By Adebisi Onanuga
The Chairman of Nigerian Bar Association Section on Public Interest and Development Law, (NBA-SPIDEL), Dr Monday Ubani, has kicked against what he described as the anti-democratic policies of President Muhammadu Buhari’s led administration.
Ubani said the recent practice direction issued by the Chief Judge of the Federal High Court and the plan by Nigerian Drug Law Enforcement Agency (NDLEA) to make drug test compulsory for intending couples is a violation of their rights as enshrined in the constitution.
He said in a statement that while Buhari’s growing undemocratic policies including the recent ban on Twitter is been addressed through a lawsuit he filed, the Federal High Court practice direction which grants the Federal Inland Revenue Service, FIRS, the power and right to freeze the Bank account/s and forfeit the property of a prospective Taxpayer and the plan by NDLEA to make a drug test for intending couples, raises a serious cause of concern.
He pointed out that President Buhari and Buba Marwa need to be reminded that what we are presently operating in Nigeria is civilian democracy and not a military dictatorship where countless decrees and edicts are churned out without any logic.
Ubani also stated that the whims and caprices of officeholders have no place in a democracy, rather people are governed by laws, rules, and regulations adequately prescribed and in clear adherence to the protected rights of the citizens as prescribed by the constitution which is the grundnorm.
Part of the statement reads: “I am of the candid opinion that Nigerians are feeling suffocated and imperiled with several restrictive measures being churned out limiting their civic space by the current administration. I feel alarmed and forced to voice out my view on this before we are completely drowned by these retrogressive and anti-democratic policies and pronouncements of the officials of the government in Nigeria.
“The recent ban on Twitter, the threat to prosecute Nigerians and broadcasting media outfits who flout their lawless order not to use Twitter, and the announcement of the Minister of Information to license all social media platforms have received and are receiving proper and effective reactions through strident criticisms and invitation to judicial interventions by the aggrieved citizens.
However, two other pronouncements happened that should be of great concern to human rights activists and the general members of the public.
He said the Federal High Court (Federal Inland Revenue Service) Practice Directions, 2021 issued by the Chief Judge of Federal High Court, Justice John Tsoho in favor of a prospective litigant, this time Federal Inland Revenue Service and the pronouncement of the Chairman of National Drugs Law Enforcement Agency, Retired Brig-Gen Buba Marwa suggesting drug test for prospective couples before marriage and even before any employment.
In a related development, NBA-SPIDEL has established two groups, Public Interest Law Group and Development Law Group for effective and improved performance of the association.
Chairman NBA-SPIDEL, Ubani who stated this, said activist-lawyer Femi Falana (SAN) was appointed chairman of the Public Interest Law Group while the Development Law Group will be chaired by Dr Sam Amadi.
Ubani said other members of the two groups will be announced soon.
He spoke during his maiden presentation of the NBA-SPIDEL’s report to the recent National Executive Council (NEC) meeting held in Abuja.
He informed the meeting of the intention of the NBA-SPIDEL to engage in aggressive membership drive across the entire branches of the Federation.
Towards this end, he said they had laid out a plan to appoint Cordinators and Secretaries in all the branches of the NBA.The Cordinators and Secretaries will recruit and also maintain existing membership of the Section in their various branches.
Their second task, he said, would be to help Spidel realise its objectives at the grassroots level in the pursuit of citizens’ rights.
According to him, “Membership of the Section is critical to its activities and a fulfilment of our mapped out objectives.
“Already, we have started with an aggressive gospel that every lawyer with conscience must first and foremost be a registered member of SPIDEL. We therefore solicit that every lawyer of conscience should without any further prompting from us register and join all the suitable committees to help actualise our dream country and legal practice.
“We need you and the nation needs you more as a lawyer with conscience,” he said.
He further informed NEC that the Section had set up an operational office in Abuja and had employed a Programme Officer to man the office.
The choice of office and programme officer, Ubani exlplained is to accelerate the institutionalisation process of the Section.
He added that the Section had two main objectives which are pursuit of public interest issues in the nation generally and development of legal framework for accelerated economic development.
Ubani further disclosed that the Section has also established SPIDEL Young Lawyers’ Forum as part of the institutionalisation process and mainstreaming objectives in the consciousness of young lawyers.
“We must consciously and strategically groom our young lawyers who will take the legal profession to the Next Level”, he said, adding that appointments into the forum will soon be announced too.
The NBA-SPIDEL Chairman also briefed NEC that SPIDEL will be engaging in strategic impact litigations by working closely with other NBA Sections and other Committees like Public Interest Litigation Committee to undertake in strategic impact litigations in certain critical areas that deserve judicial intervention.
According to him the recent Practice Direction of the Federal High Court made in favour of a prospective litigant(FIRS) requires timely intervention by NBA as the only body that stands in vanguard against oppression by any government in power.
On Twitter ban, the Section is collaborating with the Committee to seek legal reliefs just as the chairman as a citizen of the country has already filed his personal action to protest the violation of his right to free speech.
He said: “Niger Delta Development Project, Promoting the Rights of Internally Displaced Persons, Federalism Project, 2023 National General Election and other Thematic Issues over national development will be the engagement of the Section for the next two years of his administration and his Council Members. “
Finally the chairman informed the House that the President of the Bar, Olumide Akpata launched A Human Rights App at the end of the Conference of the Section in Ibadan code named “SOROSOKE”.
He said the purpose of the App is to aid the members of the general public who are victims of human rights abuses in reporting and tracking the abuses adding that the various members of SPIDEL at the branch level will be utilised effectively to seek reliefs on behalf of victims of human rights’ abuses through out Nigeria.
He said the election of the Section was held in Ibadan after a highly successful conference and which marked the end of the eventful regime of Prof Paul Ananaba, SAN.
He listed members of the council consists of: “Dr Monday Ubani as Chairman, Dr Princess Chukwuani as the Secretary, Mr Steve Abah as the Vice Chairman, Ms Funmi Adeogun as the Treasurer. Other Council Members are Dr Paul Ebiala, Mr. Emeka Nwadioke, Ms Anne Agi, Chief Kunle Adegoke SAN, Mr Kunle Edun, Mr A.M. Karaye, Mrs Igbeaku Evulukwu, Mr Echo Godfrey, Mr Kola Omotinugbon and Prof Paul Ananaba SAN.
Whims and caprices of officeholders have no place in a democracy, rather people are governed by laws, rules, and regulations adequately prescribed and in clear adherence to the protected rights of the citizens as prescribed by the constitution which is the grundnorm.
The Bar was indeed asleep when Assets Management Corporation of Nigeria(AMCON) laws were amended with the prescriptive rules that place a litigant above the adversary in any AMCON matter that deserves the attention of the judiciary.
He lamented that the judiciary that a prospective litigant will run to for a remedy, was clandestinely used to enact rules that place AMCON on a higher pedestal against an adverse litigant in any matter that involves both parties.
“It is sacrilegious as we have seen the collateral damage the said rules and enactment have done on litigants in any case involving AMCON.
The side effect of the AMCON Rules is yet to abate before another more dangerous and more destructive Practice Direction was brought out by the Chief Judge of the Federal High Court giving FIRS the upper hand in any case involving her and any prospective litigant over tax issues.
”The summary of the Practice Direction is that it gives FIRS(The Executive Arm of Government) the power and right to freeze the Bank account/s and forfeit the property of a prospective Tax Payer any time FIRS assesses a taxpayer whatever sum it deems fit
Having frozen the account/s and temporarily forfeited the property/ies of the taxpayer, if the taxpayer desires to challenge the assessment and the process adopted by FIRS, he will have to deposit half of the sum assessed in an interest yielding account before an audience will be granted by the court.
The illegality of this Practice Direction he said would get any sane man in Nigeri thinking about the motive and rationale behind it.
“The Practice Direction is questionable under the following parameters; ” It is an affront on the right of fair hearing to a citizen for a law to take away constitutionally guaranteed rights without any justification. S36(1) of 1999 Constitution as Amended guarantees every citizen in Nigeria the Right to Fair Hearing which has been taken away by this draconian Practice Direction that mandates anyone who is challenging the tax assessment to first pay half of the assessed sum before he or she can be heard by the court.
“It is a clear denial of Access to Justice for a litigant to be told to comply with what he or she is challenging in court before gaining access to the same judiciary that will determine his rights and liabilities. Practice Direction by ranking as laws is on the lowest ladder and cannot be used in whatever manner to wrestle the rights of the citizens that are guaranteed by the constitution.
”The arbitrary and abuse in the exercise of power by office public holders should have put the Chief Judge in check before issuing such a Practice Direction that makes a litigant like FIRS to have upper hand in any controversy between them and another litigant who has the right to challenge the exercise of their power in assessment.
“We are here and we know how abusive and arbitrary office public holders can be, especially against opponents and when pursuing their personal interests. Tax assessor can just arbitrarily assess a taxpayer, say one billion naira. This has happened severally here. Going by that Practice Direction, the prospective tax payer will have to cough out 500 million naira and pay it into an interest-yielding account before such a body or person will have an audience in court.
If the body or person does not have much money, he loses his property forfeited and all the money in his frozen accounts to satisfy the bogus assessment. Where is this kind of thing allowed in any sane society?
“The truth of the matter is that this Practice Direction must not be allowed to stand. If the Chief Judge of the Federal High Court refuses, and, or fails to see the danger and illegality of issuing this Practice Direction, the court of the land should determine this issue simpliciter. We are prepared for the war ahead.
“On Buba Maruwa”s suggestion on the drug test before marriage and employment, I am sure that no legislator whether at the State level or Federal will take him serious on that. We all desire a drug-free society and will vote for whatever legal measures that should be used to reduce if not eradicate it completely but we will not support any policy or measures that infringe on the rights of law-abiding citizens.
We commend and appreciate the efforts of the current leadership of NDLEA in tackling drug problems in Nigeria, but admonished the Marwa leadership of the NDLEA to operate within the law of the land as the country is not under the military rule anymore.
Hesaid “Nigerians have made a choice for democracy and ed that they must enjoy all the ingredients of it especially on the aspect that pertains to fundamental rights as guaranteed by the constitution. Every attempt to restrict the civic space either now or in the future will be decisively resisted by the Nigerian Bar Association members that are alert.”
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