way guarantee good roads for them. When they are sick, the polity does not guarantee them medical care. Whereas, their leaders go abroad for medical treatment, they go abroad for holidays to enjoy themselves. What I am saying is that agitations comes when people feel dissatisfied.
How do you see the attempt by some state governors to create their own state police?
I am in support of state police. But before they create state police, they should make the environment condusive. This because robbery, kidnapping and Boko Haram will not stop unless the economic conditions are such that people can pursue their economic interest unhindered, and get employment and three square meals in a day, live in a decent accommodation, have good roads, have good medical care, send their children to school with low amount of money. If these things are done, then those people that are criminals who refused to be properly socialised, then you now activate your legal system to take of them and they will be few. But when majority are sad and disgruntled or when majority are being meted with injustice, you have to employ almost everyone as a policeman to man the state. That is not too health. And so before we speak of the issue of state police which I am in support of, I want a situation where the economic condition of the country will be done in such a manner that everyone will be gainfully employed and the create happiness, create joy. Let there be statements from our leaders that will make the people happy. Economic policies, legal policies must be made for the people. Our leaders must always think about the people. Governance is about the people. The moment you take away the people and you bring economic and legal policies that are against the people, the people will always revolt. If you want to operate a real federal system, there is nothing wrong in having a state police because that is the way to go. Other countries have tried it and they have succeeded. The only way you can have an enduring security is for the people within that environment to be recruited into state police, funded by the people, employ people who knows the nooks and cranies and the criminals in the environment and pay them well so that they can fish them out. The problem we are having with the police in Nigeria is that thieves and robbers are being recruited.
The president, instead of reinstating Justice Isa Ayo Salami, asked for another term, the 5th one, for the acting PCA. What is your reaction to this?
This again is one of the reasons why President Jonathan is the most criticised because he does not do the right thing even when the law is very clear as to what he should do. He decided to listen to hi s political party members, he decided to listen to those who have held this country hostage and who did not mean well for this nation. It is a matter of regret that he doesn’t listen to Nigerians that voted him in. He doesn’t listen to those people he convinced that he doesn’t have any shoe that voted for him. So, as long as he does not listen to the people, as long as he does not obey the law, he would remain the most criticised. If he decides to reinstate Justice Salami, he would be on the side of history. But if he fails to do that, he would be in our history book as the man who claim to obey the rule of law but ended up doing the wrong thing because he is disobeying the law. He does not in any way respect the rule of law. It an albatross. Salami’s matter is an albatross on his neck. Until he does the right thing by reinstating him, not minding the cases he now mentioned are in court, those cases were there when he suspended him, so if he means well for Nigeria, he ought to reinstate him without looking at those cases that he is now pointing at. What is good for the geese is also good for the gizzard. You cannot approbates and reprobates at the same time. That is what the president is doing at this point in time. If he wants to be loved, if he wants to be respected as the President of Nigeria, let him do the right thing all the time. The best court is the peoples court. Nigerians have passed a verdict on President Jonathan as far as Justice Salami issue is concerned. Let him do the right thing, the moment he does the right thing and obeys the laws, Nigerians would respect him.
