The Nation Newspaper

Tag: Agenda

  • On Ekiti South governorship agenda

    The Ekiti governorship election comes up in 2018. There is a lot of agitation from the South Senatorial District that it is now their turn to produce the next governor. This reminds me of similar agitation in 2014. While crossing from PDP to APC then, following Fayose’s bullish emergence as PDP candidate for the 2014 election, I wrote as follows:

    There was the clamour for a Southern Senatorial candidacy which I fully endorsed. To recall, following Fayose’s impeachment in 2006, there was a Pan-Ekiti conference in D’Rovans Hotel in Ibadan. The conference was co-chaired by the late Professor Aluko and the Chief Afe Babalola SAN. Professor Akin Oyebode and I were the Rapporteurs at the conference.

    One of the decisions reached at the conference was that the governorship candidate of all political parties should come from the North Senatorial District while the Deputy Governorship slot should come specifically from Ado Local Government Area. For balance, it was agreed that the Speaker of the House of Assembly would then come from the South. After the North might have exhausted its tenure, the governorship was to move to the South Senatorial District after which zoning as an idea would be jettisoned. It was for this reason that the PDP and the AC candidates both came from the North Senatorial District (Engr. Segun Oni and Dr. Kayode Fayemi) while the two Deputy Governorship candidates came from Ado-Ekiti, Dr. Sikiru Tae Lawal and Late Mrs. Funmilayo Olayinka.

    The agitation has now been renewed more virulently. I share some understanding with the Ekiti South Senatorial District on their agitation for the governorship slot. I supported the campaign in 2014 as indicated above based on the D’Rovans 2006 agreement. However, the feeling and sentiment is not the same today as it was then in 2014 for reasons I shall now proceed to state as clearly as I can.

    In the context of the two dominant parties in Ekiti, only PDP had the moral burden of a shift to the South in 2014. APC was on first term and could legitimately claim and indeed claimed the right to second term. Most progressives within the PDP enthusiastically endorsed South Senatorial candidacy. However, given the Jonathan-Fayose abracadabra then and the hurried endorsement of that rigged Fayose outcome by the erstwhile candidates from the South, the South lost that claim and the moral argument. Many of us proclaimed then that we have seen the end of zoning of the top post in Ekiti. Indeed, considering that a South Senatorial person took up the deputy slot and many South Senatorial people actively collaborated and supported the stabilization and subsequent emergence of the Fayose governorship, there is no longer any fundamental basis for continuing with this claim. I sincerely believe that privilege is forfeited. But PDP is free to decide its preferences.

    As for APC, zoning is not recognized in the party constitution. The general position even at the national level is to throw the No.1 positions – President and Governors – open to all, while positions below them are then zoned to ensure balance in representation and governance. Competence is not held subordinate to any parochial or primordial considerations.

    Interestingly, in all parties, aspirants for the top offices have always emerged from all areas without much consideration for zoning. In effect, what is emerging and becoming very clear is that zoning is more of a strategic tool for making a choice within and by the respective parties and not an imposition on all that requires uncritical acquiescence. In truth, the more advanced we become on the human evolution order, the less we will place emphasis on narrow parochial consideration. More emphasis will be on the broad interest and competence as is the case with the USA if we discount the Trumpian error that has just occurred.

    The case for Ekiti is even more unique. We are a homogeneous people. Homogeneity is a very important virtue that binds Ekiti people together. It is our unique characteristics and heritage. It should help us move in the direction of broad common interest away from the narrower sectional interest. Even within the South-west, we do not have the kind of ethnic cleavages prevalent in some states. Ekiti does not have the Ondo/Owo/Akoko type cleavage; nothing like Ibadan/Oyo/Ogbomosho relational nuances; no Egba/Ijebu dichotomy, and so on. This unique attribute of ours must always be allowed to supersede senatorial interest and not be watered down. Ekiti does not need any form of fragmentation into narrow interest that can undermine or erode the benefits of our homogeneity.

    As alluded to earlier, there have always been governorship aspirants from the South Senatorial District, from all parties, in all elections. This should continue to be so being in the greater interest of Ekiti as a homogeneous entity that places a lot of premium on competence and intellect.

    There is a small observation to be made though. No former governor has had the privilege of second term in Ekiti State. May be that jinx is designed by God to be broken by a governor from Ekiti South Senatorial District when one eventually emerges! Several black folks ran for President of the United States in the past but Barack Obama was the one destined by God to be the first and he successfully served eight years! That jinx breaker from the South Senatorial District will eventually emerge. But we should note that it is God that elevates (wo)men to positions. No matter the opposition, if God says yes, so shall it be. In the same vein, no matter the support, if God says no, so shall it be also!

    For me personally, there is another very important reason I am supporting the return of Engr. Segun Oni as Ekiti State governor apart from his very outstanding performance and personal integrity in governance first time around. The reason would likely appear to many as sentimental, but it contains some cold reality. We could wait till judgment day when the truth can finally be revealed. But as human beings, we have been sufficiently endowed to be capable of rational decisions.

    There was an unfortunate self-inflicted crisis and a consequent split within the ranks of the elites in Ekiti State. The period of April 2007 to February 2014 was very agonizing and heartbreaking for the elites and progressives in Ekiti State. When Oni switched camp and declared for APC in 2014 following the emergence of Fayose as the PDP flag bearer, a major burden was lifted off the head of the progressives and the elites. Much of the elites were visibly relieved. Oni’s total and very active support for Fayemi’s re-election bid wiped out the doubt in some quarters that Oni might be insincere. Ever since, Oni and Fayemi with the active embracement of the Omoluabi par excellence of Ekiti, Otunba Niyi Adebayo, have been collaborating with each other to collectively stabilize the party in Ekiti and rescue the state from the impetuous, highly value corrosive governance of Fayose. Indeed, Ekiti people deserve good governance.

    Now in the eyes of the law, as a direct consequence of the self-inflicted injury of the elites, Oni’s claim to governorship is technically invalid before the law. Of course he served as a governor and his achievements during his tenure are tangible and there for all to see. However, no thanks to Salami, that tenure within the legal circle is said to be ultra vires. If that remains the status quo, there may never be real closure to that dark period in Ekiti history. Yet we need to bring closure, one that finally puts to rest the fratricidal feud among the progressives and elites in the state; one that also rekindle the trust the progressives and the elites have in each other. Segun Oni deserves to have his legitimacy restored in the interest of all. This is one more reason why the South Senatorial District needs to show understanding and just present their candidates without the pressure of group advocacy for a south senatorial governorship.

    All told and irrespective of how things play out, we all need to eschew violence, threats and coercion as we position ourselves for the 2018 race. Ekiti politics and politicians can set the pace in constructive, rational, intellectual political engagement devoid of violence and intimidation. Above all, we must give our people a chance to make their rational, free decision as to who can and should govern them. The ascendancy of Fayose to the governorship in Ekiti was fraught with so much deceit, brigandage and a host of anti-democratic conducts. This should not be allowed to continue in Ekiti. We really need a reset.

     

    • Otunba Oguntuase writes from Lagos.
  • Wike criticises Buhari, APC leaders on change agenda, credible polls

    Wike criticises Buhari, APC leaders on change agenda, credible polls

    Rivers State Governor Nyesom Wike has challenged President Muhammadu Buhari and other leaders of the All Progressives Congress (APC) to show the impact of the party’s change agenda.

    The governor also called for credible elections in Nigeria, ahead of the December 10 legislative rerun across the three senatorial districts of the state.

    Wike, a chieftain of the Peoples Democratic Party (PDP) and a former Minister of State for Education, said he would not be frustrated to implement his agenda for Rivers State.

    The governor said APC’s governorship candidate in during last year’s election in Rivers State, Dr. Dakuku Peterside, lacked experience in governance.

    He also said the party’s candidate for Rivers Southeast Senatorial District, Senator Magnus Abe, as well as other APC candidates would be defeated during the rerun.

    Wike, who was a guest at the weekend on a phone-in programme, Viewpoint, on Rhythm 93.7 FM in Port Harcourt, the state capital, said there was relative peace in the hitherto volatile Niger Delta state.

    Peterside, who is also the Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), had said based on privileged security information, Rivers had been leading in insecurity in Nigeria in the last 10 months.

    The former House of Representatives member said Wike had no political will to fight crimes, adding that having failed to ensure good governance, he should resign and return to his Rumueprikom, Port Harcourt hometown in Obio/Akpor Local Government Area.

    The Nigerian Maritime Administration and Safety Agency (NIMASA) chief noted that criminal activities, especially kidnapping, cultism, robbery and sea piracy, had been on the increase in Rivers State since May 29, last year, when Wike became governor.

    He said his party did not have any record of violence, unlike the ruling PDP.

    Peterside urged APC members and other Rivers residents to vote without fear of attack or molestation for APC on December 10.

    But Wike said: “President Buhari should show Nigerians what he means by change. I have not seen any change in Nigeria. I want Rivers State to be peaceful. I will support free, fair and credible elections in Rivers State on December 10. They (APC leaders) should not cause crisis in Rivers State and run to Abuja.

    “All the strategy of the APC is to rig elections. Everybody should be mobilised and come out fully. Nobody can intimidate you with arrest or detention. There will be no opportunity for APC members to rig elections on December 10. We (PDP members) have the capacity to resist rigging. I am campaigning because I want PDP candidates to win.

  • Rising global tensions and achievement of SDGs agenda

    It is over a year now when the world leaders gathered in New York to propose a 17-goal agenda with 69 components aimed at ending poverty, protecting the planet, as well as ensuring prosperity for all. The United Nations (UN) described these goals as those that will “transform our world” within the next 15 years, which lapses in 2030.

    These goals include campaign to end poverty, working to achieve zero hunger, provision of good health and well-being, access to quality education, achieving gender equality, access to potable water and sanitation, affordable clean energy, decent work and economic growth, innovation and infrastructure, reduced inequalities, sustainable cities and communities.

    Others are responsible consumption and production, climate action, protection of lives below water, life on land, peace, justice and strong institutions, and partnerships for the goals.

    These set goals are to build upon the gains of the Millennium Development Goals (MDGs). The new goals are achievable if we collectively play our part towards their actualisation before the deadline. However, the slow global economic growth, rising political tensions across the globe, unending wars in Syria, provocations from North Korea, terrorist attacks in Europe, gun violence in America, Boko Haram/Biafra/Niger-Delta crisis in Nigeria and many more are some of the hindering factors that may affect the actualisation of these goals.

    Except urgent actions are taken to address and arrest the ugly incidents globally, the situation at hand would become worrisome and gradually reversing some of the gains and achievements of the MDGs.

    The number of Internally Displaced Persons (IDPs) across the world is becoming alarming, because of the renewed conflicts in Africa and Middle-East. These crises we witness daily are caused more by human factors. Only a measureable fraction is caused by natural disasters as seen in the case of Haiti and other countries rocked by hurricane and earthquakes. In Africa where the frequent of natural disasters are reduced, most IDPs are rendered homeless because of political and ethno-religious crises.

    It would be recalled that, after the post-MDGs’ 15-year plan, the success recorded included lifting about one billion people out of extreme poverty. About 137 million children got enrolled in primary schools, deaths from diseases, such as malaria and tuberculosis were reduced drastically. These and many more gave hope for the transformation of our world, but the above-mentioned impediments need to be tackled without further delay. If world leaders do not introduce measures to contain crises caused by human factors, things might go out of hand and many more people may be displaced in Latin America, Europe, Asia and Africa.

    There is an urgent need to review the remote causes of human crises. From this writer’s point of view, politics and religion are at the bottom of the crises. It is my belief that we need a genuine and sincere political solutions and quick action that would possibly provide positive outcome. The SDGs goals would amount to a journey to nowhere if proper measures are not taken.

    In other to move forward, there is need for the democratisation of the UN Security Council and also the convocation of international conference on peace. More so, there should be a sincere call for ceasefire and hostilities in all flashpoints of the world. The America’s divisive foreign policy on democratisation in the Middle-East and elsewhere should be reviewed. This would reduce conflicts and restore confidence in America’s effort to promote democracy in places where civil rule is alien.

     

    Sheyi is a Postgraduate diploma student of Conflict, Development and Security, University of Leeds, UK.

  • Obaseki’s agenda for the common good

    Edo State Governor, Godwin Obaseki in Benin recently set the tone for the next four years by declaring that the state can no lonegr afford a government that is unable to create value across board. Assuring the people that he would be a listening governor, who discharges his responsibilities firmly and professionally, no sooner than he assumed the reins of government that he set the machinery in motion to propel his vision. He appointed Osarodion Ogie as Secretary to the State Government, Taiwo Akerele as Chief of Staff and John Mayaki as Chief Press Secretary. Ogie, a chip of the old block has been part of the immediate past Oshiomhole era, first as Chief of Staff and later Commissioner for Works. Akerele was Co-ordinator of EDO SEEFOR while Mayaki was Executive Director, Media under Oshiomhole.

    Before the announcement, Obaseki met with the state Head of Service and Permanent Secretaries and asked them to take full charge of the affairs of their ministries, pending the appointment of commissioners. He solicited for maximum cooperation from the civil service to enable him discharge his mandate effectively even as he expressed confidence in the civil service. He pledged that his administration would build a stronger, vibrant, trusted, competent and reliable workforce to meet the challenges ahead.

    That the new governor would rely heavily on the state public service to oil the wheel of his administration became evident when he announced plans to re-evaluate the recruitment process into the service to ensure that merit and objectivity were not compromised. He promised to study the report of his transition committee alongside that submitted by the permanent secretaries, before setting up a policy group to outline specific programmes for the administration.

    “I have no doubt about the capacity of the civil service, but we will also need to clear the clog on the wheel of progress”, he said.

    In another forum, Governor Obaseki reaffirmed that job creation for the teeming population of youths is a task he must carry out.  On this he said: “First, we must recover our society. We are likely to lose our society if we do not begin to emphasise those key issues of human development and economic empowerment. We have too many young men and women – in our own estimates – between half a million to three-quarter of a million, between the ages of 15 to 30, who have nothing doing.”

    The solution, according to him, is to begin the task of immediately creating jobs: “We promised a minimum of 200,000 jobs and to do that, we first have to understand our direction and the challenges we face in terms of unemployment…We went to Benin Technical College which was established 40 years ago to champion technical and vocational training for young men and women. The challenges are enormous because what we saw was pitiable and even though we have an obvious task, we are not daunted at all”.

    On his immediate plan, he said, “We will, using this institution to quickly understand what we need to do and the investments we need to make. To create the platform, put a lot of our young people through training so that they can be employed in the businesses that we are attracting to this state.”  The new thrust aside focusing on technical and vocational education will also make broadband penetration a top priority in the state’s infrastructure development process.

    “We need to strengthen and expand the infrastructure that has been established so that we have a solid foundation on which to build the New Edo State of our passionate dream. By infrastructure I refer not only to the physical infrastructure, namely the roads, utilities and facilities, but infrastructure in its widest sense. We also need to build and sustain a robust human, intellectual, philosophical and even metaphysical infrastructure for without them it is virtually impossible to attain significant progress and derive the extraordinary value that we desire from our efforts so as to build the Great Edo State we all yearn for”.

    With dwindling revenue from oil exports and concomitant decline in revenue from the federation account, Obaseki says that, agriculture will continue to constitute a major focus in the state’s socio-economic programme because of its strategic importance in many areas, from rural development, economic development and job creation to critical revenue generation and job creation. This time, the emphasis is on agriculture and agribusiness value chain, entrepreneurship, investments in industries and technical and vocational skills.

    “Edo people” he entused “will generate wealth by keying into our value chain development of oil palm, cassava, cocoa, grains, rubber, fruits and vegetables. We will create over 150,000 jobs within the next four years under a farm ownership and management model built around our out-growers’ scheme. We will support the growth of over 20,000 micro, small and medium enterprises (MSMEs) with the further creation of over 50,000 associated jobs in the nest four years through access to low interest financing”.

    On industrial development he says, “We will utilize the advantage which we have in generating electricity and our location as the heartbeat of the nation to attract industries to Edo State. This will come by helping local businesses particularly SMEs with the enabling environment to thrive”. He also promised that his government will establish a one-stop-shop to provide incentives and support to make it easier for the people to produce goods and services.

    The governor also promised to focus on improving the ease of doing business and provide credit enhancements for businesses operating within the state with special attention on the productive industries. This is in addition to consolidating the gains of the last eight years by continuing the infrastructure revolution and urban renewal initiatives.

    While not unmindful of the enormity of the challenges ahead, the governor nonetheless says that “The honour that this fortuitous coincidence bestows on me will always be a constant reminder of the enormity of the task which is to guide the pursuit of the good and well-being of the people of Edo State with relentless vigour, uncompromising commitment and diligence”.

     

    • Odalo, a journalist wrote from Benin City.

  • Rising global tensions and achievement of SDGs agenda

    It is over a year now when the world leaders gathered in New York to propose a 17-goal agenda with 69 components aimed at ending poverty, protecting the planet, as well as ensuring prosperity for all. The United Nations (UN) described these goals as those that will “transform our world” within the next 15 years, which lapses in 2030.

    These goals include campaign to end poverty, working to achieve zero hunger, provision of good health and well-being, access to quality education, achieving gender equality, access to potable water and sanitation, affordable clean energy, decent work and economic growth, innovation and infrastructure, reduced inequalities, sustainable cities and communities.

    Others are responsible consumption and production, climate action, protection of lives below water, life on land, peace, justice and strong institutions, and partnerships for the goals.

    These set goals are to build upon the gains of the Millennium Development Goals (MDGs). The new goals are achievable if we collectively play our part towards their actualisation before the deadline. However, the slow global economic growth, rising political tensions across the globe, unending wars in Syria, provocations from North Korea, terrorist attacks in Europe, gun violence in America, Boko Haram/Biafra/Niger-Delta crisis in Nigeria and many more are some of the hindering factors that may affect the actualisation of these goals.

    Except urgent actions are taken to address and arrest the ugly incidents globally, the situation at hand would become worrisome and gradually reversing some of the gains and achievements of the MDGs.

    The number of Internally Displaced Persons (IDPs) across the world is becoming alarming, because of the renewed conflicts in Africa and Middle-East. These crises we witness daily are caused more by human factors. Only a measureable fraction is caused by natural disasters as seen in the case of Haiti and other countries rocked by hurricane and earthquakes. In Africa where the frequent of natural disasters are reduced, most IDPs are rendered homeless because of political and ethno-religious crises.

    It would be recalled that, after the post-MDGs’ 15-year plan, the success recorded included lifting about one billion people out of extreme poverty. About 137 million children got enrolled in primary schools, deaths from diseases, such as malaria and tuberculosis were reduced drastically. These and many more gave hope for the transformation of our world, but the above-mentioned impediments need to be tackled without further delay. If world leaders do not introduce measures to contain crises caused by human factors, things might go out of hand and many more people may be displaced in Latin America, Europe, Asia and Africa.

    There is an urgent need to review the remote causes of human crises. From this writer’s point of view, politics and religion are at the bottom of the crises. It is my belief that we need a genuine and sincere political solutions and quick action that would possibly provide positive outcome. The SDGs goals would amount to a journey to nowhere if proper measures are not taken.

    In other to move forward, there is need for the democratisation of the UN Security Council and also the convocation of international conference on peace. More so, there should be a sincere call for ceasefire and hostilities in all flashpoints of the world. The America’s divisive foreign policy on democratisation in the Middle-East and elsewhere should be reviewed. This would reduce conflicts and restore confidence in America’s effort to promote democracy in places where civil rule is alien.

     

    Sheyi is a Postgraduate diploma student of Conflict, Development and Security, University of Leeds, UK

     

     

     

  • Oke unfolds industrialisation agenda

    Oke unfolds industrialisation agenda

    The candidate of the Alliance for Democracy (AD) in Ondo State, Chief Olusola Oke, has expressed dismay at the state of the abandoned multi-billion naira Okeluse cement factory and the Ifon ceramics industry located in Ose Local Government Area.

    He promised to revamp the companies and make them viable for the development of the state.

    Oke, whose mother hails from Imoru, Ose local government, was in the area in continuation of his campaign tour, preparatory to the November 26 election. He bemoaned the derelict state of the factories, which he lamented, were dead, despite billions of naira  spent on them by the Olusegun Mimiko administration.

    While addressing a mammoth crowd of supporters at Ifon, Oke, who was hailed as their worthy son by the people,  said: “ Isn’t it sad that this very important ceramics factory is lying in ruins? We have inundated with tall tales of billions of naira spent on the Ifon Ceramics factory by this government and up till today, what do we have? A dead factory, which ought to have employed thousands of our youth who have now turned to riding commercial motorcycles and doing all sorts of odd jobs to survive.”

    Oke asked whether a bag of cement had been bagged from the vast deposits of limestone and the glib assurances that cement would be produced in Okeluse. The people replied in the negative.

    The flag bearer promised to harness the huge limeston and ensure that the factory begins to roll out real cement.

    His words: “We are going to turn around the fortunes of all our industries and make them functional. We shall ensure that we bring back the Ondo State of old where industries abound, where our youths were gainfully employed. We will bring in investors with finances to partner with us in this onerous task of industrialising the State.

    “We are going to plug wastages, renegotiate the huge debt which the outgoing government has incurred, build all our industries and partner with investors to make Ondo State.

    “From the riverine areas of Ondo, to the hinterland of Akoko and  indeed all over the State, industries hitherto built by the founding fathers of the State are in comatose and we shall resuscitate them all to make our state great again, this is our pact with the people,” he assured the cheering people.

    Oke, who also visited Ifon, Imoru, Ute, Arimogija and, ijagba Okeluse, was received by supporters who promised to vote for him at the poll.

  • Agenda for judges in new legal year

    Agenda for judges in new legal year

    During the last legal year, the judiciary was the butt of criticism. The institution did not help matters with the conflicting judgments by some judges. As a new legal year began last Friday, the judiciary has a chance to redeem its image. Will it take the chance? ROBERT EGBE sought lawyers’ views.

    THE last legal year ended on a sour note  last July, for the third arm of government. Reason: The institution came under fire for corruption, poor work ethics and alleged obstruction of the anti-graft crusade.

    It also shot itself in the foot with conflicting decisions by some judges.

     

    Speedy justice delivery

     

    President Muhammadu Buhari was one of the judiciary’s critics. The President, who came into power with, among others, the promise to curb corruption, lamented on some occasions that corruption cases were not moving as fast as they should in the courts.

    At a workshop in Abuja titled: “Role of the judiciary in the fight against corruption”, on July 18, organised by the Presidential Advisory Committee Against Corruption in collaboration with the National Judicial Institute (NJI), Commonwealth Secretariat and United Nations Office on Drugs and Crimes (UNODC), the President accused some lawyers of delay tactics.

    “The judiciary must fight delay of cases in court as well as fight corruption in its own ranks, perceived or otherwise. We expect to see less tolerance for delay tactics used by defence lawyers or even the prosecution in taking cases to conclusion,’’ he said.

    The President observed that these delays persisted despite the reforms introduced in the Administration of Criminal Justice Act (ACJA) 2015 to hasten criminal trials.

    Chief Justice of Nigeria (CJN), Mahmud Mohammed, the Nigerian Bar Association (NBA) and some senior lawyers have, on some occassions, spoken on the issue.

    Why have the ACJA reforms not taken root? To Presidential Advisory Committee Against Corruption (PACAC) Chairman, Prof Itse Sagay (SAN), it is because judges are “still learning and trying to come to terms with it”.

    He said: “Unfortunately, quite a number of them are still being influenced by the old law. When they think they’re complying, they’re mixing things up. One common area they’re still making a mistake is when someone brings an application particularly challenging jurisdiction. Some of them still think that they ought to take that application and give a ruling on the spot, which is wrong and contrary to the ACJA.

    “What they should do is to take the application, both the applicant and prosecuting counsel will address the court, the court will note everything down, and without giving a ruling, go on with the substantive corruption matter. At the end of it all, when witnesses had been taken, the judge then gives his ruling on the issue of jurisdiction as well as his judgment.

    “But, many of them are still under the impression that once it’s a matter that has to do with jurisdiction, they will say to themselves: ‘Without me having jurisdiction, I can’t handle this matter, so let me deliver a ruling’. No. They’re not supposed to deliver a ruling. If they do that, they’re breaching the law themselves.”

    • Adesina
    • Adesina

    Former NBA General Secretary Mr Dele Adesina (SAN) also addressed the “allegation that corruption cases are being delayed, that the judiciary is not a willing or ready collaborator with government”. He suggested that in the new year, delays could be reduced if the NBA applied its disciplinary powers.

    He said: “You see. It is important for us, as a people, to recognise the system, the procedure under which the judiciary operates. Judicial procedure cannot be short-circuited. The process is automatic and these procedures are duly contained in extant provisions of the law and must be followed.

    “That doesn’t stop us from sitting down and discussing how we can fine tune and fast track the process without compromising any other laws that I referred to. That does not stop us from using the disciplinary procedures of the Nigerian Bar Association to punish wrongful attitudes of practitioners of the law.

    “I believe if we look at these two areas, we can address the issue of delay without compromising standards and jettisoning our substantive and procedural laws.”

     

    Corruption-free judiciary?

     

    Allegations of corrupt practices against some lawyers and judicial officers were rife last legal year. Perhaps the most notable was the criminal trial of Rickey Tarfa (SAN) on a 27-count charge of offering gratification to a public officer, among others.

    The NBA recognised the problem and its President, Abubakar Mahmoud (SAN) last August 3, promised not to shield lawyers found wanting.

    He said: “Under my administration, we will not tolerate senior lawyers undermining justice administration in any way. The NBA will work hard to ensure that we flush out lawyers with integrity deficit. Most importantly, we are going to place emphasis on change of attitude.”

    However, some lawyers warn that care must be taken to not paint all of the judiciary with the brush of corruption.

    Adesina opined that despite the allegations, Nigeria’s judiciary remains one of the best in the world.

    He said: “That is not to say that there can be no room for improvement. I cannot claim to be unaware of criticisms against the judiciary. One of them is that the judiciary is corrupt. This is the most uncharitable statement that can be made of the Nigerian judiciary.”

    Adesina challenged “the people who made this allegation, this generalisation,” to go a step further and identify the courts or judges that are corrupt.

    “The stigmatisation of the entire judiciary will not do this nation any good. People approach the courts because they have confidence that they will have justice. If we continue to stigmatise our judiciary, this confidence and trust will be eroded. If that happens, there will be a question mark on the efficacy of our judicial system and anarchy will not be far from such a system.

    “So, my advice in the new year is that anybody that will make an allegation of corruption must go further and name those that are corrupt and such judges should be made to face the full wrath of the law.

    “If there is a desire to carry out a sanitisation process, let it be done, but the manner of generalising allegation against the whole system is not good enough,” Adesina added.

    Former secretary, Nigerian Bar Association (NBA), Lagos branch, Mr. Seth Amaefule, blamed corruption in the judiciary on, among others, a ‘weak system’.

    Amaefule said: “One of the things that encourage corruption in the legal profession is a weak system whereby people live above their means and no questions are asked. You may find a judicial officer living and acquiring property well above his income and nobody asks any question. That’s a weak system that encourages corruption. If I know I can do it and get away with it, then why not?”

     

    End to conflicting judgments

     

    During the yearly conference of Justices of the Court of Appeal (JCAs) in Abuja, a few months ago,  Mohammed cautioned judges against giving conflicting judgments.

    He said: “Such judicial contradictions only result in untold hardships to litigants in their quest for justice. They further cast your lordships in an unfavourable light and leave the judiciary at the mercy of innuendos, crass publications and editorials.”

    The ‘innuendos, crass publications and editorials’ the CJN warned of came fast last August when Justice Okon Abang of the Federal High Court in Abuja and Justice Ibrahim Watila in the court’s Port Harcourt Division gave ‘rival’ decisions on the Peoples Democratic Party (PDP) convention slated for August 17.

    While Justice Abang stopped the convention, warning that there would be consequences should his order be flouted, Justice Watila gave the greenlight for the convention to hold, directing the police to provide security.

    Also while Justice Abang ordered the suspension of the PDP convention because it was being held in contravention of his order, Justice Watila ordered it to go on because there was no application  seeking to stop it.

    Amaefule urged the judiciary to get its act right.

    He said: “Before you take a decision on a matter, you find out from your brother judges about any similar matters going on and there is nothing wrong for a judge to call parties and say ‘there is a matter in which issues similar to the ones we are dealing with here are being litigated in another court. So as not to have conflicting decisions let us await the outcome of the matter in the other court.’

    “There is nothing wrong with the judge taking that position. This issue of conflicting decisions exposed the judiciary to a lot of public disrepute and I don’t think it speaks well of the judiciary, so a lot needs to be done to clean up the act of the judiciary.”

    Amaefule observed that it would be unfair to judge the judiciary in the outgone legal year on the basis of the conflicting cases.

    He said: “It is just a few cases that have thrown up all this dust. Take note that these decisions that have thrown up dust are essentially political decisions or decisions affecting political parties, so they are bound to be sensational, but it is not enough to use that to judge the performance of the judiciary.”

    •Ukamba
    •Ukamba

    Lagos lawyer Ugochukwu Ukamba, urged the courts to find a way to synchronise their decisions in real time.

    He said: “Traditionally, it is not uncommon to have incidents of conflicting decisions from the Court of Appeal. In my opinion, this is due largely to the fact that the Appeal Court hasn’t found a way to, in real time, synchronise its decisions from its various divisions.

    “A case in point is the divergent views of the Court of Appeal on the proper parties to a Garnishee Proceedings – there are decisions from the Court of Appeal suggesting that the judgment debtor is not a necessary party to the proceedings, there are other decisions suggesting that the judgment debtor is a necessary party.

    “These conflicts are not healthy for the polity as litigants are at a loss as to which of them to follow.”

    Ukamba also urged the judiciary to take more advantage of “the efficiency that technology offers to automate some of the processes that clog the expeditious conclusion of cases”.

    He continued: “The Lagos judiciary is taking a bold step in making provisions for electronic filing of court processes. This can be replicated in other states.

    “It is sad that in 2016, judges and magistrates still take down court proceedings in long hand thereby considerably slowing down the adjudication process. I believe that concerted efforts should be made in installing electronic recorders in court rooms.

    ”We need to take a holistic look at the ACJA, find out the loopholes that are being exploited by the high profile cases that are presently being prosecuted under it and find a way to plug those holes.”

  • MLSCN kicks off e-licensing, presents policy agenda

    The Acting Registrar/CEO, Medical Laboratory Science Council of Nigeria (MLSCN), Mr Tosan Erhabor, has called on stakeholders of the profession to help the Council in achieving its mandate.

    He made this call at the third stakeholders meeting – the first since he took over the mantle of leadership of the Council after the murder of late Acting Registrar/CEO Mrs Olufunmilayo F. Omotuyi.

    While addressing the August gathering, he informed them that the meeting was called to present the protocol for inspection of medical laboratories in Nigeria as resolved during the stakeholders meeting in May 2016. It was also to present the tripod of his change administration, which he said is “a policy strategy for implementation hinged on tripartite agenda of Registration, Regulation, and Accreditation driven by 15 measurable cardinal points.”

    Erhabor told the gathering that his administration has already kick started its bottom-up approach in order to deviate from the norms which has given the Council a bad name in the past and key into the change mantra of the administration of President Muhammudu Buhari by kicking off the e-licensing for members in collaboration with IHRIS with effect from 1st August 2016.  With this according to him “members in good standing can now print their 2016 license in the comfort of their homes and offices” the procedure he said has been hoisted on the Council website: www.mlscn.gov.ng  This he observed “will go a long way in removing the bottleneck experienced by members in their quest to obtain their annual license to practic”.

    He intimated the house that a workshop aimed at re-orientating the staff on the change sweeping across the Council had earlier been organised to make sure they key into this mantra and have attitudinal change towards their job so as to render “qualitative service to the members of the Council, its publics and stakeholders”.

    He thanked the elders for their support during the trying period of the council which he tagged “the dark days, a period that will always bring bad memories in the history of the Council”.   He regretted   the unfortunate incident by lamenting: “if not the evil murderer she would have been in her home savoring her terminal leave in  the midst of family and friends and I will still be sitting here as the Acting Registrar/CEO being the most senior officer in the Council”, he said and prayed for the repose of her soul.

    He therefore asserted his management’s commitment in making sure the perpetrators of the dastardly act are brought to book by collaborating with the Security agents.

    The former Chairman Board of Council Prof Dennis Agbonlahor, who chairman the meeting, lauded the new management under Mr Tosan Erhabor, for the peace in the Council since the inception of his administration after the death of   Mrs Omotuyi, who  he described as “a martyr of the profession”.

    He promised that the elders of the Council will continue to support the management in its quest to achieve its mandate.

  • Restructuring and the Yoruba agenda

    The submission of the former Vice President Alhaji Atiku Abubakar, GCON on the restructuring of the Nigerian political system is very instructive.

    Likewise are the submissions also of Pastor Tunde Bakare, General Alani Ipoola Akinrinade (Rtd.), Mohammed Haruna, Senator Musa Adede, Bishop Mike Okonkwo, Chief Wole Olanipekun, Chief Chukwuemeka Ezeife, Chief Ayo Adebanjo, Senator Femi Okunronmu and others.

    I have read the four books by Colonel Tony Nyiam (Rtd.) especially his 169-page book on “TRUE FEDERAL DEMOCRACY OR AWAITING IMPLOSION?” I agree with his suggestion on the need for the creation for a National Institute for the strategic management of Nigeria’s Security. And those who know Nigeria well enough don’t joke with the views of Colonel Nyiam.

    During the tenure of General Sani Abacha, leaders and Obas in Lagos, Oyo, Osun, Ondo and Ogun met on April 6, 1994 in Abeokuta. At the end of the meeting a draft memorandum was prepared by a committee. As a follow up of the Abeokuta meeting, a memorandum was prepared and approved at a meeting held on May 11 1994 in Akure. The memorandum was adopted by acclamation at the Akure meeting. That memorandum represented the soul and authoritative views of all the Obas, Chiefs, Leaders of Thought and the entire People of Lagos, Ogun, Ondo, Osun and Oyo states of the Federal Republic of Nigeria.

    To me the views represents till today the authentic views of the Yoruba people on the issue of restructuring.

    They declared” We are convinced that the cause of Nigeria’s federalism will be well and truly advanced if we return to the pre-1996 evolutionary path: a balanced federal structure which recognizes fully the legitimate claims of all ethnic groups for self-determination and where no single entity among the federating units will be strong or powerful enough to hold the others to ransom, but where each of the federating units is large enough, both in terms of size and population as well as of resources, to be viable, self-reliant and dynamic. Other relevant factors include the homogeneity of each federating unit, geographic contiguity among the units of a region and demonstrable willingness to be together. In pursuance of the principle of self-determination and in the interest of the sustainability, any state or community shall have the opportunity to decide, through the democratic process, the region of its choice in the light of these criteria. In the light of the foregoing criteria, we propose the restructuring of Nigeria into six federating units to be known as regions. The six regions shall be Western, Eastern, Southern, North-Western, North-Eastern and Middle Belt Regions. The Western Region will group together the following States: Lagos, Ogun, Ondo, Osun and Oyo and all other Yoruba-speaking communities wherever they may be in the federation. The states that will constitute the other regions will be decided by their people subject to the observation of the principle of self-determination”. With the restructuring into six viable and potentially dynamic and prosperous regions, individually and collectively serving as a countervailing force to the centralizing tendencies of the centre, Nigeria will be constituted a federation of six regions. Each would have the power to prepare its own constitution and determine its political structure, its legislative organs and the structure of its executive, provided that nothing in the constitution of the regions conflicts with the fundamental tenets of federalism and with principles of the federal constitution.

    The function of the federal government must be clearly spelt out. Residual powers must lie with the regions. The federal government shall have no power to interfere in or take over any function of the regional government. Similarly, it shall have no power to interfere with the operations of any regional government. Each region shall determine the number functions and power of its constituent institutions.

    The National Assembly shall be bi-cameral: House of the People and the Upper House. Members shall be elected or designated for a period of four years with the possibility of re-election. Membership of the House of the People shall be by universal suffrage with constituencies delineated on the basis of population, contiguity, homogeneity and territorial expanse. Each region shall send an equal number of representatives to the Upper House, one-quarter of whom must be traditional ruler from within that region. Each region will be free to determine the basis and method of election/selection of its representative to that House.

    The Head of Government shall be the Prime Minister who shall be appointed by the President. The person to be so appointed, shall be the leader of the party or of a coalition of parties which has the support of the majority of the members of the House of the People. Whenever he loses such support, he shall resign or be dismissed. The Prime Minister shall be free to form his government which must receive the immediate endorsement of the House of the people through a vote of confidence. The Prime Minister shall resign or be dismissed whenever the majority of the House of the People withdraws its support.

    There shall be provision for power-sharing in the constitution. Power configuration shall be accorded a zoning status on rotational basis. For this purpose, five key portfolios (such as Internal Affairs and Petroleum) in addition to the office of the Prime Minister, shall be identified in the constitution and be assigned to five Deputy Prime Ministers drawn from the five regions, other than region from which the Prime Minster hails. For avoidance of doubt, the Prime Minister, the Deputy Prime Ministers and all members of government shall be elected members of the House of the People.”

    “The principle of derivation in which each region will retain an overwhelming share, if not all, of the revenue accruing from the tax imposed on the natural resources within its territory, shall apply. Revenue from the exploitation and custom duties shall be put in distributable pool account to be shared between the federal and the regional governments in accordance with an agreed formula, but with special consideration being given to the region(s) where the facilities for their collection are located. Every effort must be made to achieve self-reliance in mobilizing resources by all the regions and the federation. In particular, no region must take proportionally more than what it contributes to the federation financially. There shall be no direct federal allocation to state local governments. With regard to the power of personal and direct taxation, such as personal income tax, capital-gains tax, sales tax and property tax, governments shall have the right to levy them that provided that, in order to ensure efficiency, a uniform tax base should be applied and tax rate split between the federal and regional governments. The rate of tax can differ from region to region so that regional revenue can be enhanced to respond to the special needs of a particular region and in accordance with the ability and willingness if the citizens to pay higher taxes”.

    These were the views expressed 22 years ago. These views are still being re-echoed today because they are important and vital to our co-existence as a nation. The question is no longer whether restructuring is desired or not; we have passed that stage. The issue is when and how it will be implemented without amending the present presidential constitution that is in use. Will the present legislators and the executives allow for such an amendment knowing fully well that the present system benefits them?

     

    • Teniola, a former director at the presidency, stays in Lagos.
  • Re-opening of previous crimes: Setting agenda for investigators and investigations

    Re-opening of previous crimes: Setting agenda for investigators and investigations

    In this analysis, lawyer and public affairs commentator WAHAB SHITTU suggests what should be done to make the investigations of criminal cases stress-free and how to make the prosecutions of perpetrators of heinous crimes conclusive. 

    The searchlight on all categories of law enforcement agents – Police, anti-graft agencies, Department of State Services (DSS) and other intelligent agencies have assumed lately increasing dimension given the declared war of the present administration against corruption and the urgent need to stamp out all forms of criminalities whether occurring in the past, present or the future.

    In many instances, Nigerians have expressed frustrations with the process blaming the state for not being able to bring alleged perpetrators of heinous offences to book. The blame game has shifted from the police to the lawyers with some other elements also pointing accusing fingers in the direction of the judiciary.

    This intervention is designed to highlight some of the basic elements that could deliver successful prosecutions starting of course with the primacy of effective and efficient investigations and what ought to be put in place to achieve this objective. Investigation must focus on basic tenets such as identifying who committed the criminal act and gathering sufficient evidence to secure a conviction.

    The element of effective and efficient investigation is particularly very important given the fact that investigation is the gateway to the courts and unless it performs adequately, the quality of subsequent justice will be poor.

    • No case should be taken to court without proper investigation no matter the extent of public outcry.
    • Emphasis should be placed on investigation-led arrests as opposed to arrest-led investigations.
    • Arraignment of suspects in court should be based on verifiable, conclusive and supportable findings arising from diligent investigations.
    • Investigators must be available at all times to give evidence in proof of the outcomes of the investigations.
    • Investigators must carry out all necessary steps including obtaining all relevant evidential materials in support of investigations.

    It is also important to guarantee the security and welfare of investigators including potential witnesses as well as sensitive documents in aid of the trial process.  More importantly, that the investigation process is adequately monitored to forestall compromise and severe sanctions should apply in the event of breaches.

    The other element that should be guaranteed is the security of evidential materials recovered during investigations, if possible, ensuring that such materials do not fall into private hands who could be subject of attacks targeting of course the recovery of those documents.

    It is also important to constantly test the character, integrity and moral standards of investigators including ensuring availability of up to date training programmes for investigators. There should also be stiffer penalties available to officers who deliberately bungled investigations for pecuniary or other vested interests. My final take on this is to call for a code of ethics to be put in place for all categories of investigators as a policy framework

    Investigations play a crucial role in our criminal jurisprudence as they form the basis for all prosecutions and trials. There is no investigative judge under the Nigerian legal system – the legal process is initiated by the prosecutor on the basis of the information received or obtained from sources, such as individuals, governments, international, inter-governmental or non-governmental organisations, or African Union (AU) qua United Nations (UN) organs.

    Once the prosecutor is satisfied that there are reasonable grounds to believe that crimes within the jurisdiction of the court/tribunal have been committed, an investigation begins.  By this token, the prosecutor is imbued with the responsibility of collecting evidence and information used for issuing indictment against suspected perpetrators; the prosecutor has the power to summon and question suspects, victims and witnesses, collect evidence and conduct on-sight investigations. In doing so, the prosecutor may seek the assistance of the state authorities concerned and such authorities are under obligation to cooperate with investigations and prosecutions.

    A fair and effective criminal justice system, an integral part of which is crime investigation built public confidence and underscores respect for law and order. In essence, crime investigation is the process by which the perpetrator of a crime, or intended crime, is identified through the gathering of facts/evidence, although it may also involve an assessment of whether a crime has been committed in the first place. Investigation can be reactive i.e. applied to crimes that have already taken place or proactive), i.e. targeting a particular criminal or forestalling a criminal activity planned for the future. In this light, an effective investigation and efficient investigator are a necessary prerequisite for the prosecution to charge a defendant.

    Prosecution can charge defendants with two types of individual criminal responsibility.  The first is for personally planning, instigating, ordering, committing or aiding and abetting in a crime. Such responsibility encompasses the doctrine of joint criminal enterprise, which has often been used to describe situations where several persons having a common purpose embark on criminal activities.

    The second is for being in the position of authority and knowing or having reason to know that a subordinate or subordinates were about to commit or had committed such crimes but failed to prevent or punish them. This is otherwise known as superior responsibility. In other words, in the commission of a crime, there are usually the principal offenders and the secondary offenders. The Principal offenders are usually the ones whose act is the most immediate cause of the actus reus. Secondary parties are usually those who aid, abet, counsel or procure the commission of a crime.

    To conduct criminal investigations effectively, an investigator will need considerable powers. These include the power to detain a suspect;  seize property as evidence;  search for evidence; both in premises and on persons;  interview suspects (and, in doing so, question their honesty and character, which in some countries, may otherwise be considered to be an act of defamation, a criminal offence);  require samples, such as fingerprints and DNA, and to take photographs; run identification procedures;  interview witnesses, including victims; ask members of the public questions;  keep and maintain personal and confidential information; use technical and personal surveillance and use other intrusive means to observe persons; work undercover (i.e. pretend to be someone else) or use informants; protect and relocate witnesses; undertake otherwise illegal activity, such as possess illegal substances, carry weapons, force entry to property, or monitor illegal internet traffic.

    Increasingly, an investigator also needs to be able to call on international assistance in order to track the activities of criminals across internationally borders. There are normally international organisations and bi-lateral agreements in existence that can offer support, but such facilities need to be accessible and viable for any investigator working at a local level.

    In addition to developing an understanding of the strengths and weaknesses of a state’s approach to the investigation of crime by police, the assessor should be able to identify opportunities for reform and development. Technical assistance in the area of police investigation in the context of a broader strategic framework may include work that will enhance drafting or amendment; implementation and monitoring of relevant legal framework, including codes of conduct and/or criminal procedure;  development of forensic science capacity; enhancement of investigation skills and standards, especially in specialist areas, such as financial investigation, cyber-crime, interviewing techniques; equipment and processes for proper and secure handling of evidence and exhibits; enhancement of identification procedures, including use of photo-fit, photo identification, and identification parades; rules, guidelines and training on use of covert surveillance and informants; transmission of good practice in interviewing suspects; relevant guidelines and training materials.

    The jurisprudence of investigations and investigators in the Nigeria political landscape appeared to have been swept under the carpets until the recent reassured declaration by the President to re-open previous crimes, this is against the backdrop of the purpose/essence of criminal law which is to punish and deter the culprits.

    The list of murder and assassinated victims in Nigeria seems to be swelling with the Police seeming lost.  I wonder whether it is a case of conspiracy or outright lousiness. Check the list: Dele Giwa, Dipo Dina, Bola Ige, Moshood Abiola, Funsho Williams, Dr. Ayo Daramola, Kehinde Fasuba, Chukwuma Ogbueli, Odunayo Olagbaju, Pa Alfred Rewane, Chief Dikibo, Harry Marshal, Suliat Adedeji, Kudirat Abiola, Tunde Oladepo, Omololu Falobi, Godwin Agbroko, Abayomi Ogundeji, Bayo Ohu and Edo Sule Ugbagwu.

    The pain of losing these Nigerians so early and so cruelly remains fresh in our memory. Its stabs us each time we remember that the vacuum they have created will never be filled again. In this wise, investigations and investigators should be at the front burner of championing the cause of justice by fetching out and prosecute the perpetrators of this illegality.

    Investigators deal with many different categories of witnesses during the investigation, including victims and survivors, experts, internationals and insiders. Victim or survivor witnesses are a crucial source of evidence as they are in a position to describe what took place and identify those involved.

    This is critical in the preparation of the indictment and can often lead to new sources of evidence. Actually finding the first witness can sometimes be difficult. Investigations often started years after the events took place, and witnesses might have moved away or died. The passage of time and the removal to a location far from where the events unfolded can dull the memory of some witnesses.

    Often, while the evidence given will show who was directly involved, those identified tend to be lower level suspects, and eyewitness evidence cannot identify where the orders came from, or who the commanding officers were. Finally, a witness may decide not to testify because they wish to forget the events that took place, or they are psychologically unable to give evidence. They may also fear intimidation or reprisals.

    Expert witnesses are connected to the investigation in some manner but were not directly involved in the events. It can include, for example, military and political analysts called to provide a background to what was taking place across the country or to interpret document collections, or scientific researchers who may have helped uncover evidence such as mass graves or examined crucial aspects of the evidence such as DNA samples.

    International witnesses include diplomats or foreign military officers who were active in the conflict area at the time and can often provide valuable information to the investigators, especially if they held meetings with the suspects or other high-ranking civilian or military officials. They may, for instance, be able to provide proof that the suspect was informed about certain atrocities or military operations. Insider witnesses can provide valuable evidence in linking the accused to the crime base through direct or circumstantial evidence.

    Insider witnesses tend to be either witnesses with “blood on their hands”, or those who have been privy to the orders given.

    Investigation is a core duty of policing. Interviewing victims, witnesses and suspects is central to the success of an investigation and the highest standards need to be upheld. Forces need to develop and maintain the valuable resource of a skilled interviewer. Interviews that are conducted professionally and quality assured realise several benefits.

    In particular, they can direct an investigation and gather material, which in turn can lead to a prosecution or early release of an innocent person, support the prosecution case, thereby saving time, money and resources and increase public confidence in the police service, particularly with witnesses and victims of crimes who come into direct contact with the police.

    Without the accounts of those who played a central role in the crime, or those who have witnessed an important aspect of the commission of a crime, other sources of material such as Close Circuit Television (CCTV) images, fingerprints and forensic material, although extremely important, may have little value. Conducting investigative interviews is, therefore, a crucial element of the process of investigation.

    The foregoing may have shown the urgent need to pay closer attention to the quality of investigations, otherwise, public outcry targeting bungled prosecutions would be meaningless as the law court, not being a charity organisation, can only act on the basis of the quality of materials placed before the judex.