Being text of a paper by former Chief Economic Adviser to the President, Chief Phillip Asiodu at the Mohammed Lawal Uwais Public Service Award lecture by the Nigerian Institute of Advanced Legal Studies (NIALS) in collaboration with the Nigerian Television Authority (NTA)
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‘Nigeria suffers from lack of vision, national goals’
I feel greatly honoured to have been invited to speak to you today on this very important subject. The Public Service and the Transformation Agenda: Redefining the Rules of Engagement. I thank the Director-General of the Nigerian Institute of Advanced Legal Studies, Prof. Epiphany Azinge and the Organizing Committee for inviting me.Severe Challenges Confront NigeriaThese are still very anxious times for most citizens of Nigeria. Massive challenges confront the country today – on issues of security of persons and property, political stability, economic growth and development. There are also the challenges of poverty alleviation, power infrastructure, education, health and the war against corruption. It is the role of the national leadership and the Government to address all these issues and to deliver services which will lead to improvements in the standard of living and quality of life of the general citizenry.The Public Service led by the Civil Service is the main instrument for implementing the policies and decisions of the Government. The members of the Public Service are often the only concrete manifestation of government for the citizens whether in the urban centres or in the remoter rural areas. The efficiency, effectiveness, conduct, fairness, integrity of the public servants often determines the citizen’s opinions about the Government. It is important therefore that the Government should clearly articulate and canvass its programmes and policies to enable the Public Service to commit to them and to deliver.The question immediately arises whether we have a new context for pursuing national development. President Goodluck Jonathan in his inaugural address to the nation pledged that he would provide a leadership that would be “decidedly transformative” in all critical sectors. He re-affirmed the commitment to Vision 20: 2020 first made by the Yar’Adua Administration. Vision 20 : 2020 was elaborated under the Present Administration, the goal being to make Nigeria one of the 20 largest economies in the world by 2020AD and meanwhile to ensure the achievement before then of the Millenium Development Goals (MDGs), a drastic reduction of the proportion of Nigerians living below the poverty line, and significant improvement in Nigeria’s HDI score. It was agreed to have three Implementation Plans for the realisation of Vision 20 : 2020 covering the periods : 2010 – 2013, 2014 – 2017, 2018 – 2021. The 2010 – 2013 was developed in full detail. Subsequently, the Jonathan Transformation Plan 2011 – 2015 was elaborated which is coherent with the 2010 – 2013 Plan and anticipates part of the 2014 – 2017 Plan.The Need for a Vision or Agreed National GoalsIt is a critical necessity for a developing country to be inspired by a Vision – which clearly articulates uplifting goals and objectives, especially in a country like Nigeria inhabited by a large number of different ethnic and linguistic groups organized into a Federation where the development and cohesion of the nation is still very much “work-in-progress”. The absence of such a Vision to which the leadership and all the people were committed largely explains the floundering and sub-optimal performance which Nigeria has suffered over the past three and a half decades.The philosophy and goals of the leaders of the struggle for Independence, the promise of pro-people programmes that would follow the attainment of Independence inspired the remarkable progress achieved in the decade before Independence and the immediate post-independence years. One should recall the very rapid expansion of educational facilities, the introduction of free primary education, farm settlement schemes, and the beginning of industrialization, the formulation and implementation of the First National Development Plan with the economy growing under the 1962 – 66 Plan later extended to 1968 at over 6% per annum.Unfortunately, there were serious political problems, particularly the longstanding demand of the minorities in the three regions of North, East and West for three separate states, one in each Region.In January 1966, some elements in the Nigerian Army carried out a coup d ‘etat which ended Civilian Rule and the First Republic in January 1966. Political parties were proscribed and their assets confiscated. However, the coup makers failed to capture power. The rest of the Nigerian Army rallied round the G. O. C. Gen. Aguiyi Ironsi. We would never know if the coup makers had worked out a coherent long term programme for running the country and if they had beforehand identified a corps of convinced and dedicated persons who would execute the programme. There is no evidence that was the case. Certainly, the Military Administration of Gen. Aguiyi Ironsi which assumed power had not planned the coup and had no programme to be implemented on seizing power. Similarly, the coup of July 1966 which ended the Ironsi Administration and which installed the Gowon Administration was not inspired by a desire to implement any carefully articulated Plan for national development.What Type of Public Service?Fortunately for Nigeria, the Ironsi and Gowon Military Administrations left intact the professional, non-partisan, disciplined, merit-driven Civil Service developed over decades by the British Colonial Administration similar to the Civil Services inherited at Independence by the older Dominions like Canada, and Australia and never ones like India, Pakistan, Ghana, Jamaica, Trinidad and Tobago, etc.We may recall that the type of Civil Service suitable for Nigeria was discussed during the Constitutional Conferences leading up to Independence. The British Government representatives had recommended to the Nigerian leaders the British system. In January 1954, after careful consideration, the Nigerian leaders of the political parties in government and in the opposition, Dr. Nnamdi Azikiwe (NCNC), Sir Ahmadu Bello (NPC), Chief Obafemi Awolowo (AG), Mallam Aminu Kano (NEPU) and Prof. Eyo Ita (UNIP) signed the following joint-statement:“We fully support the principle that all public service questions including appointments, promotions, transfers, postings, dismissal and other disciplinary matters should be kept completely free and independent of political control.We hope that the traditional principle of promotion according to qualifications, experience, merit, without regard to race will be maintained”.The British Ministers had advised that “It would be disastrous to have a Civil Service under the control of the Executive, and for appointments to change according to the turn of the political wheel would lead to instability. In some countries such a system had proved nearly fatal”.So it was that during the crisis years of 1966 – 1970 of two military coups and the Civil War, Nigeria had a Federal Civil Service which had authority. Its morale was high. It was confident, professional, competent, non-partisan, disciplined, non-corrupt and much respected. It was dedicated to the service of the people generally. The Civil Service was able to :•Maintain day-to-day orderly administration of the country despite the escalating confrontation and defiance of the Federal Military Government by the Eastern Region Military Government;•Organize the campaign to rally the rest of the country to support the Federal Military Government in its desire to maintain one united country;•Insist on and eventually persuade the Military Authorities to invite well-known political leaders of the country into the Government to give credibility to the Government, ensure the people’s support and assure the external world that the Federal Military Government was not a military tyranny. Thus Chief Awolowo, Chief Enahoro, Mallam Aminu Kano, Chief J. S. Tarka, Mr. Wenike Briggs, Mr Okoi Arikpo and others were brought into the Government;•Plan and co-ordinate the required diplomatic effort to maintain the support of the UN, OAU and of nearly all sovereign countries for the Federal Government;•Organize the resources and logistics to enable the Federal Army grow from under 10,000 men to over 200,000 men and to prosecute the War;•Develop the 3Rs Programme (Rehabilitation, Reconciliation and Reconstruction) to address the immediate Post Civil War situation; and•Develop and launch the 1970 – 74 Plan.There is an attempt at the beginning of the 1970 – 74 Plan to suggest the adoption of some national objectives or ideology. Five principal national objectives are indicated :(i)A united, strong and self-reliant nation;(ii)A great and dynamic economy;(iii)A just and egalitarian society;(iv)A land of bright and full opportunities for all citizens; and(v)A free and democratic society.One must also give due credit to the competence and resourcefulness of the Regions’ Civil Services, particularly the Eastern Region Civil Service.In 1970, Chief S. O. Adebo, who was the Chairman of the Salaries and Wages Review Commission stated in his Report : “We have earlier referred to the arduous responsibilities which the Civil Service shoulders. We have suggested that it is on its creditable performance as a flexible modern machinery for the management of complex programmes that the survival, stability, progress and development of Nigerian society ultimately depend. This thesis has been amply borne out by our national experience over the last decade and does not require further elucidation”. Chief J. O. Udoji, The Chairman of the Public Service Review Commission also said : “It is fitting here to state our appreciation of the achievements made by Nigeria’s public servants, especially over the last 14 years. ………”.The 1975 Overthrow of the Gowon AdministrationThe 1975 coup which overthrew The Gowon Administration may have been planned over a considerable period but again the planners did not develop beforehand a long-term plan for economic development and growth, or for continuing the task of developing and strengthening the Nigerian nation by pursuing concrete uniting and integrating programmes. However, the Murtala Mohammed / Obasanjo Administration which succeeded Gowon implemented three measures which have impacted negatively on governance and the development and cohesion of a Nigerian nation :1. Whereas, the creation of 12 states in May 1967 on the eve of the declaration of Biafran Secession was meant firstly, to address the old demand of the Middle Belt Movement in the North and the Calabar-Ogoja-Rivers State Movement in the East to complement the creation of the Mid-West Region in 1963, and secondly, as a strategic imperative to contain Biafran Secession Attempt, the 1975 division of the country into 19 states pandered to the desire of some influential sectors for dividing and sharing the national cake, not for baking it. The rapid expansion of oil production and with it the OPEC – led dramatic increases in oil revenues accruing to oil producers made it possible to indulge in this pre-occupation with sharing oil revenues while paying less attention to genuine development and growth of the economy. The formula for the allocation of federally collected revenues (more than 85% of it from oil and gas taxes) – 50% allocated in equal proportion to each state and 50% on the basis of population encourages the demands for further creation of more states.2. The traumatic massive purge of about 10,000 officials over a period of two months, without due process, involving officials from the rank of Permanent Secretary to the class of messengers being retired or dismissed, including some obvious leaders and role models, some without any terminal benefits or pensions destroyed the professional, non-partisan, fearless, prestigious, merit-driven Civil Service and Public Service inherited from the British Colonial Administration. In the process, the nation lost a great deal of institutional memory and valuable international connections.The more senior ones, who inspired by the ideals of the Pre-Independence movement and the patriotic commitments of the leaders of the First Republic, were still energetic in suggesting and developing policies, programmes and projects and who also imbued as they were with the old core values would be able to provide some checks and balances were swept away. The suffering, including the pre-mature death of scores of officials affected by the purge fuelled the resort to “make hay while the sun shines” an obvious euphemism for corruption which now threatens the future of the country.3. The new Administration abandoned the implementation of the 1975 – 80 Plan with its great promise of creating the basis for economic diversification and industrialization. Some very significant new projects were embarked upon while some properly costed Plan projects were aborted or not started. More destructively the discipline of planning was abandoned.This set the stage for the economic stagnation and the degradation of infrastructure, educational, health and other sectors over the next two and a half decades despite the fairly high level of oil revenues compared with the Pre- Civil War situation. The statistical data clearly illustrate this. Indeed the growth rate in the decade up to 1999 averaged only 2% per annum, while the population was growing at 3% per annum.The woes of the Civil Service were compounded by the promulgation of Decree No. 43 of 1988 which politicized the Civil Service. Under it the ministers, transient as they often were, could hire and fire civil servants; the functions of the Independent Public Service Commission were transferred to the ministries; the Minister replaced the Permanent Secretary, now re-styled Director-General, as the Accounting Officer of the Ministry. Although repealed in 1995 the great damage done to the Public Service under the decree still afflicts the Service.Vision 20 : 2020 And The Jonathan Transformation AgendaAfter the death of Gen. Abacha in 1998, democratic rule was hastily restored with the election and installation of Chief Olusegun Obasanjo as President in May 1999. Towards the end of his second term Goldman Sachs published a Report which listed Nigeria amongst 10 other countries, and which suggested that if Nigeria pursued all the right policies and achieved international competitiveness she could become one of the 20 largest economies in the World by 2025. The other countries are Bangladesh, Egypt, Indonesia, Iran, Korea, Mexico, Pakistan and Turkey. We should note that even in this list we are No. 7. In adopting the target of the Report, the Nigerian Authorities brought the date nearer by 5 years to 2020!As I indicated earlier, the Government had prepared and launched the 1st Implementation Plan 2010 – 2013, otherwise called the 5th National Development Plan. This is now superseded by the Jonathan Transformation Agenda 2011 – 2015.Transformation implies a complete change in form or character. I have described at great length the present situation in Nigeria and how we arrived there in order for us to appreciate the enormity of the tasks before us in undertaking the revolutionary changes required to achieve the desired transformation. The Jonathan Administration emphasizes “The need for a holistic transformation of the Nigerian State” and the imperatives of “continuity, consistency and commitment”. In launching the Transformation Agenda the Government states that “The Transformation Agenda which is based and draws inspiration from the NV. 20 : 2020 and the 1st National Implementation Plan (NIP) aims to deepen the effects and provide a sense of direction for the current administration over the next four years. The Agenda is based on a set of priority policies and programmes which when implemented will transform the Nigerian Economy to meet the future needs of the Nigerian people”.The Transformation Agenda as you all probably know envisages total investment of N40.75 Trillion in the period 2011 to 2015 broken down as follows :Public Sector 60% – N24.45 TrillionPrivate Sector 40% – N16.30 TrillionWithin the Public Sector, Federal Government is expected to invest N12.86 Trillion while the States and LGAs will invest N11.5 Trillion. The bulk of the funding required must come from abroad. Such funding will flow in only when Nigeria has successfully addressed all the issues which will make her internationally competitive and these are mainly issues of good governance.The Agenda has set out very good programmes and projects for human capital development, health sector, labour and productivity, the main growth sectors of agriculture, manufacturing, oil and gas, power, transportation, housing, ICT, FCT, Niger Delta, etc.However, the Government quite rightly states : “Nigeria’s inability to decisively tackle most development challenges such as poverty, unemployment, security, and deplorable state of infrastructure has been largely attributed to bad governance in all its ramifications. These include political governance, economic governance, corporate governance and effectiveness……….During 2011 – 2015, the policies and programmes directed at addressing governance challenges will focus on the public service, security, law and order; the legislature; anti-corruption measures and institutions; the judiciary; economic co-ordination; and support for private investment”. I am quoting from a publication of the National Planning Commission.Generating Commitment and Enthusiasm for the Transformation AgendaI am sorry to observe that the vast majority of Nigerians are not aware of the Transformation Agenda – its contents and what it means for them now and in future. I am also not so sure how well the civil servants and the public service in general and even our legislators know the details of the Transformation Agenda. It is very necessary for the Government to give effective and sustained publicity to elicit the ‘buy-in’ of the general citizenry.The Transformation Agenda and the subsequent Implementation Plans for Vision 20 : 2020 should be publicized and canvassed continuously in many fora all over the country – in schools, universities, work places, barracks, professional societies, civil service clubs, social clubs, until the goals, objectives, targets, strategies, the sustained hard work and consistency required become accepted by the generality of our people. Vision 20 : 2020 can and should be made the nation’s rallying anchor for years to come, transcending conflicting partisan interests just as the promise of Independence was a uniting anchor despite the partisan clashes before 1st October, 1960. Indeed such a general commitment and buy-in by various stakeholders will put added pressure on the Public Service and other Agencies to deliver.The President and national Leadership should find ways of continuously communicating to the general public their commitment and enthusiasm for the Transformation Agenda. I shall repeat some of the suggestions I made at another forum recently. Vigorous and disciplined implementation of the Jonathan Transformation Agenda, as well as leading the PDP and the nation to embrace all the aspects of good governance will launch Nigeria irreversibly on the path to unity and greatness. However, there are immediate difficult things which must be accomplished :· The present post – 1998 political parties formed even more hastily than those in 1979 have no roots in past political parties and usages. They have not yet articulated long-term party visions for Nigerian Society or the Federal Country which they seek to administer. Most of our new politicians are not aware of the self-sacrifice, the patriotism, the idealism, the promise and commitment of the pre-independence politicians to improving the welfare of the broad masses after Independence nor do they know about the discipline and self-restraint required in managing the lean resources of pre-oil Nigerian. I mean no offence. No fault of theirs. Most of the comments on the past in our media since 1966 have been self-denigrating and abusive of the national psyche.Let us remind ourselves that throughout British Colonial Rule the annualrevenue of the Government never exceeded £40 million. It was underBalewa after Independence that it reached £50 million, and it rose to £100million in the 2nd year of Gowon’s Administration and by then we werealready engulfed in the Civil War. You can then try to imagine how frugallypublic funds were managed when you consider that the ports of Lagos,Warri, Port Harcourt, and Calabar, the 4000 miles of railways, the telegraphlines which crisscrossed the country from North to South and East to Westthe good schools which mine and earlier generations attended and fromwhich we went direct to the best British, American and other universitieswere all developed with such meager resources!· The political parties and the party system have to be re-invented and re-engineered to become patriotic responsive vehicles for promoting the general welfare of all citizens and national greatness. They must adopt and believe in clear manifestos and programmes to promote national progress. Indeed, it will be desirable for all of them to base their programmes on Vision 2020 and let partisan competition and differences be on how best to achieve Vision 2020 and loftier goals beyond. Indeed, achieving the targets contained in Vision 20;2020 may take us beyond 2025. What is important is to embark earnestly on its implementation. The political parties must become effective organs for selecting and disciplining candidates for positions in the executive and legislature all of them subscribing to the same policies and programmes for moving the nation forward. Only such re-engineered political parties can help the President and his successors in achieving Vision 20;2020 and good governance.· The current epidemic of competitive corruption, and excessive greed amongst the political class and our elites in appropriating national resources to themselves must be stopped immediately.· The President should lead the nation to adopt and live with more realistic national remuneration scales for all those paid from the public purse. Nigeria’s per capita income is only N300,000 per annum. I would suggest the following maximum figures for aggregate remuneration (basic salary + allowances) per annum– President N30 million. Governors N25 million. Head of National Assembly, Judiciary, and Federal Ministers N24 million.· Proportionate reasonable adjustment of these figures down the various hierarchies.· Enhancement of present relative positions of certain groups like teachers.· Cost effective, transparent public procurement. Over 200% inflation of costs have been reported in some instances these days.· Return to the old values of patient, disciplined life-time career progression as opposed to the current craze to achieve billionaire status, if possible, before the age of 35.· Above all, a far-reaching rationalization of the Ministries and Agencies of Governments taking into account the Oronsanye Report. There must be a drastic reduction in the cost of governance at Federal, State and Local Government levels. Let us remind ourselves that the Federal Government of USA is run through 12 Departments (our equivalent of ministries) and no American State has more than 6 persons of the status of our state commissioners. Here some states have more than 24 Commissioners and scores of Special Advisers and Special Assistants.If above suggestions are strictly implemented, we would be aiming for target resource allocation of at least Recurrent to Capital ratio of 45 Recurrent, 55 capital, compared with the ratio of 74 Recurrent, 26 Capital in the Federal Budget of 2012. Considerable resources will then be freed to be invested in Education, Power, Transportation, Health and other priority sectors in pursuance of the Transformation AgendaWe must recall the example of Balewa, the Regional Premiers, and all the Ministers, who in 1962 at the launching of the 1962 – 68 National Plan took 10% cut in their salaries to signal the need for national savings to help finance the Plan. That measure brought the salary of a Federal Minister below that of a Federal Permanent Secretary!I should add that in the First Republic, the salaries of a Professor, Federal Permanent Secretary and Federal Minister were about equal. A Federal Legislator who was part time then earned about 1/3 of the Minister’s figure. Compare the position today!The Private Sector in Nigeria also needs to improve corporate governance and to rein in excessive Executive Greed. Some of the charges in court against some bank managers, for example, made me extremely sad.A few constitutional amendments would also be useful. There should be provision for independent candidates. Some outstanding independent candidates will get elected and help to improve the calibre of members in the legislatures. Consideration should be given to increasing the membership of the State Assemblies to make it more difficult for state governors to direct and manipulate the State Assemblies. They should not be full time but have two sessions of 2 -3 months each a year. Their salaries and allowances should also be drastically reduced to free resources for capital investments. The Federal and Regional Legislatures before Independence and during the First Republic -1960 – 66 were part time.The 774 Local Governments recognized under the 1999 constitution are too many. Many of them are too small to be able to deliver their constitutional services unlike the situation before Independence and the First Republic where you had Local Governments like the Lagos City Council, the Kano Native Authority, and the Benin Native Authority etc. which were large enough and had the resources to maintain professional and technical departments, able to deliver good services in health, educational, and public works sectors. In our present circumstances of very atomized LGAs consideration should be given to enabling several LGAs to be grouped in viable catchment areas to establish competent Technical Boards funded equitably per capita by the co-operating LGAs to deliver services in sectors such as Educational Inspectorates, Teachers Commissions, Public Health Services, Rural Roads etc. There is no time to go into other desirable re-organization details to ensure service delivery.It is very necessary and urgent for the Government to continue the reforms towards the re-establishment of a greatly improved, re-organized, re-oriented, re-motivated, continuously trained and re-trained professional, non-partisan, empowered, well-remunerated, non-corrupt, investor-friendly Civil Service which is merit and productivity driven. This is to enable the Government deliver.Can Nigerian leaders and citizens rise to these challenges and do what is necessary to save the country? Let us recall some achievements in the past :· The achievements in the vast improvement in the provision of education for children, the establishment of plantations and farm settlement schemes and initiating industrial development under Regional Self-Government in the late 1950s and the First Republic up to 1966.· Despite the dire predictions of the doom of genocide and lynching which would follow the defeat of Biafran Secession, Nigeria surprised the world with the success of its programme of Rehabilitation, Reconciliation and Reconstruction under the 1970 – 74 2nd National Plan.· The impressive average annual growth rate of 6%+ from 1962 – 1966; and after the Civil War, the average annual growth rate from 1970 – 75 of 11.75%.· Supposing even after removing Gen. Gowon, his successors had continued with the disciplined implementation of the 1975 – 1980 3rd National Plan, and if under subsequent National Plans, 10%+ average annual growth rate was maintained for the next two decades, Nigeria would have escaped from poverty and under-development and would today be an African Lion or Tiger amongst Asian Tigers.Other Initiatives For Promoting National IntegrationBesides economic growth and improving welfare for all citizens there are other initiatives a patriotic leadership can take to foster national integration. Supposing following up on the early successes of the National Youth Service, the Nigerian leadership was able to introduce a Language Policy to foster national integration? This people like me would have urged on the patriotic nation-building listening leadership which we had then but for the termination of the Gowon Administration by the coup of July 1975. Such a policy would require each child to learn to read and write the local language where he is born. By the age of 10, the child begins to receive his instructions in English. The new policy would be that by the age of 12 or 13 when he or she enters a secondary school, he/she has to make a choice. If he is in the North, he must choose one Southern Language which he will be taught to speak, read and write. The chances are that the child will choose either Ibo or Yoruba. In the South, the child will likely choose Hausa as a Northern Language which he will be taught to speak, read and write. All secondary schools will have the necessary language departments.The upshot of this policy will be that within 15 to 20 years all educated Nigerians (like the Swiss) will, apart from their local language and English, be able to communicate in one or more Nigerian languages. With the ongoing inter-action and cultural exchanges and the pressures of globalization, you can imagine the situation among our children and grand children twenty years hence. Such a policy should be implemented after careful detailed consultations and preparation.Reform and Repositioning of the Civil ServiceA great deal of effort and resources have been devoted since 1999 towards reforming and repositioning the Civil Service and the Public Service generally to enhance service delivery. External organizations such as the World Bank and The British Government DFID are supporting some of the programmes. Many workshops and training programmes have been conducted and are continuing.The Bureau of Public Service Reforms (BPSR) was established in 2004 as a central coordinating office for reforms of the Civil Service. SERVICOM (Service Compact With All Nigerians) was also established to monitor ethics and efficient service delivery. More recently, the Government has adopted a National Strategy for Public Service Reform which we are informed will lead to the creation of a “world class Public Service, delivering government, policies and programmes with professionalism, excellence and passion”. The NPSR has three phases 2011–2013, 2013 – 2016 and the final phase 2016 – 2020. What is important is that the efforts will be intensified to achieve :· Effective and fair Governance of the Civil Service;· Organizational efficiency and effectiveness;· Professional and result-oriented civil servants;· Ethical and accountable workforce with a positively changed work culture;· Improved competence and capacity; and· Knowledge based workforce.It is critically necessary at this stage of Nigeria’s development to return to a merit-driven Public Service. The Federal Character principle should not be used to prevent it. It is better at the point of recruitment to stretch the net as wide as possible to ensure as much widespread representation of areas and communities as possible. But every candidate recruited must meet the minimum pre-set qualifications. After recruitment, there must be training at various stages and good career planning to be undertaken by the greatly improved Human Resources Management Departments being developed. Once in the service promotion and advancement should be strictly on the basis of merit and productivity. The practice of transferring junior less experienced and not so competent officials from outside organizations and other services to become bosses of their former seniors after contrived promotions in such external organizations must not be allowed.It is also important to implement a Remuneration and Rewards system for the public service that will attract the best talents. That was the situation in pre Independence days. As far back as 1955, the British Government adopted the principle of “comparability with private enterprise rates”. The USA adopted the same principle in their Federal Salary Reform Acts of 1962 and 1964. This principle could be applied in formulating the more realistic national remunerations which I recommended earlier.We were informed in a recent seminar of many significant milestones already attained in the ongoing Civil Service Reforms. Unfortunately, the image of the Civil Service and the Public Service amongst the citizens is not good. This may not be the fault of the Public Service. It does not operate in isolation. At the end of the reform process, the civil servant must earn and acquire a new image – that of a friendly, helpful, prompt, competent servant of the people who is pro-investment and is a willing midwife to the birth of new productive enterprises and to wealth creation. He must discard the image of the arrogant intimidator or of the corrupt extortioner. It is then that he can help to deliver the desired Transformation Agenda.Need For A Call To OrderTo the outsider, the pace of the conduct of national affairs appears lethargic. There is a prevailing mood of insecurity and uneasiness amongst the general public, I believe that there is need now for a dramatic “Call To Order” by Mr. President that the leaders of all sectors of government and society must try to undergo the necessary drastic change of attitude and embrace all the aspects of good governance which entails :· The Rule of Law;· Efficient and prompt administration of justice;· Predictability, objectivity and consistency in government measures;· Respect for the sanctity of contracts;· Abandonment of the pursuit of self-enrichment as the motive for seeking political leadership and office;· Zero tolerance for corruption and the prompt application of adequate sanctions against offenders including seizure of all properties corruptly acquired;· Efficient and timely service delivery by all government agencies;· Return to planning and submission to the discipline of planning, respecting pre-determined priorities in the utilization of national resources;· Return to the principle of collective responsibility of government; and· Entrenchment of merit and the pursuit of excellence as a core.The Government should also embark on effective and sustained publicity of the Transformation Agenda – what it means for all of us and why we should all support it and participate in delivery where we can. Nigerians are governable. The people need to be mobilized so that the Transformation Agenda can be achieved.I thank you all for listening to me patiently.CHIEF PHILIP C. ASIODU, CONABUJA12TH SEPTEMBER, 2012 -

Failure of trial court to be addressed by parties on issues of non-suit …
IN THE SUPREME COURT OF NIGERIA HOLDEN AT ABUJA ON FRIDAY, JANUARY 20, 2012 BEFORE THEIR LORDSHIPS
WALTER SAMUEL NKANU ONNOGHEN JUSTICE, SUPREME COURT
JOHN AFOLABI FABIYI JUSTICE, SUPREME COURT
SULEIMAN GALADIMA JUSTICE, SUPREME COURT
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE, SUPREME COURT
SC.70/2005
BETWEEN
1. KWASI KARKARI ADESEI
2. JAMES ADJEI ….APELLANTS
AND
JOHN ADEBAYO
(Substituting the deceased,) ….RESPONDENT
AMOS ADEBAYOJUDGMENT(Delivered by Mary Ukaego Peter-Odili, JSC) By a writ of summons and statement of claim filed by the respondent to this appeal at the Gboko High Court against the appellants as defendants claiming the following reliefs:(i) A declaration that he is the sole proprietor of the School called Gboko International Nursery and Primary School.(ii) An order of the court directing an audit of the school finances between January 1995 till judgment.(iii)An order directing the defendant to refund any unaccounted moneys spent by them.The appellants as defendants at the HighCourt entered appearance to the suit ofthe respondent and filed a joint statement of defence and counter-claim against the respondent. In the counter- claim of the appellants, they claimed the following reliefs:(i) That the defendants are the founders of Gboko International Nursery/Primary School and as such entitled to be declared joint owners of the said school;(ii) A declaration that the plaintiff is an employee of the Defendants as nominal proprietor of the school(iii) An order directing the plaintiff to render account of the differences of N11,000 and N33,000 which he did not bank as directed by the school.(iv) An injunction restraining the plaintiff by himself, heirs, servants, agent or whosoever from further interference with defendant’s smooth administration of the school.(v) Any other order(s) this Honourable Court may deem fit to make in the circumstances.The brief facts as put forward by the appellants and which were not far from the findings of the two courts below are that the appellants are Ghanaians resident in Nigeria and sometime in October 1991, founded a school called Gboko International Nursery and Primary School. The appellants subsequently invited the respondent in 1992 to join them in the running of the school, when they had problems with the Benue State Government.Somewhere along the line the respondent went to the Gboko High CourtAt some point the parties amended their pleadings at the High Court before the pleadings of the parties were finally settled.The matter proceeded to trial and the learned trial judge delivered his judgment on October 14, 1999 and non-suited the plaintiff/respondent’s claim as well as the defendant/appellant’s counter-claim. In the non-suiting, the trial judge had not given the parties opportunity to be heard before the order of non-suit. The respondent and the appellants being dissatisfied appealed and cross-appealed against the judgment of the trial judge to the Court of Appeal, Jos.The Court of Appeal sitting in Jos in a judgment delivered on March 19, 2003 allowed the appeal of the respondent and dismissed the cross-appeal of the appellants. It is against the decision of the court below, Jos that the appellants have appealed to this court by a notice of appeal filed on June 17, 2003.On the 25/10/11 date of hearing the appellants through counsel Sylva Ogwemoh adopted their joint brief of arguments filed on 15/1/2010 and deemed filed on 18/1/2010. In the brief were crafted two issues for determination viz:(i) Was the Court of Appeal right to have dismissed the cross-appeal of the appellants after having found as a fact that the order of non-suit made by the trial court was made without an opportunity given to the parties to be heard on the issue of non-suit?(Ground 6 of the Notice of Appeal).(ii) Was the Court of Appeal right to have entered judgment in favour of the respondent on the totality of the evidence before the court? (Grounds 1, 2, 3, 4, and 5 of the Notice of Appeal).The respondent, through learned counsel, A. G. Ayua adopted their filed on 8/3/2010 and also adopted the issues as formulated by the appellants.Learned counsel for the appellants along the issues couched submitted that the Court of Appeal ought not to have dismissed the cross-appeal after holding that the non-suit order of the court of trial would not stand the order having been made without taking addresses from counsel on the issues of non-suit which that court had raised suo motu. He cited:Craig v Craig (1966) ALL NLR 165 at 169;Osayi v Izozo (1969) ALL NLR 150 at 152;Anyaduba v NRTC Ltd (1992)5 NWLR (Pt.243) 535 at 559 – 560.He went on to say that the failure of the trial court to hear the parties on the issue of non-suit before it was made amounted to a breach of the fundamental constitutional right to fair hearing as guaranteed order section 36(1) of the Constitution of the Federal Republic of Nigeria 1999.For the appellants was further contended that the Court of Appeal in an apparent exercise of its powers under Section 15 of the Court of Appeal Act, Laws of the Federation of Nigeria, 2004 entering judgment in favour of the respondent was a decision not deserved or supported by available evidence. That the court of Appeal clearly substituted its own views on the facts for those of the trial court. That the interference with the findings was erroneously made. He referred to the cases:Ebba v Ogbodo (1984) 1 SCNLR 272;Balogun v Agboola (1974) 1 AUNIR (Pt.2) 66;Nwosu v Board of Customs & Exercise (1988) 5 NWLR (Pt,93) 225;Nneii v Chukwu (1996) 10 NWLR (Pt.378) 265;Ajadi v Okenihun (1985)1 NWLR (Pt.3) 384;Oroke v Ede (1964) NNLR 118;Ngwu v Onuigbo (1999) 13 NWLR (Pt.636) 512 at 523;Ogbechie v Onochie (1988) 1 NWLR (pt.70)370;Oyewole v Akande (2009) 15 NWLR (Pt. 1163) 119.On their own part learned counsel for the respondent submitted that the Court of appeal was right to have dismissed the cross-appeal of the appellants herein. That the court below was also right to have exercised its powers under Section 15 of the Court of Appeal Act, 2004 in reviewing and re-evaluating the evidence of the parties before the trial High court and at the end dismissed the counter-claim and found for the respondent to whom, the Court of Appeal amended the judgment and upheld the respondent ownership claim to the school subject matter of the dispute. In support learned counsel had cited several cases viz:J.M.Din v African Newspapers of Nig. Ltd (1990) 5 SCNJ 209 at 217;Asafa Foods Factory Itd v Alraine (2002) 10 NSCQR (Pt.1) 553;Dabup v Kolo (1993) 12 SCNJ 1 at 10;Adeyemi v Olakunri(1999) 12 SCNJ 224;Chief A. a. Fagunwa v Chief N. Adibi {2004}7 SCNJ 208;Balogun v Akanji (1988) 2 SCNJ 104; S.15 Court of Appeal Act, 2004.Having stated the summary of the submissions of counsel either way, I would like to start with a. brief excerpt of the judgment of the trial court which is as follows:“In the situation at hand since none of the parties who claimed ownership exclusively of the other has established such ownership I should dismiss their claims but I have seen that such a final action by the court will work hardship on the parties because a dismissal of an action raises certain estoppels. I think the ideal (sic) order to make is an order of non- suiting which is a final decision of the court to the effect that none of the parties has won.”On that decision the Court of Appeal in refusing the non-suit had this to say:“The requirement that counsel should be heard before an order of non-suit is made is no longer merely desirable. It is not only prudent but important. The consequences of failure to hear the counsel before an order of non-suit is made is that the order non-suiting the claim would be set aside, except it is very obvious and incontestable on the evidence before the trial . court and the law applicable therein that an order of non-suit is the only order it would make in the case in the exercise of its discretion.”From the above and what was before the court of trial and later at the Court of Appeal were undisputed facts that the appellants herein established the school sometime in 1991 and being Ghanaians, the Benue State Government under its Ministry of Education had it closed as an illegal enterprise based on improper constitution of the indigeneity of the proprietors.To survive as an establishment the appellants in 1992 invited the respondent to partner with them under the guise of his being a teacher and also to sign and put forward his name as proprietor, he being a Nigerian. The school functioned with these disparate configurations and not surprising one party and this time, the respondent took a writ of summons claiming sale ownership. The conclusion of the trial court clearly stemmed from a difficulty on this partnership where each party claimed sale ownership and nothing else, which situation brought about the non-suit of the trial court without first getting a hearing in that regard from the parties.On appeal, while acknowledging and rightly in my humble view that failure of the trial court to be addressed by the parties on the issue of non-suit which that court raised suo motu was fatal to the order.This court had laid down this rule from way back and it still remains the position. See Craige v Craig (1966) ALL NLR 165 at 169; Osayi v Izozo(1969) ALL NLR 150 at 152; Anyaduba v. NRTC ltd(1882) 5 NWLR (Pt. 243) 535Getting the matter of the question raised in the second issue as to whether the Court of Appeal was right to have granted judgment in favour of the respondent and awarded him the sole ownership of the property in the face of the available evidence and the clear findings of the learned trial Judge in that regard. The Court of Appeal had held as follows:“However, on the totality of the evidence before the court, in particular the evidence of the plaintiff/appellant who gave evidence asPWl, PW2, PW4, PW6 and Exhibits 1, 2, 4, 5,6A, 6B, lOA, lOB lOD, lOE, 11, 16 and even 18,18A, 18B, it IS my view that the plaintiff/appellant proved by preponderance of evidence that he is the sole proprietor of the said school. In that regard, I think the cross- appeal lacks merit and is accordingly dismissed.In the final analysis, the main appeal by the plaintiff /appellant succeeds and it is hereby allowed … Judgment is entered for the plaintiff/appellant in terms of the reliefs claimed in paragraph 18 of the amended statement of claim filed before the lower court.”From what the Court of Appeal did it is easy to see not only that he interfered with the evaluation and findings of the trial court without justification since what was on ground did not bear out to the path chartered by the Appeal Court and to the conclusion it came to. I see it necessary to quote the salient part of the judgment of the court trial in contradistinction to what happened on appeal and it is thus:“The plaintiffs’ claim that the old school which was In existence was closed down by Government and that the school as it now exists was solely established by him. I see this attempt as an effort by a drowning man to save his head. The evidence before me does not support that assertion. Presently the name of the school is the same, the operators are the same and there is no evidence that the school actually ceased functioning at any particular time. Moreso that Exhibit “18B post dates the period of the blacklisting of the school and all other activities in the running of the school in which the defendants participated post dated the period the school was blacklisted.From all I have stated so far in this judgment and from the entire evidence before the court in this proceedings it is not difficult to deduce a joint ownership of the school by the plaintiff and the defendants. Accordingly it is my opinion based on all the contributions made in the establishment and the running of the school Gboko International Nursery/Primary School as exposed by the entire evidence before me I do not agree with the plaintiff’s claim that he is the sole owner of the school. I also do not agree that the defendant own the school exclusively of the plaintiff. I see evidence of joint ownership as between the plaintiff and the defendants unfortunately all the parties are so selfish that none of them pleaded joint ownership of all the parties to this suit.”The Court of Appeal had fallen into certain error as entering into the trial of the case when it went on its own evaluation of the evidence including ascribing probative value to the evidence of the witnesses, a domain of only the trial court. See Ogbeche v Onochie (1988) 1 NWLR (Pt.70) 370; Ovewole v Akande (2009) 15 NWLR (Pt.1163) 119; Ebba v Ogbodo (1984) 1 SCNLR 272; Nneji v Chukwu (1996) 10 NWLR (Pt. 378) 265.The court below finding for respondent came from wrong premises as that court allowed itself to be persuaded that because the documents of re-application for the re-opening of the school bore the name of the Nigerian associate, of the appellants and that is the respondent, the respondent above must be the single owner. The court cannot ignore the relationship between the parties and how they came to work together. There must be a holistic appraisal of how the institution came to be and that the trial court made a good showing of.The morality or rightness of the arrangement between the parties is not what is before court, all that is the concern of the court is that there was joint ownership and then what next.In conclusion therefore since none of the parties had made a claim even if in the alternative upon which a clear relief can be rested the only option is a declaration that the appellant and respondent are joint owners of the school subject matter of this dispute.From the above and the fuller details of my learned brother, N. S. Ngwuta JSC I allow the appeal and order that the school is jointly owned by the parties.I abide the consequential orders in the lead judgment.REPRESENTATIONSylva Ogwemoh, Usman Mohammed Enesi, Albert Attah Agada for the appellant.A. G. Ayua for the respondent. -

Fanfare, prayers as Lagos begins new legal year
Lagos State yesterday began the new legal year amid fanfare and prayers. Religious services were held at the Cathedral Church of Christ, Lagos and at the Central Mosque.
After the services, the Chief Judge of Lagos, Justice Ayotunde Phillips inspected a guard of honour mounted by the police at the High Court, Igbosere.She led the judges, who were dressed in their red flowing ceremonial gowns, to inspect the officers who thrilled the crowd with their synchronised marching steps.
Governor Babatunde Fashola (SAN), speaking at the mosque, said the socio-economic problems facing Nigeria has placed more challenges on judges, as they interpret the law.“Our country is at a crossroad and is facing enormous challenges that put to test our self-governance and nascent democracy,” he said.
According to him, laws are made for society’s good as regards national security and protection of lives and property, adding that the judiciary contributes in the working of the laws.“Our success depends on the success of the judiciary,” he said. Fashola cited the state’s new road traffic law, saying: “If there is traffic problem, a worker will not be able to get to his work timely. If he stays unduly in traffic, it will affect his health.
“We work with the lawmakers to create law for good governance, so we should do justice no matter what it takes.”He urged the judges to dispense justice with fairness. “You should give your judgment and do justice and ensure that nobody is unjustly punished. You are economic engineers, how quickly justice is dispensed with will definitely lead to several development. A lot is expected from the judiciary arm of government,” he said.
Delivering a sermon at the Cathedral, Archbishop of Ecclesiastic Province of Lagos, Anglican Communion, Rev Adebola Ademowo, said the alleged killers of Cynthia Osokogu must be brought to justice.
He said: “Nigeria has become a place where human life is no longer respected. In this country today, people feel they can do what they like but it is your duty as judges to interpret the law and make sure that such persons are brought to justice.
“I am just waiting to see what will happen to Cynthia’s killers. I am keenly interested and waiting to see what will happen to those guys because they should be heavily penalised.”The cleric urged the judges to be uncompromising, independent and fearless in the discharge of their duties.According to him, justice and righteousness are intertwined, adding that a good judge would never pervert the course of justice.
“It is the duty of the judge to uphold the integrity of the judiciary, to serve as the voice of the voiceless and the hope of the common man”, Ademowo said.
The cleric prayed God to heal the land, and asked for grace on the judges to do what is right always. He asked that God protects the judges, and that no evil should befall them.
He prayed that the legal year be successful, and that Lagos would continue to achieve greatness in all areas. For Justice Phillips, he prayed: “Your tenure will be peaceful, and you will experience monumental achievements.”The judges, magistrates, Senior Advocates of Nigeria (SANs) and other lawyers, all robed, song hymns as their chorus reverberated around the large cathedral.
The Chief Imam of Lagos State House of Assembly mosque, Alausa, Alhaji Abdul-Lateef Abdul-Hakeem in a lecture, urged the government to establish a marriage registry that would conduct marriage for Muslims in accordance with Islamic laws and tenets.He said such marriage registry should be empowered to issue marriage certificates that would still give room for Muslims who wants to take second wife to do so in line with their faith.
Abdul-Hakeem pointed out that the present arrangement is an injustice to Muslims desirous of a second or more wives. He urged the government to create an enabling environment for children of Muslims to wear school uniforms sewn in conformity with their faith, saying that what is in existence now only favoured a section of the society.
He said: No school should be allowed to teach a child what is against the religion of his father. We want our children to wear uniforms that would take care of our religion.
“Christians are satisfied with what their children wear to school. We also want to be satisfied with what our children wear to school”, he said, adding that this is the only way to ensure peace and harmony.Alhaji Abdul-Hakeem however commended the state government for implementing Section 38 of the Constitution which allows Muslims that wish matters affecting them to be settled in accordance with Islamic faith to do so in the courts.
Alhaji Abdul-Hakeem remarked that Nigeria is a multi-religious society and that “any attempt to break us will fail. Some people are created to appear the way God created them and in accordance with their faith.“The earlier we grant them that freedom, the moment we would reduce tension in our society”, he said.Vice-chairman, Muslim Lawyers Association of Nigeria, Lagos branch, Mr. Shakirullahi Obale read the Quran chapter 38 Vs 22-26 which admonishes judges to dispense justice with fairness and without fear or favour.
Senior Special Assistant to the governor, Alhaji Abdul-Hakeem Kosoko recited the special Dua(supplication) to usher in the new legal year.Chief Imam of Lagos State, Alhaji Akinola Ibrahim recited a special prayer to Allah for the release of the missing television presenter, Alhaji Rasaq Gawat.
Lawyers spoke on their expectations in the new legal year. Chairman, Nigerian Bar Association (NBA), Ikeja branch, Mr Onyekachi Ubani, said he expected the judges to show more consideration to lawyers.
He said: “We want to see an improvement in the administration of justice. We want a situation where lawyers will not be frustrated when they are in court.
“If a magistrate or judge knows he or she is not going to be around, there is nothing wrong in calling the lawyers ahead to inform them not to bother coming to court. We want to see a justice delivery system that is sensitive.“Lawyers must show respect to the bench and there must be reciprocal respect being shown to the lawyers. I expect a cordial relationship between the bar and the bench in the new year and I’m praying that nobody will die.
“All of us will stay strong and administer justice in the temple of justice for our clients, for the society and for the country as a whole.”
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‘We will run an inclusive administration’
Inaugural speech by Okey Wali (San) on assumption of office as President of the Nigerian Bar Association on August 31, 2012.
It is most indecent for declarations and campaigns to be on, even before the inauguration of the recently elected National Officers. Let me warn, that I am a stickler for rules, and so will stick to the rules and expect all to stick to the rules. Nobody, I repeat, nobody, would be above the rules, and any breach willhave appropriate consequences. Hear me and hear me well, you will be disqualified, if you get involved in any electioneering campaigns beforethe National Executive Committee of the National Bar Association officially permits campaigns in 2014.It is a matter of discipline, and one of the focal points of this administration shall be a war against indiscipline. We saw a lot of it during and after the elections and it must not be allowed to continue. The elections are over and we are now to turn to the very serious business of running the Nigerian Bar Association. As stated earlier, we will run an all inclusive administration, all hands must be on deck, so let us channel all energies towards tackling these myriad of problems confronting our association and ofcourse our country Nigeria.On behalf of the Nigerian Bar Association for whom by the special grace of God, I have today the 31st of August, 2012, become the official voice, I say a big thank you and congratulations to my worthy predecessor President Joseph Bodunrin Daudu, SAN, for a job very well done. You have shown leadership in the past two years, a strong, focused, fearless and determined leader. These are the hallmarks of a great leader, I give you the Nigerian Bar Association’s debt of gratitude, but you know we are not about to let you go, we will now, more than ever, continue to require your experience and services and I trust, that knowing you as I do, you will not walk away. We thank you, your wife and children. We appreciate the enormity of your sacrifice, particularly the search light on the family in the last two years that is part of the price for public service. May God almighty bless and reward you all.Let me pay particular tribute to past Presidents and Leaders who have continued to support the Nigerian Bar Association, we will be standing on your shoulders to move the Nigerian Bar Association forward. Besides your contributions at the National Executive Committee meetings, Annual General Conference and private advise, we will establish an Elders Forum, consisting of past Presidents, Past General Secretaries, past Chairmen of Body of Benchers and such other Elders to be nominated by the President of the Nigerian Bar Association. We no doubt have our ideas on the way forward, as encapsulated in my 10 point agenda, but they are subject to your modifications, and we shall commence with a Bar Leaders summit on the future of the Nigerian BarAssociation, slated for September 20th at a venue to be communicated to the attendees. Attendance shall be strictly on invitation.I hereby set up the committee to organize the said summit1. Chief Solomon A. Awomolo SAN — — Chairman2. Mr. Dele Adesina SAN ——— Member3. Mr. Donald C. Denwigwe SAN— Member4. Mr. Hassan Liman SAN ——— Member5. Mrs Nella Andem- Rabana SAN— — Member6. Mr. Victor Grant ———— Member7. Mr. Ibrahim Eddy Mark ……… Member8. Mr. Tony Azebi ……….. Member9. Mr. Adamu Turaki ……. Member10. Mr. Lema S. Wali ……… Member11. Mrs. Linda Bala …….. Member12. Mr. Andy Odum …….. Member13. Dr. Mrs. Ogugua Ikpeze —-—— SecretaryThe caliber of the membership of this committee should convey the importance we attached to this summit. We recognized the fact that quite a number of our colleagues have issues on the way they want the Bar to go, this will therefore be an opportunity for us to come together and deliberate on the future of the Nigerian Bar Association. This Association belongs to all of us.TEN CARDINAL POINT AGENDAMy vision is to move the Nigerian Bar Association forward and my programme of action as encapsulated in my 10 Cardinal Point Agenda are as herein under listed.a) Branch Capacity Buildingb) Professionalizing the Secretariatc) Financial Responsibilityd) Human Capacity Buildinge) Institutional Synergy with Regional and International Organizations, Bar Associations and Law Societies.f) Human Rights Programmeg) Anti-Corruption Crusadeh) Uplifting Professional Standardsi) Criminal Justice System and Access to Justicej) Robust Legislative AdvocacyIn this there are three major tasks:-i) Welfare of our colleagues. The welfare of our colleagues shall be paramount. We will run a Bar that cares and is felt by its membership, whilst ensuring that the best traditions of the profession are maintainedii) A watch dog or Gate keeper for the Nigerian People, we shall definitely intervene on any issues, if and when we believe that the ship of state is adriftiii) Justice sector reforms will be kept in the front burner.Let me quote a worthy successor, as a former secretary and former Chairman of Port Harcourt Branch of Nigerian Bar Association and currently Honourable Attorney General and Commissioner for Justice, Rivers State, Honourable Worgu Boms in his memo to the 26th President of the Nigerian Bar Association at page 31 in the Guardian of Friday, August 24th 2012.“Law practice needs to be better organized and more well structured than it is now. For instance, How many lawyers are in practice in Nigeria? What minimum standard should be approved for a place to be called a law firm or chambers?Why should it take equally Donkey years, as in litigation, to discipline a lawyer who has been reported to the Disciplinary Committee”For me these are some of the fundamental issues in our Justice sector and my 10 point cardinal agenda very clearly deals with those issues.The rot in the society is obviously sipping into the profession, but this must not be allowed to continue. We shall take deliberate and determined steps to stem the tide. More disciplinary Committees will be set up. A situation where lawyers with pending disciplinary matters are elevated, even up to taking silk and judicial appointments cannot be right and must stop. In addition to ensuring that disciplinary matters are heard and determined promptly and adequate punishment meted out, we will ensure more education on professional ethics. Besides continuing legal education for lawyers, we will take steps to ensure that professional ethics is taught as a core subject in the Universities, as a few months of teaching professional ethics at the Nigerian law school is obviously not enough education on professional ethics.We have seen that so many cases of professional misconduct are sometimes, out of ignorance. From dress code, professional confidentialities, fiduciary problems to outright lack of integrity. As a lawyer, your integrity must be your greatest asset, lose it or do not have it, and you have nothing and you are not worthy to be a member of this honourable and noble profession. We will be interfacing with the Federal Ministry of Education and the National Universities Commission on this all important issue. We must return to the best traditions of the Bar and like I said to my colleagues while seeking this office, if I achieve the return to the ethos of the Profession as President, I will walk away a fulfilled man at the end of my tenure as president of Nigerian Bar Association. This is why I have repeatedly called this the focal point of my administration.Many branches suffer from chronic funding problems. The National Executive Committee of the Bar can start to address this problem by ensuring that all Branches receive a larger percentage of the practice fee remittance paid by the Supreme Court, based of course, on the percentage payments of their members. We shall ensure and enforce the requirements of the Rules of Professional conduct that every legal practitioner MUST be a member of a Branch and pay his practicing fees on or before the 31st of March. We shall encourage branches to notify us of members practicing in their areas of jurisdiction who are in default and we shall take necessary steps to prosecute them before the Disciplinary Committee. We shall persuade the leadership of the judiciary to refuse audience to practitioners who refuse to pay practice fees. The membership and other dues accruing to each of our Branches in the Federation resulting from this policy shall no doubt strengthen the branches.A lot of human rights programmes will be designed to complement existing programmes, while strategic impact litigation will be encouraged. There will also be more emphasis on undertaking of pro bono cases and lawyers will be issued certificates of participation in pro bono cases and due recognition and award for such enterprise shall be proposed to Nigerian Bar Association- National Executive Committee.The evil effects of corruption on the national economy and by extension, the welfare and happiness of peoples of Nigeria, are well known. No efforts would therefore be spared in the quest to win the formidable battle against this monster. The framework for our Anti-Corruption Programme on the national scale would include but not limited to the following focal points, promoting the independence and institutional efficiency of anti-corruption institutions, promoting constitutionalism and the rule of law in the fight against corruption, professional ethics and code of conduct for lawyers, anti-corruption advocacy and Monitoring and impact Assessment.A strong Bar can only thrive in a strong country, so we will pay adequate attention to, how our country Nigeria is being managed or mismanaged. There is no disputing the fact that this country is too endowed with human and material resources to be where it is, and so all arms of Government, by that I mean, the Executive, the Legislature and the Judiciary must be alive to their responsibilities and need to very urgently get their acts right. The Bar under my watch, shall be alive to its responsibility to the people of this great nation as a watch dog, and defender of the rights and interests of the citizens.There is too much insecurity and abject poverty in the land, and this is totally unacceptable to us. Security of life and property is the most fundamental responsibility of Government and so this is the least we expect from any Government and so Government cannot continue to look helpless, on this all important issue. That said, let me very quickly add that this country belongs to all of us and so everybody, the Bar inclusive, must contribute its quota in identifying problems and ensuring that they are solved. The Nigerian Bar Association under my watch, will not only be fault finding, we will also be solutions finding. We will therefore on a date and venue to be determined, hold a Nigerian Bar Association summit on the state of security/insecurity in our country, stakeholders within and outside the Bar, will be part of this all important summit on the security challenges facing our dear country, for we are all involved. Similar summits will be held on other typical challenges facing our country Nigeria.I hereby set up a committee to organize Nigerian Bar Association summit on peace and security in Nigeria as follows:1. Mr. Okey Amaechi SAN —— Chairman2. Mr. Jubril S. Okutekpa SAN — Member3. Mr. D. D Azura ——— Member4. Mr. Uche Awa ———— Member5. Mr. Taiwo Taiwo ——— Member6. Mr. Ebitu Akpedia —— Member7. Mr Oladotu Babatunde ———— Member8. Mr. Usman Shehu …….. Member9. Mrs Nkoye Amah ———— Member10. Mrs. Nnenna Uko ———— Member11. Mr. Chinwe Aguma ——— Member12. Mrs. Tessy Eghe-Abe …….. Member13. Miss Fatima Hassan ———- SecretaryMy experience as the Alternate Chairman of the Legislative Advocacy working Group of the Nigerian Bar Association, showed that the National Assembly needs the assistance of the Nigerian Bar Association in carrying out its functions, and they have infact, said so on our visits to the National Assembly. We will do just that. The National Assembly is the hallmark of democracy, its not only about, justice sector bills, its about making of good laws according to international best standards, and also understanding their functions as a check on the executive arm of Government. We will urgently ensure the furnishing of the office space graciously provided by the National Assembly for the Nigerian Bar Association, at the National Assembly Complex and staff same for ease of interaction and working with them. We will constitute a large and strong Legislative Advocacy Working Group when we constitute committees in November but because of the on going review 1999 Constitution of Federal Republic of Nigeria for which I have an invitation to attend a retreat as the president of the Nigerian Bar Association on the 6th of September, 2012 and considering the leading role the Nigerian Bar Association is expected to play in the said exercise, I hereby constitution review as follows:1. Mr. Olisa Agbakogba SAN ——— Chairman2. Mr. Joe Agi SAN ………. Member3. Mr. Femi Falana ……. Member4. Mr. Festus Okoye ……. Member5. Dr. Garuba Tetengi …… Member6. Dr. M. A Abukakar …….. Member7. Mr. Eze Onyekure ……… Member8. Mr Innocent Chukwu …….. Member9. Mrs. Hauwa Shekarua …… Member10. Mr. Joseph Otteh …… Member11. Mrs Usaina Adamu Aliyu ….. Member12. Mr Seun Abimbola ——SecretaryTHE JUDICIARYThe judiciary like they say, is the last hope of the common man. Our task shall include ensuring that the judiciary is well funded, the constitutional provision that the judiciary should be independent and self accounting, is unfortunately observed more in the breach. This cannot be right and must stop. We will take most seriously, the responsibility of the Bar to speak for the Bench.A lot has been said about corruption in the judiciary, for me, I hold the view that the judiciary in this country, in the main, is populated by men and women of high integrity, though a few bad eggs have successfully tainted very badly the image of the judiciary. We will not be involved in class condemnation. My challenge to my colleagues is that we know the bench more than any other segment of the society, stop grumbling my noble colleagues, identify corrupt members of the judiciary and be bold enough to report such cases to the Nigerian Bar Association, in addition to the National Judiciary Council and anti corruption agencies. My undertaking is that we will ensure that such corrupt officers are shown the way out. They are a very potent threat to the survival of this profession and so we must delete them before they delete our professionLet me seize this opportunity to reiterate the Nigerian Bar Association’s long standing demand, that we become a part of the filtering process of the appointment of judicial officers, either from the Bar or from the Magistracy. We know our colleagues better, this is no ego tripping, it is about ensuring that the best amongst us get on the bench, rather than do this, what we get is some rule of the National Judicial Council that excludes members of the Bar on the National Judicial Council from participating on such issues. As is the practice in other jurisdictions, we will insist that the list of prospective appointees to the bench be sent to the Nigerian Bar Association for our input.We shall seek the co-operation of the judiciary towards the establishment of a Bar/Bench forum, at the National and State levels, so that as a family we will address issues affecting our dear family, the legal profession.VACANCIES IN THE EXECUTIVEDuring the last elections, no officers were returned for the offices of the National financial Secretary and Assistant National financial Secretary and it is the practices that these vacant offices will be filled by the National Executives Committee meeting in November 2012, the past country vice president of Fida, our own Mrs Stella Ugboma, at the President’s dinner last Monday evening had requested me to ensure that both slots be reserved for ladies. My dear past Chairperson of the Nigerian Bar Association Women Forum, you spoke my mind, as I had already informed members of my Cabinet at our elected officers meeting, that I will be advising the National Executive Committee to cede those officers to ladies. I hope that the ladies add more grease to their elbows next time, because I know that there are many competent and active Barmen amongst the ladies, infact working with fida in the past, I know that, that is a production line for seasoned administrators.APPLICATIONS FOR HOSTING RIGHT FOR CONFERENCE AND NATIONAL EXECUTIVE COMMITTEE MEETINGSLet me call for applications from our branches of the Nigerian Bar Association for the hosting of meetings of the National Executive Committee of the Nigerian Bar Association for the tenure of this Administration and for the hosting of the 53rd Annual General Conference in August 2013. From my experience in running the 2011 Annual General Conference in Port Harcourt, I am acutely aware of the importance of starting early, so I intend to set up the conference planning committee and resolve the issue of the venue for the 2013 Annual General Conference at our first National Executive Committee meeting in NovemberCONCLUSIONIt is believed that the passionate will to accomplish a dream is 50 percent ingredient towards its realization, with clear vision and ability to persevere in the face of odds and frustration, claims the remaining half. I, being naturally a man of consummate willpower, undimmed vision and unflagging tenacity, I am well poised to give all it takes, in order to realize the above-stated great goals of repositioning the Bar and reforming the administration of justice in general. My desire is to leave the Nigerian Bar Association much better than I met it and God willing, we will.I appreciate your attention.Thank You and God bless us all.Long Live the Nigerian Bar Association.Long Live the Federal Republic of Nigeria.OKEY WALI, SANPRESIDENT NIGERIAN BAR ASSOCIATION31ST OF AUGUST 2012 -

Scarcity bites harder as filling stations go dry in Lagos
Fuel supply situation in Lagos got worse yesterday with more filling stations closing shop to business. There were long queues that caused traffic jam at the few ones that solid product.
Some motorists who spoke to The Nation said they had to leave their private vehicles behind and commuted to their offices and business premises in public transport.
Apart from the distribution constraints being experienced as a result of the Arepo fire incident which affected a major supply line, the fuel scarcity situation, it was learnt, is made worse by the refusal of oil marketers to resume importation because the Federal Government owes them N200 billion in unpaid subsidy that accrued from fuel imported since last year under the Petroleum Subsidy Fund (PSF) scheme.
Our correspondent also gathered that members of the various oil marketing groups including the Major Oil Marketers Association of Nigeria (MOMAN), Depot and Petroleum Products Marketers Association (DAPPMA), Independent Petroleum Marketers Association of Nigeria (IPMAN), and Jetties and Petroleum Tank Farms Owners of Nigeria (JEPTFON) have refused to import in fuel despite the truce it reached with the Federal Government last month after they threatened to go on strike over non-payment of their outstanding subsidy debt.
The oil marketers said the government owed them N200 billion since last year, which is threatening their business and forcing them to cut down their workforce. The group had last month given the government seven days to pay up or face nationwide strike. The government quickly entered into dialogue with them and made a part payment of about N42 billion but it was gathered that government’s efforts didn’t pacify them and they continued to boycott importation.
Executive Secretary of JEPTFON Enoch Kanawa, told The Nation that it doesn’t make sense to continue importing and doing business at a loss. He said business is currently so bad that some member-companies are working on their human resources to see how to reduce their workforce. He said interest on loans from banks continue to pile up, payment of staff is becoming very challenging as well as maintenance of the depots.
The oil marketing groups said they control 90 per cent of functional facilities and market share of the downstream sector of the petroleum industry and the loans they got from banks attract interest charge of N3.7 billion per month.
The Nigerian National Petroleum Corporation (NNPC) in a statement said it has taken measures to end the scarcity being witnessed in Lagos and some parts of the country.
The Acting Group General Manager, Group Public Affairs Division of the Corporation, Mr. Fidel Pepple, said the fuel shortage is due to the shutdown of system 2b, a major pipeline that evacuates between nine to eleven million litres of fuel from Lagos to Ibadan, Ilorin and the north due to serious vandalism by oil thieves a couple of weeks ago.
Pepple said to alleviate the problems resulting from the shutdown of the pipeline, the NNPC has stepped up distribution through tankers. “As I speak, we have raised the daily supply of fuel from Folawiyo tank farm from 150 tankers to 250 tankers, MRS from 100 to 200 tankers, Capital Oil up to 300 tankers, NIPCO up to 70 tankers and AITEO up to 100 tankers.”
He noted that fuel delivery and supply to Port Harcourt, Aba and Calabar has also been augmented saying that bridging to the North has equally enjoyed robust supply adding that as at lastThursday, the NNPC had 32 days sufficiency of petroleum products.
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‘Paralympic gold medallists are true heroes’
The Nigeria Paralympic Committee (NPC) has described paralympic gold medalists as true heros.
It praised President Goodluck Jonathan for the national honours and the monetary gifts to members of the paralympic team to the London 2012 Paralympic Games.
The six gold medalists were given N5 million each and national honours of Member Order of the Niger (MON).
The five silver medalists received N3 million, while the two bronze medalists bagged N2 million each for their outstanding performance at the Games.
Those who participated but could not win medals were also given N500,000 each.
The Committee’s Secretary-General, Dr Frank Thorpe, told the News Agency of Nigeria (NAN) in Lagos on Monday that that gesture by the president was encouraging.
He said the fact that the committee would be invited to participate in a national retreat to appraise Nigeria’s participation in the Olympics Games would be a departure from past practice.
“The President has shown that he is a man of the people, of grassroots. When he hosted us (Paralympians) in 2010, I was there and when he was coming in I was trying to clear the disabled athletes to move so that he can pass, but he said ‘no! no! don’t touch them; I will find my way’. It is good to have character.
“And that single act he did always push me to work hard; it’s not easy working with these people; but for a president to show compassion, it shows understanding and that gives us the strength to continue.
“The whole programme was highly elating and I was very happy; all the athletes and officials were very elated. The monetary aspect was there; but beyond that; the recognition.
“He said during the programme that he was going to have a retreat that would involve all stakeholders. That has never been done before. So, I think we are charting a new path.
“All these ‘fire brigade approach’ we’ve been doing has not worked well. We have done well, but other countries are preparing seriously for Rio Olympics; so we shouldn’t be left behind.”
Torpe appealed to all stakeholders to ensure early preparations for international competitions to enable the country’s representatives to perform well as other countries.
He said the committee would like to introduce other sports, in which the country had potential.
He, however, said that the committee would need the right infrastructure to be able to prepare the athletes well.
In a statement in Abuja, a pro-democracy group, Conscience Nigeria, said Jonathan heeded the call by Nigerians for him to reward and honour the paralympians.
The Executive Director of the NGO, Mr Tosin Adeyanju, described the president as a “humble and listening leader’’.
It noted that by the gesture, the president had encouraged the physically challenged sportsmen and women to do more in their career.
Adeyanju said: “The honour will no doubt go a long way to revive the sports sector and restore its lost glory.
“We are delighted by the President’s timely response; Jonathan deserves commendation from well meaning Nigerians.
“We are particularly happy that the president listened to our call that the Paralympians be given national honour, while the team as a whole is rewarded for excelling.’’
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How to ensure judicial independence, by lawyers
Chief Justice Aloma Mariam Mukhtar has expressed her displeasure over the increasing erosion of judicial independence, pledging to reverse the trend. How can she do this? Some lawyers proffer tips in this report by Adebisi Onanuga, Eric Ikhilae and Precious Igbonwelundu.
he judiciary is expected to be an institution that is beyond reproach. Sadly, like the other arms of government, it is caught in the web of corruption, misuse of power and arbitrariness plaguing every segment of the society. Rather than seize the independence that democracy offers, by virtue of the twin principles of separation of power and rule of law, the judiciary seems to have chosen to swim with the tide. In the process, it fell in to the morass which the political leadership has since sunk.An ideal judiciary, in every democracy, is a bulwark against executive and legislative excesses and helps to uphold the rule of law. To effectively perform these roles, the judiciary must operate as an independent and impartial arbiter, held in high esteem by the people.Unfortunately, the Nigerian judiciary has over the years continued to be the opposite of an ideal judiciary. This development has resulted in the total erosion of all vestiges of judicial independence guaranteed by the Constitution. It has led to instances where judicial officers give no regard to their codes of practice, despite the various noble provisions aimed at guiding against abuse.For instance, the preamble to the Code of Conduct for Judicial Officers provides: “Whereas an independent, strong, respected and respectable Judiciary is indispensable for the impartial administration of Justice in a democratic State;“And whereas a Judicial Officer should actively participate in establishing, maintaining, enforcing, and himself observing a high standard of conduct so that the integrity and respect for the independence of the Judiciary may be preserved.”Also, in seeking to embolden judicial officers in the conduct of their businesses, the Constitution provides that: “The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, and pressures, threats of interferences, direct or indirect, from any quarter or for any reason. There shall not be any inappropriate or unwarranted interference with the judicial process, nor shall judicial decisions by the courts be subject to revision.”Despite these provisions, the judiciary is still striving to achieve a level of independence expected by the people. Instances still abound where respect for judicial pronouncements are not subjected to the discretion of the executive, judges tenure of office, financial security and appointment are dependent on the executive.For instance, while the nation’s judiciary’s highest decision making body, the National Judicial Council (NJC), asked that the suspended President of the Court of Appeal, Justice Isa Ayo Salami, be recalled, the executive has refused, hiding under some excuses.Under President Olusegun Obasanjo, court decisions were subjected to “executive interpretations,” and the government became notorious for choosing which court decision to obey. Some of such decisions included the voiding of the purported impeachment of former Oyo State Governor Rashidi Ladoja and the Supreme Court decision in the seizure of Lagos State’s council funds by the Presidency.Issues preceding the exit of Justice Aloysius Katsina-Alu as the Chief Justice of Nigeria (CJN) and the growing erosion of judicial independence have prompted the quest for a fundamental reform in the judicial sector.This realisation, no doubt, informed the lamentation, last week, by the CJN, Justice Aloma Mariam Mukhtar over the increasing attack on judicial independence by the executive; she pledged not to condone interference of any sort.The CJN, at the an event marking the commencement of the 2012/2013 legal year and the inauguration of 25 new Senior Advocates of Nigeria at the Supreme Court in Abuja, was quoted as saying “the judiciary under her watch will serve as a check on other arms of the government by interpreting the Constitution to determine their “extent and scope of powers and whether any action of any arm of government transgresses such limits.“It is the judiciary which has to ensure that the law is observed and that there is compliance with the requirements of law on the part of the government. Our courts should be independent and subject only to the Constitution and the law, which they apply impartially, without fear, favour and prejudice. Without judicial independence, there can be no preservation of democratic values.”Observers are of the view that it is not enough for the CJN to speak, by to follow same with actions. They observed that while the CJN was silent on instances of such interference, she also seemed not to be interested in building on the foundation for judicial reformation initiated by her predecessor.They noted that Justice Dahiru Musdapher sent a bill to the National Assembly at the twilight of his tenure, indicating about 52 areas of amendment to the Constitution, in an effort aimed at revitalising the court system.They identified practices that threaten judicial independence and encourage interference in judicial process. Some of these include the process of appointing judicial officers, funding of the judiciary, the subjection of judges’ discipline to executive assent, security of tenure and corruption.They contended that the current practice where the executive plays a major role in judges’ appointment makes it difficult for the emergence of courageous and independent- minded judges. They argued that it would be difficult for a judge, whose appointment was influenced by a serving governor, to be impartial in deciding cases involving the governor or in which he has interest.On security of tenure, observers argued that the unresolved Justice Salami case serves as a pointer to any serving judge that, at the instigation of the executive, one could be thrown out of his seat no matter how innocent of any allegation he/she is.They argued that a situation where funding for the judiciary is left for the executive to determine; where the Constitution requires the same executive to provide infrastructure for the judiciary and where the judiciary, mostly at state and local government levels, rely on the executive for the provision of basic necessities can hardly encourage independence, because he who pays the piper dictates the tune.The said the major threat to judicial independence is corruption, arguing that the situation becomes helpless in a society like Nigeria with a code of moral ethics and ethos that drive the national aspiration.To them, in a society where the misnomer has become the norm and ingredients of corruption form a component of any policy decision, and where corruption permeates every sector, it will be difficult to attain judicial independence.They contended that a situation where judges at tribunals, assist desperate politicians to assume office by turning logical legal reasoning on its head, such judges should expect less, because desperate politicians are in office to meet their selfish ends and will circumvent all constitutional provisions to achieve their aim.Former President of the Nigerian Bar Association (NBA) Joseph Daudu argued that judges constitute a threat to judicial independence. To him, “access to judges outside official channels appears to be the greatest harbinger or threat to the independence of the judiciary.”This argument is contained in a paper entitled: “The independence of the Nigerian judiciary in the light of emerging political and security challenges,” which he presented at an event by the NBA, Maiduguri branch.“The judiciary is not only the last hope of the common man; it is the only hope of government and concepts such as the Rule of Law. Modern democratic society as we know it today will cease where confidence is lost in the judiciary. No one wants to go back to those days of autocracy and dictatorship.“However, there is a growing perception backed up by empirical evidence that justice is purchasable and it has been purchased on several occasions in Nigeria. Ultimately, should this state of affairs continue unabated, people will exacerbate recourse to self help and extra judicial measures. No wonder assassinations and unresolved killings have been on the rise in Nigeria.“The choice to go to the Bench is a conscious one. It is not taken just as a means of livelihood or as a last resort by well connected persons. It ought to be seen as a reverent calling. It is now commonplace to hear some judges complaining that legal practitioners charge high fees when they are not the ones who write the judgment.“This category of judges must perish such ideas. Lawyers go into legal practice without the cushion of an ascertained regular monthly salary; they may go for months without being briefed by prospective clients. It must never be a reason to collect gratification that lawyers charge high fees. The Bar and the Bench complement one another; together we stand as co-ministers in the temple of justice. We destroy the temple when we tolerate corrupt practices therein,” Daudu said.Aside Daudu, other lawyers also proffered ways of assisting the CJN achieve her objective of ensuring an independent and impartial judiciary. They include Chief Felix Fagbohungbe (SAN), Attoneys-General of Lagos and Edo states, Ade Ipaye and Osagie Obayuwana, Dr. Christopher Ilochukwu and former Chair, NBA, Ikorodu, Lagos branch, Anthony Ebeh.They praised Justice Mukhtar’s courage and determination to reform the judiciary, stop intervention and ensure its independence with a view to restoring public confidence in that arm of government.Fagbohungbe said: “Knowing the CJN, she is a judge with a difference. What I mean by that is that she is a very straight forward judge;, she is a well disciplined judge and very forthright. She is a no-nonsense woman. She doesn’t welcome interference like she has said, even when she was in the lower court.“I know that she is going to carry out reforms that will make the difference in the judiciary, different from what all her predecessors have been doing. She will put the judiciary on the right path. So, what she meant by that statement is that she wants the judiciary to be independent. She wants the judiciary to function in accordance with the provisions of the Constitution.“The executive is a separate body, the legislature is also separate, and so is the judiciary. In other words, the judiciary should run its own affairs without seeking favour or help from other bodies like the executive or legislature. And what makes judiciary independent is the funding. The funding should not be coming from the executive.“Let the judiciary operates its own budget. Let the judiciary deals with its own affairs by itself, instead of having the executive to fund some of their activities, or to do things which they (judiciary) are supposed to do.“I believe she will not agree to that. I pray that people cooperate with her and support the reforms which she intends to carry out,” Fagbohungbe said.To Ipaye the CJN was not wrong in her statement although she could have been more specific. He said the usual harmful interferences are those by influential people in the society, who want to use money, power and sometimes even blackmail to determine the outcome of cases in court.“It could be from government or other rich people in the society. But the truth remains that we cannot have a truly functional judicial system unless there is absolute independence of the judiciary which includes non interference by any power whatsoever be it friends, family or people in authority.“The judiciary must be allowed to dispense it duties with all fairness and diligence in order to guide against corruption and impunity,” Ipaye said.Obayuwana contended that judicial interference comes from ‘godfathers,’ who occupy various positions in the society, both in and out of government. Interference, he added, could also come from politicians, who think they wield enormous influence to buy judges over and make them do their bidding.“It could also be from relations of judges, who may seek one favour or the other. It could also be from some rich businessmen who may have one interest or the other to protect and in other cases may as well come from within the judiciary itself.“The CJN’s statement is highly commendable because it is more of a signal to all judges to dispense their duties without fear or favour especially going by her own record as a woman with integrity. It stands to remind them of the secret oath they took themselves, the system and to God almighty, to uphold and dispense justice at all times,” he said.Ebeh argued that interference with the judiciary can come in diverse ways. It can be executive, political as well as financial.“Executive, in the sense that judges from top to bottom, are appointed by the executive arm of government in a process that is not only far from clear, but also shrouded in mystery. It is common knowledge that he who pays the piper calls the tune.“Political, in the sense that where politicians, their cronies and interests are involved, especially in criminal cases, terrible political pressure is brought to bear on the judiciary to decide cases in particular ways.“Financial pressure comes by way of the other two arms of government withholding budgetary allocations to the judiciary in order to extract predetermined decisions on sensitive cases,” he said.They urged the CJN to be steadfast and support her talks with actions. -

Akeredolu to Mimiko: your achievements cosmetic
The Akeredolu Campaign Organisation (ACO) of the Ondo State Action Congress of Nigeria (ACN) yesterday dismissed Governor Olusegun Mimiko’s achievements in the last three and a half yearsas cosmetic.
It described as untrue the governor’s claim that the state’s tertiary institutions paid the least tuition fees in the Southwest and that its workers earned N22,000 minimum wage.
In a statement in Akure, the state capital, Akeredolu said: “For us at ACO, this is another cheap propaganda by the drowning Labour Party (LP) to hoodwink Ondo State to vote for its candidate.
“When ACN governors reclaimed their mandates in Ekiti, Osun and later won in Ogun and Oyo states from the reactionary Peoples Democratic Party (PDP), what they did was to slash the high tuition fees imposed on the students.
“For instance, Ekiti State Governor Kayode Fayemi slashed tuition fees by 75 per cent, irrespective of the course being pursued by the students. This has been applauded across the state. It is equally on record that Governor Rauf Aregbesola did the same in Osun State when he assumed office, apart from the massive infrastructures provided in the institutions. Mr Oluwarotimi Akeredolu (SAN) has promised not to increase tuition fees in Ondo State-owned tertiary institutions.
“Besides, it is a notorious fact that while Mimiko was locked up in a battle of wit with Ondo State workers, the governors of ACN-controlled states had started paying minimum wage. It is, therefore, curious that a government that failed to pay N14,000 relativity salary could wake up to pay N22,000 minimum wage.
“It is on record, based on the pay slips of workers in Ondo State, that after deducting taxes, an average worker goes home with less than N14,000. Therefore, where is the payment of the so-called N22,000 minimum wage?
“It will also be interesting to note that the Mimiko administration has shortchanged teachers when he cleverly claimed that he had paid them the 27 per cent increment agreed with them, whereas he only paid two per cent of it.
“How could Mimiko claim that his education sector is the best in the Southwest, with the collapse of primary and secondary schools, as a result of the poor condition of the structures of these schools?
“Mimiko’s government is yet to employ a single teacher in the last three and a half years. Infrastructure at the Adekunle Ajasin University (AAU), the Rufus Giwa Polytechnic in Owo (ROGIPO), among others, are begging for attention while the workers of both institutions have been protesting non-payment of their salaries and allowances in the last 28 months.
“Mimiko claimed that ACN asked for his blueprint. Which one is he talking about? Is it the abandonment of N1.5 billion Doom-dome? Is it the inability to construct a single road, among others?
“Governor Babatunde Fashola (SAN) of Lagos State has been transforming the state, continuing where Asiwaju Bola Tinubu stopped. Even before he reclaimed his mandate, Edo State Governor Adams Oshiomhole was on the same path. Where did Mimiko develop the so-called blueprint that ACN governors are asking for?”
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Group backs ACN candidate
group, Agbajowopo Omo Yoruba Movement Group (AOYMG), has said it is supporting Ondo State Action Congress of Nigeria (ACN) governorship candidate, Mr. Oluwarotimi Akeredolu (SAN), to win the October 20 election.
The group said it would work for the success of the party’s standard bearer because ACN is the only political party that projects the agenda of the Yoruba nation.
In a statement in Akure, the state capital, by its Chairman, Ayodele Falomo, and Secretary, Favour Ajulo, the group said it has constituted a mobilisation team for the success of the ACN candidate.The statement reads: “We believe that your party with its candidate is the best to work with in achieving our goals for the Yoruba race. We have examined other candidates and gone through their profiles and manifestos. Your candidate remains the best among them.”
It noted that ACN is the only political party that has progressive ideas and is interested in developing the Southwest, like the late Obafemi Awolowo did during his reign in the defunct Western Region.
The group said it supported the Southwest Integration Agenda championed by ACN and other Yoruba progressive leaders.It noted that several development projects have been executed in Lagos, Ekiti, Osun, Ogun, and Oyo states.
The group said: “We are tired of main stream politics. Our son was President for eight years, but the Yoruba race was only retrogressing. We are happy that a political party like ACN is championing how the Southwest can experience rapid development, like the late Awolowo, Adekunle Ajasin, Bola Ige did during their administrations.”
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Nigeria as an emerging democracy: Dilemma, promise
Text of the keynote address by Catholic Bishop of the Diocese of Sokoto, Bishop Matthew Hassan Kukah at the NBA Annual General Conference in Abuja
The minorities of the Middle Belt unfortunately or fortunately do not have the culturally homogenous and cohesive capacity to inflict injury on anyone. They did their part for one united Nigeria. So, truly, we are set for a new dawn. The challenge is how to bring that about.5: Unity by Division: Balkanisation of the State.Whatever may have been the circumstances of our union, our history is not different that of other nations which were forcefully created or manufactured. The real challenge is how and why we have not been able to imbibe for example, the E pluribus, Unum, philosophy that has gathered a complex web of humanity like the United States is, into one nation. Under this principle, the Americans admitted their differences but argued that although we are many and diverse, we can aspire to be one. The challenge is to find the institutions to support this unity. Today, the United States with all its difficulties is a fine testimony of how a nation with differences can find common cause by creating a time tested Constitution.With hindsight, it is important for us to look back and appreciate why our difficulties have persisted. So far, it is not due to lack of good men and women, good will, good intentions, enthusiasm, even patriotism that Nigeria’s growth remains stunted. We have had our own fair share of good men behaving badly, but the problem is that we have relied on the dubious quest for good men and women rather than relying on creating institutions to support and make it possible for these humans to act rightly or to stop them from acting wrongly.Faced with the challenges of nation building, Nigeria did not choose the path of statesmanship, courage and resilience. Rather than follow through the roundtable discussions in Aburi, Ghana in 1966, clarify the issues and seek accommodation, we resorted to states creation as a solution to the problem of national unity. After slicing the nation into states, we then began came up with the mantra that; to keep Nigeria one is a task that must be done! Even when we fought a war with no winners no vanquished, rather than return to the barracks and use politics to create consensus and rebuild our nation, the military stayed on, corrupted politics and destroyed the foundations of the unity it had preached and fought a war to protect. Thus the mantra, to keep Nigeria one was replaced with, To your tents o Israel!Under the military, states and local government creation became such a selfish exercise that military officers simply parceled out the country to themselves and their friends as tribal fiefdoms. This diminished a sense of national unity as more and more communities invented new identities amidst cries of freedom from domination. Thus, at the creation of each new state or local government area, yesterday’s brothers and sisters who speak the same language and share the same culture became enemies. Location of state capitals and local government headquarters, the citing of projects intensified these animosities and yesterday’s majority which became a new minority, now demanded its own space. While the country did not grow, these policies only further created new elites with a bloated and unproductive bureaucratic and political elites feeding off the system at the expense of the people. Even right till today, the debate about a new Constitution is merely a fig leaf for seeking further balkanization of the nation as states creation seems to be the most important item on the table with every Senator seeking to deliver a new state to his or her people! For how long can we survive with this joke?6: The politics of Land and Taxation:From Afghanistan to Zimbabwe, the issues of land reforms remain a major source of conflict and instability. From the colonial period, the appetite for choice lands dictated the options for settler or transitory colonialism. In places like Kenya, Tanzania, South Africa and Zimbabwe for example, land has been the main source of conflict. The stories of the Mau of Kenya right up to the Zimbabwean veterans are within the same context. Little wonder the founding fathers of Sierra Leone decided to award the Order of the Mosquito as a sign of appreciation to the anopheles mosquito whose malaria bite kept the white man away from taking over their land.The issue of land remains a sore point in Nigeria. The conflict around indigene and settlers, land ownership laws and so on are still to be resolved. Closely tied to this is the question of taxation. The infamous Land Use Act of 1978 has thrown up problems that remain unresolved and since the political class have found this very beneficial, it is not surprising that the poor remain the victims of these unjust laws. Land Laws are fundamental to individual and community growth and development. It is even more so for government and investors. We should learn from the mistake of the Niger Delta and ensure appropriate legal measures that protect the investor, citizen and our country. It is one major way of engendering stability, harmony and growth. Every nation seeking development, growth and national cohesion must address the issues of land and taxation.One of the surest signs that our country has not been serious about democracy and economic development has been the issue of taxation. As the old saying goes, no taxation without representation. If we believe this, then, the lack of effective tax laws is a measure of how disconnected the government is from the lives of the people and their economic endeavours. Sadly, perhaps, aware of how little its impact is in the lives of citizens, the government has seemingly been lackadaisical about enforcing the tax laws. Without services, a government has no moral basis to tax its citizens. Clearly, the example of what is happening in Lagos is a lesson and a metaphor for our country. Sadly, fighting a thoroughly corrupt, incompetent and inefficient bureaucracy should pose the biggest challenge.The State as a Distribution agency:Professor Richard Joseph’s old characterization of the Nigerian state as the arena of prebendalism still holds good, then as now. One of the most egregious areas of this assault is the privatisation of state power where state resources and their allocation are privatised within a tiny circle. Today, the culture of the state as a domain of patronage persists. The saddest part of this problem is that the military Constitution has actually built this anomaly into the Constitution.Section 162 of the Constitution specifically states that: The Federation shall maintain a special account to be called the Federation Account into which shall be paid all revenues collected by the Government of the Federation. The official Head chef, known as the Revenue Mobilisation Allocation and Fiscal Commission, presides over the slicing of this beef of state. It is further recommended that the distribution of this largesse shall take into consideration…. population, equality of States, internal revenue generation, landmass, terrain as well as population density.Subsections 3-8 continue with this iniquity which focuses on mere distribution of handouts with no clear mechanism for monitoring whether the allocations are properly used for the welfare of the people. We can understand why any census will always be contested and why communal crises over boundaries and new identities will persist in Nigeria. But what is even more invidious is the decision to tie local governments to apron strings of the state governors. It is now possible to appreciate why local government elections will remain at most a charade with the State Governors ensuring that chairmen are firmly under their control. As can be seen, there are hardly any states with more than a token presence of one or two local government chairmen or Women from the opposition Parties.For a long time, the so-called Joint-Account was the area where governors proved to be even more reckless. The State Assemblies are almost all the same in terms of membership of the party in power. What these present us with is a seriously compromised political atmosphere where accountability and transparency are the first victims. The governors literally anoint the speakers of the Houses of Assembly. So, with both local government chairmen and speakers each struggling to be governor’s favourite sons, there is no one left to speak out on transparency and accountability. There are no mechanisms for holding government responsible. The occasional hiccups and theatrical attempts at impeachment are merely a symptom of the rumbling of a hungry stomach. This is why our democracy remains so weak at the lowest levels.Leadership Recruitment and Capacity in Nigeria:Elsewhere, in a paper I wrote for the Nigerian Leadership Initiative, I spoke on what I called, Power without Authority. My interest was to show that the leadership crisis in Nigeria persists because we do not as yet have criteria for ascent to leadership. From my analysis, it is clear that right from the first republic till date, every Nigerian President has literally come to power by good luck. More often than not, those who have prepared for office either by way of the quantum of resources accumulated, have never managed to make it. The result is that the country has not been able to develop a sound political culture.The real test that a country’s democracy is deepening lies in some level of unpredictability about electoral outcomes and fortunes. Thus, the issue of who or which Party will win the elections and who might win or lose a Gubernatorial or Senate seat should not be based on predictable outcomes such as patronage, god-fatherism, capacity to manipulate electoral body, its agents and results, the size of the political war chest, the recruitment and control of well heeled legal gymnasts or anointing of any sort. The notion that a state should look up to whom the President or governor will anoint as a successor, institutionalises corruption, indolence and cronyism. It kills ideas and principles and makes political contest a violent enterprise. By now, politicians would have come to appreciate the fact that this so called anointing is a waste of time because even before the oil of anointing has dried up, the godfather and godson are already at war. This is the story of our anointed Governors right across the country and as we know, only a few have mended their fences! But these quarrels are taking their toll on our people as supporters are constantly forced to move wherever and whenever their patrons change direction.Anyone familiar with the political history of Nigeria will appreciate the fact that somehow, when it comes to the Presidency of Nigeria, God’s rules of engagement for Nigeria are different. In the whole of our history, from Alhaji Tafawa Balewa till date, political power has always been a gift of charity from God. No one has become the President of Nigeria from the size of his war chest or connections. I am not sure whether this will remain our fate, but at least, if we are to take any lesson from all this, it is that we need to be more circumspect.Those in power therefore should remember that God has not changed His place on His throne and stop playing God by spending resources, bending the rules and deciding that they must anoint or appoint their successors. I am not saying we should leave everything merely to chance, but that it is important that we appreciate the fact that in nurturing our democracy, there is need to instill peoples’ confidence in the process. So far, for us, elections have always been a war or sorts. Although we are quick to blame the ordinary people and thugs, the truth is that it is the political class that is responsible for criminalizing the process. The lack of internal democracy among the parties, refusal by those at the top to respect the rules of engagement and the Party guidelines, forcing anointed candidates leads to the manufacturing of consent. All these merely stunt our growth and leave the process open to violence and abuse.We need to create the kind of space that can allow for people with ideas to persuade and influence public opinion to support their ideas. Although talent is important in any society, clearly, it is important that a nation creates institutions that can enable this talent to flourish. Richard Branson, Bill Gates, and Mark Zuckerberg are clearly extraordinarily gifted and talented men. But they would not have nurtured their dreams if they did not have an environment that was wide enough and had the institutions to support and contain their visions which may have seemed crazy at the early stages.Mrs. Chioma Ajunwa was a natural talent, but it took the foresight of someone in the Police Force to rally around her and later, the vision of a Segun Odegbami to have nurtured that talent. Compare that with the situation today where we focus more on funding prayer warriors, sorcerers, magicians and some form of voodoo as the means for winning medals and other laurels in international competitions.Godatherism and cronyism have destroyed and are destroying Nigeria. Today, it is almost impossible to convince any young man or woman that a first class degree can guarantee you a job anywhere including the areas in which you have excelled. Hardly a day passes that a young man does not send me a text to say, I have heard on good authority that they are recruiting at X and Y establishments, but, I am told it depends on whom you know. I initially dismissed these young people by telling them to go, sit for the examination/test and to pass before they come to me. They laughed at what they considered to be my innocence or ignorance, until I woke up to the situation.Right now, we are faced with an uncertain future in which, some ten or so years ahead, we shall have a generation of young men and women running the bureaucracy or in public life who owe their future to a godfather, not a country that offered them a chance to excel. This is dangerous because what we are doing is investing in an unproductive system of clientelism which destroys excellence, stunts national cohesion and compromises our public ethos.How can we have a country in which the future is being mortgaged on the altars of prebendalism and feudalism? How can the President preside over a country in which his children rely on others for their wellbeing and welfare? We are going to end up say, twenty years ahead when we shall have Ambassadors, Permanent Secretaries, Directors, Ministers, Governors and Presidents who came to prominence not by dint of hard work or the transparency of their environment but men and women who will be running a country that is not the primary basis of their allegiance. The reason is because they were pushed to a job with no qualifications other than that they came from a list presented by a man or woman with connections. In life, we have all been guided by others, but in our situation in Nigeria where public officers are openly engaged in the most non transparent ways of recruiting into public service, we face a future that is in mortal danger and a country that will be a mere shell with only such shallow symbols or flags to which command no respect. Are we therefore surprise that communities and states are creating distractions by hoisting their own flags? This is just the beginning of the mess that lies ahead.Dispute Resolution Mechanisms:The Nigerian environment is still largely hostile to such indicators for modernization and business as, rule of law, due process, transparency, contract enforcement etc. This is a legacy of our authoritarian background. For Nigeria to redefine its laws to be able to grow and attract investors, it must rethink the nature of the legal system it wishes to adopt. We have not paid much attention to the inherent problems in the legal system that we have adopted in Nigeria. For example, even as a layman, serving at the Oputa Panel opened my eyes to the great injury of the legal system that we have for a largely communal, poverty stricken society like ours. We watched as highly paid lawyers took the stage and turned the platform for articulating the grievance of ordinary victims of injustice and abuse into a legal gymnasium. It is time for us to wake up to what many people in the world already know; that conflicts and disputes can be resolved as if there is no tomorrow, they can be resolved in less hostile terms.Rwanda provides Africa with the best test case. The country has become a model for reconciliation with a leadership that has focus and is prepared for sacrifices. Recently, a journalist asked a Rwandan if he expected Paul Kagame to go in 2017. The man replied: Yes, I hope so, and if he does, I will cry.This is not the place to review the legacy of Mr. Kagame, but the man has become the cynosure of many eyes around the world and has shown that it is better to have talent and honesty than to have oil and dishonesty. Now, Nigerians are hovering around him as a model of leadership. I went to Kigali on a field research in 2004. In the course of my work, I sat through the Gacaca traditional courts which had been set up to resolve some of the issues that were pending in a country where over 200 thousand people were awaiting trial. In less than ten years, 12,000 Gacaca courts have disposed of 1. 2m cases at very minimal financial costs. The Gacaca courts have not replaced the conventional courts in the land, but what we have is evidence of a country that its leadership is determined to ensure justice through the adoption of some creative means that guarantees integrative and restorative justice.Needed, a Constitution:As usual, with eyes on 2015, the politicians are angling for the best strategy to position themselves for power. Ordinarily, there is nothing wrong with this. There are calls for the amendment of the Constitution while others are calling for a Sovereign National Conference. The general belief is that this is what we need to redress the injustice that is in the system.How do we account for constitutional mortality? The American Constitution has survived for over two hundred years largely because it has focused on how to reduce the power of the sovereign. There have been three key concepts guiding Constitutions; amendment, suspension or replacement all aimed at guaranteeing Constitutional endurance, resilience or longevity.The focus of all Constitutions must be to limit the power of government by ensuring that those who have power use it well and that those who do not have power are adequately protected so that they do not resort to unconstitutional means. This has been at the heart of the social crises in Nigeria. To the military, the Constitution was a distraction to their ambition to hold on to power. Thus, without one, the Nigerian Sovereign appropriated power to himself and the result is what we see today with the dictatorial and intolerant postures of public officers to principles of Constitutionalism, order and process.Individual citizens usually have competing identities and interests that are based a variety of identities. These include ethnic, communal, religious, regional, class and so on. The duty of a Constitution is to serve as a vehicle for transferring the allegiance of these citizens from these narrow interests to the higher interests of the state. To do this, the state must, through the lofty ideals of the Constitution hold up a higher goal of protection, security, welfare and so on to the citizen. It must command his loyalty and respect.The next challenge is to create the institutions that will align with the ideals encapsulated in the Constitution. These require maturation and the political elites must never be allowed to apply the principles of quick fixes to turn the constitution into a tool that merely accelerates their political climbing. Thus, there is need for courage, patience, disciple, maturity and statesmanship. Although there is a case to be made of the how a Constitution comes about, popular participation is not necessarily the litmus test. Some of the most enduring Constitution were crafted in smoke filled rooms by the elite, the result of disciplined bargaining and negotiation. There is clearly a causal relationship between constitutional longevity and political, economic and democratic growth of a nation.Constitutions must be self-enforcing, they must possess and inherent equilibrium from which none can deviate without consequence. They must possess a quantum of incentives that are sufficiently appealing to all the constituent units and penalties that serve as disincentives to infringement. By way of judicial activism, some unforeseen aspects of the Constitution can be brought to the fore by judicial rulings by radical judges. Here, we recall the roles played by people like the late Gani Fawehinmi or the Bar under the leadership of the combative and assertive late Aka Bashorun. In the United States of America for example, such land mark judgments like Brown vs. Board of Education or the Civil Rights Act, are all evidence of what the Bar and the Bench can do if we are committed to judicial activism.Constitutions must also include the whole issue of hidden information that is not available to all parties at the time of the framing of the Constitution.Our Constitution must include the right to rebel and this must be clearly spelt out. Rebellion and public interest litigations help ordinary voices to serve as mechanism for restraint against the excesses of the state. Nigerians have often asked, can we have an Arab spring in Nigeria? The answer is not yet because so far, we are weighed down by petty allegiances and hiding behind little mole hills of ethnicity erected by our village and town crooks who continue to ensure that we do not see the big picture of our collective agony.Summary and Conclusion: WhereI believe that we all agree with Professor Soludo in his vision of a Nigeria that is a dream waiting to happen. This is not the place for us to enter into a debate as to why this miracle has not happened. I believe most of us are familiar with the reason why this is so.What is most disturbing is the fact that we have completely taken the intellectual contribution to politics out of our process. We are only concerned with how to capture raw power, how to get into the engine room, how to share in this life changing booty called oil money which is gradually looking like blood money in our country. We need to turn the corner and do so with confidence and assurance. I will make five quick points.First, we need to fix the economy and I believe that we cannot do better than what we have now under the President and Dr. Ngozi Iweala. We hope that sooner than later, our economy will not only grow, but that we the people shall also grow. This is no easy task. According to the Vision 20-2020 report; The pillars of the Nigerian economy are extremely weak and the continued economic viability of the Nigerian state and the continued economic viability of the Nigerian state is perpetually at risk.Of great concern is the need to create the leadership to support this vision. Although every government official has taken the transformation agenda as a mantra, it is important that this message percolates through the other crevices of our national life. This is why the idea of a performance bond is important. However, this performance should not be confused with sycophantic cooking up of figures and power point slides. There is need to clearly lay out the programmes to be measured. For a country that is used to monitors being compromised, the President must ensure that these measuring mechanisms are clearly explained to the people in a way and manner that they can understand. We will also require at least an annual review of the scorecard and this should go right down to the President. This show of good will in my view will go a long way in ensuring confidence in the system and process.There has been the nagging issue of a Sovereign National Conference as a solution to our problems. Nigerians keep saying we need to talk as if we are not talking. The real challenge is the content of these talks and whether indeed, that is the way to solve our problems. It is important to note that we have never been short of talking points. Those who are calling for a Sovereign National Conference made up of representatives of the various ethnic groups must say whether this is different from what the late Anthony Enahoro and Professor Wole Soyinka worked on and they might also honestly tell us the fate of the final document.I hold a slightly different view. First, I believe that we need to talk but the talking needs to be of a certain quality that is founded on scholarship and a proper understanding of the issues of statecraft. We also require a level of maturity and an understanding of these processes. It is clear that our problems are not documents but the issues relate to whether we can ever find the political will to focus on how to build our country and how to develop the required time lines and so on.Everyone keeps talking about Leadership, Leadership and Leadership. We create the impression that somehow, leadership will simply drive an unwilling band of horses to a river and getting them to drink water by force. We believe that political leadership is the only form of leadership. We all ignore the challenges in our own leadership levels whether it is in the churches, mosques, civil society and professional groups. The curious thing is that what we all accuse the political leadership of exists in our own midst. If we borrow the example of the Fulani man and his herd of cattle, we get an interesting view of leadership. In that scenario, it is interesting to note that it is the cattle that actually lead, after all, the leader who leads them to the grazing field does not eat grass. It is they who eat grass, they know which grass has poison and so on. The shepherd only guides them and also ensures their security, but it is they who know what they want. So, there is need to close in the gap between our perceptions of leadership.My view is that we must now address the issues of how justice can become a cardinal point of reference in governance. Here, I still insist that judicial activism is one way of interpreting the mind of the Constitution but also of extending the frontiers of justice. I use just two examples to illustrate the point I am making.First, we have the famous story of Rosa Parks whose singular decision on December 1, 1955 not to leave her seat for a white man turned the course of the struggle of black people for freedom. This is one of the events that threw the Rev Martin Luther King into prominence. For, by December 3rd, the bus boycott which would change the tide of history had started.Secondly, the Brown vs. Board of Education ruling in 1954 by the Supreme Court, struck down the policy of state segregated education. Other events such as the Civil Rights Act of 1964 followed, but perhaps the case of James Meredith was more phenomenal. An ex air force veteran, he was denied entry into College in Mississippi. He took his case all the way to the Supreme Court whose ruling marked a turning point in the struggle against segregation. It took the courage of both President John Kennedy and his brother, Robert, the Attorney General to enforce the ruling. In the process, lives were lost, but on the day of the enforcement, some 2,500 people turned up to protest. The federal government had to send in some 20,000 troops along with 11,000 National Guards. He finally graduated amidst all the difficulties but his life changed the course of history.Finally, the famous I Have a Dream speech contains some assumptions that we have often ignored. The speech was anchored on both the Emancipation Proclamation and the Constitution of the United States of America. What is significant here is the fact that the speech drew its inspiration and a sense of righteous indignation from these two historic documents and the reluctance of the leadership to live by its own laws. He spoke about a promissory note that these documents had promised ordinary Americans but which was not available to the black people. He continued: It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check which has come back marked “insufficient funds.” But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. So we have come to cash this check — a check that will give us upon demand the riches of freedom and the security of justice….Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to open the doors of opportunity to all of God’s children. Now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood.From our own Constitution, the provisions of Chapter 2 on the Fundamental Directive Principles of State Policy, should be a basis for stirring up a sense of moral revulsion as to how and why a country so richly endowed could allow so much poverty to continue to exist. It is sad that all we have always said about this very important segment of the Constitution is that it is not justiciable. It is the duty of our lawyers to compel to Judiciary to breathe life into this very significant section of the Constitution. This is the challenge and I do hope and believe that the Bar and the Bench in collaboration can indeed, bring about the realization of our own promissory note. Thank you very much for your kind attention.+ Catholic Bishop of the Diocese of Sokoto,Nigeria