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Tag: democracy

  • Education and democracy: training the future generation (4)

    Education and democracy: training the future generation (4)

    Apart from periodic panelbeating of the education sector, far-reaching reforms of this sector cannot be achieved without a national dialogue 

    In a six-part essay, today’s piece is still on primary and secondary education, for obvious reasons. Without a solid background in these two levels of schooling, all efforts to advance and achieve competitiveness in a knowledge-driven universe will come to naught, regardless of how prestigious tertiary education institutions appear to be. I, therefore, crave indulgence from readers who may be tired about reading my opinion on how to prepare Nigeria for the new world that is staring it in the face.

    We said, among other things, last week, that reforming education in our country will involve new strategies to ensure highly motivated learners/teachers, conducive learning conditions; qualified teachers; dedicated school administrators; etc. There is the tendency to think (the way most federal politicians and their administrators do) that promising to throw money at these challenges may be enough to keep citizens inspired to learn. Some may even argue that spending up to 24% of the country’s annual budget on education as recommended by UNESCO, instead of the paltry 4% that is usually allocated to the education sector will transform the nation’s education landscape. Given the parlous state of governance over the years, giving 24% of the nation’s budget to education is not likely to create a sufficient condition for improving the quality of education. Doing just that is likely to fuel the culture of corruption within the circles of politicians and bureaucrats put in charge of the sector.

    What must happen before the right percentage of annual budget is allocated to education is to have the right ideological framework for governing the country at all levels: federal, state, and local. Put simply, there is a need for political parties and their leaders to provide leadership in creating development vision and mission that can inspire and mobilise citizens. Such vision must include measurable and visible milestones that citizens can identify with. Using the mantra of unity and transformation to inspire citizens is too vague and devoid of measurable milestones for citizens to identify with. Leaders of other nations have in recent times created visions that have helped to transform their countries. South Korea, Singapore, Brazil, India, Mexico, and even United Arab Emirates have all created national goals that have kept both their governors and citizens moving towards progress, not only in education but in other sectors.

    Nigeria had even done something like that in the past. According to LadipoAdamolekun, BisiAdesola, and Chief BisiAkande in Legacy of Educational Excellence, the Universal Free Education Programme of Western Nigeria in the years before Nigeria’s independence and civil war would not have succeeded if there was no synergy between the government and the civil service that served it and without the mobilisation of the citizens done by the Action Group in the 1950s. With an ideological mission that set out to improve freedom and quality of life of citizens in the Western Region, the Action Group used the motto of “Freedom for all, Life moreAbundant” to mobilise citizens to support all its developmental projects including education. This explained why it was possible for Western Nigeria to create the Partnership Model for education provision almost half a century before it became popular in many countries today. The Partnership Model in Western Nigeria then recognised the government as the agency with superintending responsibility for education and of citizens, communities, and religious institutions as partners in a vineyard that was directed by politicians and administrators at both state and local government levels. Local governments, under the nose of parents with children in the schools, managed the schools while the state government provided financial support through revenue from taxation. The success in provision of primary and secondary education in Western Nigeria later turned into failure under the auspices of military dictatorships, as Adamolekun pointedly observed : “The unitary and centralised command structures of the military contrasted with the ‘true’ federalist arrangements within which the Western Nigerian ‘success story’ was incubated and implemented.”

    The institutional decay and educational decline that started with increased unitary governance under the military and that appears to have become an abiding aspect of federal governance in the post-military era have created a situation where states and local governments no longer have the powers to raise taxes to fund their own development. By depending on handouts from the federal government, many states and local governments have also sought and obtained support from the federal government in their direct and indirect efforts to alienate citizens. The result of decades of institutional decay and a national journey without destination under post-military rule is the failure that abounds in all levels of education, particularly in the most seminal level: primary/secondary education.

    Apart from periodic panelbeating of the education sector, far-reaching reforms of this sector cannot be achieved without a national dialogue that allows each part of the country to spell out what it hopes to achieve for its citizens in a highly competitive global market. Throwing money periodically and grudgingly at tertiary education and after long periods of strikes may not lead to meaningful education reform. We may not know what type of education to give citizens and how to do so effectively until we know where we want our nation to be in the future and what capacities we want our citizens to have.

    As Adamolekun has aptly observed, our citizens have been demobilised for over three decades. The demobilisation has arisen from an ethos of increased unitary rule and the disjuncture between government and citizens created by a system of funding through allocation of funds from a central purse constituted by rents collected from extractive industries and the spoils system that this has engendered during and after military rule. Local governments and states need to be autonomous enough to raise funds for their own development. This is not in the sense intended by lawmakers (now engaged in some form of constitutional amendment) to allow local governments to spend money donated to them by the federal government without any oversight by the states that compose them; it is in the sense of giving states and local governments autonomy to raise the taxes they need from citizens, the real owners of the country and its parts, and to collaboratively engage citizens in creating a functional education system from primary to postgraduate training.

    In other words, the ethos of nation building that was evident in Western Nigeria in the 1950s and that is evident in most federal states in the world today needs to be retrieved by those who make it their calling to rule Nigeria and its parts. Just as Chief Akande once observed, “At present, Nigeria has no educational system with adequate philosophical objectives as a backbone. It can be seen therefore that the major purpose of most Nigerian educational institutions is administration of an examination orientation.” Primary and secondary education has to be reformed urgently and given a goal that is larger than running elaborate examination boards. Creating good philosophers and plumbers (used here as metaphors for effective academic and vocational training) depends on agreeing on what kind of Nigeria and Nigerians the country and its parts desire to produce to ensure sustainable unity and development. Doing this requires paying more attention to primary/secondary education.

    To be continued

  • CNPP to PDP: don’t derail democracy

    The Sokoto State chapter of the Conference of Nigerian Political Parties (CNPP) has appealed to the Peoples Democratic Party (PDP) not to allow its crises to derail the country’s hard-earned democracy.

    Chairman of chapter, Alhaji Abba Sidi, told the News Agency of Nigeria (NAN) on Monday in Sokoto that the current political stalemate within the party was contributing in overheating the nation’s polity.

    “We should be careful not to truncate our hard-earned democracy because of some greedy politicians, who see elective positions as the only way to serve the people,” he said.

    Sidi said the intervention of former heads of state and prominent leaders would pave the way for thorough reconciliation in the party, for the over-all political development of the country.

    He said the future generation of Nigerians would hold the current leaders responsible if the political dispensation derailed.

    “ There are many ways one can contribute towards the nation’s development, not really being elected.

    “The recent Nigerian Governors’  Forum election and the Rivers House of Assembly crises are not in the best interest of  democracy.”

    He also called for more political tolerance and understanding among politicians for peace and political development to prevail.

  • Education and democracy: training the future generation 1

    Education and democracy: training the future generation 1

    A popular government without popular information or the means of acquiring it is but a prologue to Farce or Tragedy or perhaps both. Knowledge will forever govern ignorance, and a people who mean to be their own Governors must arm themselves with the power of knowledge.- James Madison
    There is but one method of rendering a republican form of government durable, and this is by disseminating the seeds of virtue and knowledge through every part of the state by means of proper places and modes of education and this can be done effectively only by the aid of the legislature.—Benjamin Rush
    It is only when the minds of men have been properly and rigorously cultivated and garnished, that they can be safely entrusted with public affairs with a certainty and assuredness that they will make the best of their unique opportunity and assignment.-Obafemi Awolowo

    Today’s piece is the first of a series on an issue that should be of serious concern to lovers of a united and progressive Nigeria: educating and training those who are to keep Nigeria going. The three quotations overleaf by two of United States of America’s founding fathers and one of Nigeria’s founding fathers capture the themes that circumscribe the articles on education and democracy in this column for the next few weeks.

    Given the arguments— pros and cons— that attended to the recent strike by the Academic Staff Union of Universities (ASUU), it should not require a great measure of brilliance on the part of the average Nigerian that the country is not giving enough attention to the most important ingredient that can sustain its unity and predispose it to sustainable democracy and development. When government spokespersons rest their argument against provision of credible higher education on lack of funds, the average citizen needs to get worried about what awaits his or her children in a country that is a part of a modern world driven by knowledge. The articles planned for the next few weeks are designed to express concerns about the way to provide proper education that can keep our country together as a democratic federation in a global political and economic ethos that is driven by freedom and innovation.

    Some of the questions once asked by Bertrand Russell and John Dewey will be repeated in the series, with the hope of stimulating discussion on what true patriots of our country need to worry about as they prepare their younger ones for life beyond them in a country that appears to have been at the crossroads for too long with respect to how best to educate the citizenry in a highly competitive global environment. Put simply, the issue that education has a role in making democracy a workable system and that democracy has a role in making education profitable to the individual and the community in which he or she lives will be repeated in the discussion in the next few weeks on what the government and the citizen need to do to save the country’s democracy and federation.

    Nigeria is not without its own thinkers and doers in the area of systematic promotion of the symbiosis between education and democracy. Chief ObafemiAwolowo and Chief AdekunleAjasin in particular had given deep thought to the role of education in nation building and in the making of a modern and progressive nation and citizenry. The initiation and funding of free primary public education in Western Nigeria in 1955 demonstrated and still demonstrates Chief Awolowo’s conviction that democracy might be a mirage if citizens (voters) are not educated. Using proceeds from taxes, initially paid grudgingly by citizens, as well as from proceeds from lottery in the 1950s to fund primary public education at a time when there was no trace of petroleum certainly underscores a rare commitment to education as a means of sustaining democracy and a way to prepare citizens for a meaningful life in the era of modernity.

    Most of the citizens from the Western part of Nigeria in the generation of this writer are largely products of Awolowo’s free primary education provided by a combination of properly coordinated public and private or sectarian schools in the 1950s. In the assessment of nationals and foreigners in the field of higher education, there were few, if at all, complaints about the quality of education in Nigeria until the late 1970s or early 1980s. Education started to decline in Nigeria under military autocracy between 1983 and 1999. It should not surprise anyone if military dictators had no use for education for citizens, on account of the fact, that a highly educated citizenry could become too critical of authoritarianism. But there is no reason why an elected government should be afraid of giving proper education to citizens during a period of democratic rule. However, the quality of education in the last fourteen years of post-military rule has not improved considerably for citizens to believe that Nigerian military dictators are more averse to educated citizenry than elected civilians that succeeded them in 1999.

    The parlous state of education in the country at present recalls the Yoruba proverb: Oro sunukunojusunukun la fi n wo o. This translates roughly in English to a desperate problem requires a desperate solution. Providing the right type of education to sustain Nigeria’s democracy, development, and federation certainly calls for creative thinking on the part of all stakeholders: parents, students, federal, state, and local governments, and most especially the legislative branch of government at all levels. Attempting to amend a constitution that is riddled with confusion in respect of creating an educational culture and system in the country without paying any attention to how to re-design education in the country is similar to looking away from dealing with how to create a realistic and efficient security system in the country.

    Like the issue of law enforcement, educating and training the Nigerian child to the point that he or she can feel safe, self-confident, emboldened to express his or her opinions and live by the wish of the majority in a competitive global environment requires more than expressions of commitment to the promotion of a knowledge society in the country. It calls for fresh and deep thinking on how to create an educational system or systems that can support aspirations of Nigerians to thrive in the modern global market. Consigning education to the realm of buck passing and bashing the professoriate may not solve the problems that have contributed in large parts to Nigeria being 145th on the Global Competitive Index and being 146th on account of poor primary education in the country. It is the legislature at all levels and the civil society across state borders that must lead a new discussion on the way forward, while lovers of inclusive political and economic institutions in the country pay attention to the need for a new strategy on how to educate Nigeria’s citizens.

  • Government, democracy and anarchy

    A  basic definition of government in Political Science is that a government is any government that can   legitimately and  consistently   maintain law  and order,  and  control the use of physical force within its given territorial area  It  follows therefore  that this  week’s   carnage in  Egypt, ancient    land of the Pharaohs  and  the  slaughter  of demonstrators  and supporters  of deposed President  Mohammed  Morsi  of the Muslim Brotherhood , a bloody spectacle brought to the rooms  and privacy of a global internet and TV audience,  should  provide food for thought today. This is because in just  one day   which  was Wednesday, the Health Ministry in Egypt announced that over 500 Egyptians    had been killed with over 40  Police officers included. The frighteningly bloody scenario  vividly showed a live tragedy  of  the use of violence  and force to establish law and order by a diarchy  of an Interim Egyptian  government  that claimed to have legitimacy  and authority which those it had to disperse, members of  the Muslim Brotherhood equally claimed it did not have.  In  effect then,  in Egypt this week,   a  violent contest ensued for the soul and possession  of  the powers  and might of the Pharaohs who  once ruled Egypt with a mighty hand, and it was a spectacle  that would  have made the  ancient rulers tremble in their graves, given  the way and manner Egyptians were  mowed down with  tanks, guns  and ammunitions   by   the government of   the day   in its resolve to assert  its authority, and prevent  a descent to anarchy in Egypt. But  then,  was Egypt  on the way to anarchy with the way the Morsi supporters were behaving or did the government  overreach itself in the way it ordered the clamp down and  the bloody removal of Morsi supporters? These are  the  questions begging for answers now  and in the immediate  future or perhaps eternity. Who  knows?

    Such  answers must   anyway  include speculations on Egypt’s immediate past especially the Housni  Mubarak era  and its closure by the Cairo Street demonstrations  two  years ago. We  ask   loudly,  would  Mubarak have ordered the sort of clamp down we saw last Wednesday? With the benefit of hindsight it is now clear that the US must have shown a red card to Mubarak that made him go peacefully by resigning and suffering the humiliation of being brought to trial in a cage and on his sick bed . But where was the US last week? Of  course  US  President Barak  Obama was on vacation  and he issued a statement from there. Yet,  the  angry  mobs of the Morsi supporters were still busy setting fire to government buildings in Egypt and the toll of the dead Egyptians was rising. In  his speech the US President said America cannot decide  the future of Egypt  as that is for the Egyptian people to decide. Which sums up the kernel of US policy on the Middle East and Egypt and  that    is to promote democracy and step aside once the situation gets murky and bloody, especially with the death of the US ambassador   in Benghazi still very much in mind. Which  also  inadvertently  but  inevitably opens the way for Islamic parties to fill the vacuum created by US dithering, volte face and lack  of commitment to its allies in the Middle East.

    The truth the Americans must face is that anywhere they support democracy in the Middle East, anti American sentiments centered around US  support for Israel   against  the Palestinians  and the building on the occupied territories,  will make the Islamist parties  to win  democratic elections  in such places.  It  is apparent that the US  is feeling the heat in this regard and that explains why it closed so many embassies all over the Middle East on security grounds last week towards the end of Ramadan based on information it intercepted on the plans of the leaders of Al Qada to cause mass terror   in the region at the end of Ramadan.

    One  cannot but recall US  relations with the Shah  of Iran  and how similar it was  to the fate that befell Housni Mubarak   of Egypt and US  withdrawal  of support at the last minute   in 2011. In the Shah’s case he was lucky to flee  and go into exile. But  at  an interview later,  he said  he could have stayed  if he wanted but he did not want any more bloodshed   and that paved the way for the return of Ayatollan Ruhollah Khomeini who  was in exile in Paris, France. Given what happened to Egyptians supporting Morsi this week, one must commend the Shah’s humanity and respect for human lives. Yet,  the Shah’s  departure ended any hope of democracy in Iran and brought in a theocracy that called the US ‘the Great Satan’ and waged war globally against the interests of the US and its allies. Similarly the US through the war on terror eliminated Sadam Hussein in Iraq, planted democracy and got Shiite Muslims who are in majority in terms of population  into power  and Iraq’s government became ipso facto a stooge of Teheran, while the Sunnis who  were in power under Saddam but are a minority  in Iraq, have been  blowing up   anyone and everything   in Iraq  ever since. Apparently and  on the surface,   the Americans hardly do any   diligent cost benefit analysis of their foreign forays to plant democracy,  but just jump  in when there are demonstrations and jump ship when demonstrators face the  fire power of the sit tight tyrants they want out of power, as  the Egyptians are learning at   very high   human  and mortal costs.

    Nigeria should learn  a lot from the Egyptian debacle which has led to the Interim government in Egypt  declaring   a one  month curfew and  a state of emergency. The  problem with Egypt is that the army is the political organ  giving the orders  while the Police is the organ pulling the trigger. It is a fascinating situation really. The army cannot come in because of US funding for Egypt’s huge military apparatus. But according to Obama the US has canceled a scheduled military exercise   for next month with the Egyptian army. This is meant to deter the army from joining the police in killing Morsi supporters but it may backfire if the army decides to really bare its fangs   and join the foray, once it knows that the US funds  are not coming anyway , and that will make Egypt’s  volatile politics  even  more costly and bloody in terms of human lives.

    The  lesson for Nigeria   ironically   is with regard to Boko Haram, the state of emergency in some North Eastern states  and the situation in Rivers State. This  week Boko Haram killed over 40 people worshipping in a mosque  and on Thursday the CNN showed the Head of Boko Haram mocking Nigeria and its army whose spokesman reportedly said  the Boko Haram leader had been killed together with his father who provided spiritual leadership to the terrorist group. What  is clear is that the Boko Haram leader’s video and the killing of innocent Nigerians in mosques and churches portray Nigeria as  a nation in  a state  of anarchy that Egypt was going before the clamp down or even after . In Nigeria election is not due till 2015 yet the political system is overheated with an arrogant and impudent Boko Haram challenge that mocks the nation and   the strength  of  its army   on global TV while claiming that it has subdued Nigeria and is now after the US. Nigeria should not be allowed to go the way of Egypt before the 2015 elections. Yet if you look again at the Rivers’ state political and security dispute between the Commissioner  of Police and the Governor of the State, it is a lesson in a descent    to anarchy. This  is  because the Police have withdrawn police protection for the Governor who does not trust the Police Commissioner and thinks he should be redeployed. But   the PC’s boss,  the Inspector General of Police has said that the PC is a professional doing his job and that speaks volumes on the security situation of the state and the safety of the governor himself .With what legitimate force can the Governor assert his authority and legitimacy in ruling the state outside the police?  None to me and that is really dangerous in a state that abounds  with  deadly  militant groups and well armed youths. There  may not be anarchy yet in Rivers state,  but it is already  getting to that,  and that,  compounded with the video of a taunting Boko Haram leader,  make us   look  as  a nation  like a rudderless ship lost  on the high seas   certainly around Port Harcourt, and that   too, really,  is a huge pity.

  • Democracy and socio-economic imbalance in Nigeria: The role of law

    Democracy and socio-economic imbalance in Nigeria: The role of law

    Non-justiciable Nature of Socio-Economic Rights

    Socio-economic rights are

    required for democracy to

    thrive in any country (thus giving it socio-economic balance). These rights are only present on paper in Nigeria and are, thus at best, ineffectual.  This is because of the provisions of section 6 (6) (c) of the Constitution of the Federal Republic of Nigeria, 1999 (As amended). Chapter II of the 1999 Nigerian Constitution (As Amended) covers sections 13 to 24 and deals with socio-economic rights. In this Chapter, the duties and obligations of the Nigerian Government are clearly stated. For instance, Section 14 (1) and (2) of the 1999 Nigerian Constitution (As Amended) state thus:

    “14. The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice.

    It is hereby, accordingly, declared that:

    (a) sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority;

    (b) the security and welfare of the people shall be the primary purpose of government: and

    (c) the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.

    I feel particularly compelled to refer to Section 18 which states thus:

    18. Government shall direct its policy towards ensuring that there are equal and adequate educational  opportunities at all levels.

    Government shall promote science and technology

    Government shall strive to eradicate illiteracy; and to this end Government shall as and when    practicable provide

    (a) free, compulsory and universal primary education;

    (b) free secondary education

    (c) free university education; and

    (d) free adult literacy programme.

    By reason of the non-justiciable nature of these rights, Nigerians have been tacitly deprived of socio-economic rights. If Section 14 states that sovereignty belongs to the people but the same section is declared non-justiciable, should we really begin to wonder why there is socio-economic imbalance in Nigeria? The truth is that the non-justiciability of socio-economic rights absolves the government of its responsibility to the Nigerian populace. These rights are of course guaranteed by democracy but in the absence of an express and effective provision giving life to them, they merely serve aesthetic and cosmetic purposes. In the absence of any concrete provision therefore, illiteracy, poverty, unemployment and other vices continue to reign unchecked because the government cannot be sued either for its part in creating them or for its inability to curb their advent. We must borrow a leaf from either South Africa, India or Pakistan.  In South Africa, socio-economic rights are justiciable while in India and Pakistan the courts have given such provisions very liberal interpretations and they are therefore justiciable.  Civil and political rights cannot be realized in isolation of economic, social and cultural rights. Indeed, these rights form the basis upon which all other rights are predicated. What we need in Nigeria is public interest litigation and the review of the issue of locus standi.  In the case of the first generation of rights (fundamental human rights) the Rules of court have relaxed the requirement of standing.

     

    (d) Corruption:

    Corruption is a common word in the vocabulary of most Nigerian citizens. Almost all levels of Nigerian society have been perverted by corruption. It has been described as being endemic and a sub-culture in Nigeria. Section 98 of the Criminal Code has defined corruption as: “the receiving or offering of some benefits, rewards or inducement to sway or deflect a person employed in the public service from the honest and impartial discharge of his duties”.

    However in real application corruption applies to both public and private sectors.

    In Nigeria, a major cause of corruption is ethnicity otherwise called tribalism in Nigeria. Friends and kinsmen seeking favors from officials may impose difficult strains on the ethical disposition of the official. Many Nigerians having a kinsman as a government official may see such a government official as holding necessary avenues for their personal gain10. Corruption is one of the major causes of socio-economic imbalance as well as the political problems besetting Nigeria. It is a sickness difficult to cure once it infects. It is an evil that spreads terror amongst citizens who are its victims and comforts those who use it as a means to acquire wealth.

    Despite the government’s concerted efforts to combat corruption through the establishment of various anti-corruption agencies e.g Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and other Related Offences Commission (ICPC), this endemic problem still persists. Lack of continuity and change in policy framework, lack of political will, low level of public enlightenment and the politicization of policies are some of the factors why most of the anti-corruption agencies can not completely eradicate or reduce the level of corruption.

    Noteworthy also is the socio-cultural constraint towards the fight against corruption. Some communities traditionally encourage gratification and this affects the members of such communities in discharging their functions in bureaucratic organizations. Without the eradication of corruption, the future is bleak. Any country with a high level of corruption cannot attain socio-economic balance. Though corruption is a universal problem, other countries afflicted by it have been able to attain development because they have adequate punitive structures/measures in place. One proposed solution to this endemic problem is for an overall social re-orientation through public enlightenment programmes and campaigns to build up a national consciousness against corruption in the minds of every Nigerian citizen.

    The Role of Law in the fight against corruption cannot be over-emphasized. The Independence of the Judiciary, Supremacy of judicial pronouncements, equality of citizens before the law and the subjection of all social norms to judicial interpretation will be steps in the right direction. There should be a determined approach towards the elimination of institutional weaknesses that promote corruption in the public sector. Professionalism is an avenue where professional associations can effectively discipline their members by the withdrawal of practising licences. The fear of withdrawal of licences will not allow professionals employed by organizations to engage in corrupt practices.

     

    3.     Socio-economic imbalance in Nigeria; effects.

     

    The current socio-economic problems being experienced in the country could be linked to the long years of military rule, but this is fast becoming a lazy man’s argument. Since the advent of uninterrupted democratic governance in Nigeria in 1999, Nigeria has not fared as well as experts believe it should, economically or socially and this is not entirely the fault of the military; the civilian governments should shoulder their fair share of the blame as well. The effects of socio-economic imbalance are self-evident. They include the following;

     

    (a)  Illiteracy.

     

    The value of education, in any society, cannot be over-emphasized. It is no secret that the countries with the highest number of educated individuals take the lead in every major organization from the European Union to the United Nations Organisation. In Nigeria, education which is an important factor in economic growth and development8 and which was one of the platforms upon which such a promising country was built, has lost its glamour due to inadequate funding, lack of planning, poor management, lack of infrastructure and poor quality of teachers at all levels, among others, thus leading to the creation of a new group of educated illiterates. It does not help that more and more Nigerians seem inclined to taking the short-cut to success, instead of the patient build-up that education demands.

    Formulations and implementation of educational policies in Nigeria Dayo Odukoya, Ph.D Education & Development Consultant ERNWACA, University of Lagos, Nigeria

    This has further worsened the already fragile security situation in the country. Ethnic, economic and religious militia now hold sway in some parts of the country and while we may not have an ‘Arab Spring’ anytime soon, there is certainly a growing discontent, particularly among our misinformed youth, some of whom pay less attention to education these days, but many of whom could not even afford basic education, if they were to pay attention to it. Free public education means that knowledge is widely diffused among the people and would go a long way in clearing the ignorance that today’s youth suffer from. Unfortunately, however the rising cost of education in Nigeria, and the non-availability of free education in most parts of Nigeria have combined to ensure that the astronomical number of uneducated Nigerians will not be significantly reduced anytime soon. The increasing number of uneducated and unemployed Nigerians is alarming and should be a major cause for worry. About 56 million Nigerians are believed to be illiterate9. In the North in particular, the situation is critical and the region lags behind the rest of Nigeria in this regard. What does an uneducated, unemployed person think about? I am afraid we are starting to find out.

     

    (b)  High Rate of Unemployment

     

    It is rather ironic that while Nigeria continues to post impressive financial figures, majority of its citizens live in abject poverty. To cut a long story short, Nigeria has grown richer without making majority of Nigerians any richer. Jobs have suddenly become scarce or totally unavailable. Unemployed people quite naturally flirt with poverty and it does not take too long for a life of crime to beckon. It appears as though the Nigerian population is growing at a rate much faster than the country’s ability to create jobs. When illiteracy and unemployment marry as in the case of husband and wife, the children they gave birth to will certainly include but not limited to poverty, riots, insurgencies and kidnapping.

     

    (c)  Poverty

     

    Poverty is every government’s greatest fear. It is a situation in which an individual lives on less than $1.00 (One dollar) per day. A dollar as we know exchanges for N160.00 (One Hundred and Sixty Naira). The horrors of such a state are best imagined. In Nigeria, about 51.6% of the population live on less than a dollar per day10. This however is the lot of many Nigerians.

    The challenges of mass illiteracy in Nigeria- BEN ADOGA, Nigerian Pilot, Thursday, June 20, 2013

    Press briefing by the statistician-general of the federation/Chief Executive, National Bureau of Statistics, Dr. Yemi Kale held at the conference room, 5th floor, Nbs Headquarters, Central Business District, Abuja on Monday, 13th February, 2012.

    Poverty more than any other factor is the greatest effect of socio-economic imbalance as it breeds angry groups of individuals who are more than ready to do great harm to others.

     

    (d) Insurgency

     

    This is a logical consequence of socio-economic imbalance in any country. The ‘have-nots’ mobilize against the ‘haves’, who are represented by the government and other affluent personalities. Insurgency is said to occur when individuals take up arms against the state. This has occurred in quite a number of countries like Libya and Egypt with tragic consequences. It nearly occurred in England as well but was unsuccessful due to the fact that impoverished individuals constitute the minority. In a country like Nigeria where the “have-nots” far outnumber the “haves”, coordinated insurgencies have proved to be quite damaging. The activities of the Boko Haram sect as well as the Niger-Delta Militants not too long ago have given us a glimpse of what we would experience if all uneducated, unemployed and impoverished Nigerians were to take up arms against the government. Grappling with the sectional insurgents has been tasking enough for the government with lots of collateral damage in-between. This is a major effect of socio-economic imbalance. There was a placard at a riot some years back which read: Very soon the poor shall have nothing to eat except the rich. I hope it never comes to that.

     

    (e)  Criminality

     

    Another inevitable fall-out of socio-economic imbalance is criminality. For individuals who are unemployed, illiterate and poor and who are unwilling to create jobs for themselves, a life of crime offers succour, because an idle mind is the devil’s workshop. It is in this life of crime that they can harass and inflict terror on the affluent minority, while keeping body and soul together. As far back as 2006, our crime rates were shocking with a healthy population in prisons11. The activities of criminals in turn, lead to insecurity12 and commercial stagnation (most business ventures close on time for fear of armed robbers). Criminality is certainly the scariest of the effects of socio-economic imbalance.

     

    (f)   International embarrassment

     

    Countries suffering from socio-economic imbalance are regularly at the fore-front of embarrassing international incidents. This is because of the inadvertent exportation of their socio-economic imbalance to other countries.

    International Centre for Prison Studies – World Prison Brief.

    12 Rising crime wave in Nigeria: US laments poor security response. Vanguard Newspaper March 15, 2013.

     

     

    The socio-economic imbalance is prevalent when a few Nigerians flaunt their wealth recklessly abroad while others struggle to survive (working in bakeries, working as night soil men and joining neighbourhood gangs) just to survive. Recently, two British citizens of Nigerian origin allegedly murdered a British soldier in Woolwich, Southern London. One of them, Michael Adebolajo had been a member of a Somali-dominated gang (Southern London is rumoured to be full of such gangs, their ranks filled with misguided, intoxicated Nigerians). While one may argue that the boys were British citizens, born and bred in Britain, their Nigerian connection cannot be severed. Their parents migrated from Nigeria in the 80s, quite possibly as part of the “brain drain” earlier mentioned. Some years back, a Nigerian was also hanged in Singapore for drug trafficking while Nigerians are deported on a regular basis from Europe and the U.S.A. In international circles, Nigeria regularly makes the news for the wrong reasons. Corruption, fraud “419”, and drug-dealing are fast becoming a Nigerian forte abroad with tighter immigration checks on those with green passports. With the socio-economic imbalance showing no signs of improving, and with Nigerians emigrating on a regular basis, we may have to brace ourselves for such embarrassing occurrences in future.

     

    (g) Weak Democracy

     

    Socio-economic imbalance invariably leads to a weak democracy. The reason for this is not far-fetched. The reason individuals submit to democracy is because they believe their rights will be guaranteed. Democracy is also expected to protect socio-economic rights. When this does not happen, the people lose confidence in the democratic government and may resort to other means to remove that government. This may include violent change of government. It is important to note that socio-economic imbalance is also responsible for the ‘politics of money’ that operates in Nigeria as against ‘politics of issues’.

     

    This is because Politics is the allocation of resources and if a country cannot operate a system that satisfactorily (to the satisfaction of the vast majority) allocates resources without rancour, then the plan is faulty from its substratum. There is a belief by some that the country is unable to organize elections acceptable by everyone as free and fair. Free and fair elections constitute the bedrock of democracy, the accepted form of government in most countries. When the majority of the populace believe that a country’s democracy cannot guarantee their rights, the basis for that democracy can be said to have been destroyed

     

    4.     Attaining Socio-Economic Balance in Nigeria Through Democracy; the Role of Law.

     

    It will be recalled that at the commencement of democratic practice in May 1999, two of the laws that challenged the level of corruption and economic crimes were the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act and the Economic and Financial Crimes Commission (EFCC) Act.  Despite the protests by some states that ‘corruption’ was not in the exclusive legislative list, the provisions in Chapter Two of the Constitution proscribing the abolition of corruption and the powers of the National Assembly to enforce these provisions were the authority for the passage of the ICPC Act. The body that sprang from this Act, the Independent Corrupt Practices Commission (ICPC) has been very active since its establishment.  It is therefore baffling that the government utilizes the provisions of Chapter II of the Constitution only when those provisions suit it. If the said Chapter can serve as the platform for the establishment of the ICPC, then there is no reason that Nigerians cannot benefit from all the provisions under the said chapter.

     

    In Nigeria, several legal instruments and policies have been used to address socio-economic imbalance.  For example, although some people may argue that the Federal Character Commission Act appears unconstitutional as it discriminates, this law has been used to address imbalance at the Federal level in terms of access to opportunities and positions. This is because Nigeria is a multi-cultural country with over 300 ethnic groups and languages. The moment there is socio-economic imbalance in the sense that one or more ethnic groups feel left out or marginalized, the embers of discontent and insurgency are fanned.

     

    The establishment of the Niger Delta Development Commission and the Hydro Power Development Commission in the year 2000 and 2010 respectively through their enabling laws, Niger Delta Development Commission Act13 and the Hydro Power Development Commission Act14  is part of the efforts of government to correct the socio-economic imbalance in Nigeria using the law as a catalyst. Section 1(3) of the NDDC Act 2000 clearly states that the head office of the Niger-Delta Development Commission shall be in Port Harcourt, Rivers State. The provision states thus;

     

    13 2000.

    14 2010.

     

     

    “The Commission shall have its head office in Port Harcourt, Rivers State   and shall establish an office in each member state of the Commission”

     

    Its functions are as contained in section 7 of the Act which states thus:

     

    (1)

    (a)     formulate policies and guidelines for the development of the Niger-Delta, area;

    (b)     conceive, plan and implement, in accordance with the set rules and regulations, projects and programmes for the sustainable development of the Niger-Delta area in the filed of transportation including roads, jetties and waterways, health, education, employment, industrialisation, agriculture and fisheries, housing land urban development, water supply, electricity and telecommunications;

    (c)     cause the Niger-Delta area to be surveyed in order to ascertain measures which are necessary to promote in physical and socio-economic development;

    (d)     prepare master plans and schemes designed to promote the physical development of the Niger-Delta area and the estimates of the costs of implementing such master plans and schemes.

    (e)     implement all the measures approved for the development of the Niger-Delta area by the Federal Government and the member States of the Commission.

    (f)      identify factors inhibiting the development of the Niger-Delta area and assist the member States in the formulation and implementation of pollicies to ensure sound and efficient management of the resources of the Niger-Delta area;

    (g)     assess and report on any project being funded or carried out in the Niger-Delta area by oil and gas producing companies and any other company including non-governmental organisations land ensure that funds released for such projects are properly utilised;

    (h)     tackle ecological and environmental problems that arise from the exploration of oil mineral in the Niger-Delta area and advise the Federal Government and the member States on the prevention and control of oil spillages, gas flaring and environmental pollution;

    (i)      liaise with the various oil mineral and gas prospecting and producing companies on all matters of pollution prevention and control;

    (j)      executive such other works and perform such other functions which, in the opinion of the Commission, are required for the sustainable development of the Niger-Delta area and its peoples; and…….

     

    (2)      In exercising its functions and powers under this section, the Commission shall have regard to the varied and specific contributions of each Member State of the Commission to the total national production of oil and gas.

     

    (3)     The Commission shall be subject to the direction, control or supervision in the performance of its functions under this Act by the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.

     

    The location of the Commission in an oil producing state from the South-south region was ostensibly in recognition of the region’s production of the oil relied upon by all Nigerians. Due to the oil exploration and mining that goes on in the oil producing states of Nigeria, a lot of environmental degradation, at the hands of explorers and miners has occurred on their lands although they receive a percentage of the proceeds of crude oil sales. Their natural resources have been hard hit as their lands, natural source of water and wildlife have been steadily destroyed while the other regions benefit from the proceeds of crude oil sales without having to contend with the environmental degradation suffered by the oil producing states. The law of balance therefore necessitated that the region be adequately compensated in that regard.

     

    Like the NDDC Act, the HYYPADEC ACT seeks to achieve some semblance of socio-economic balance by situating the head office of the Commission in one of the Hydro- power producing states of the Federation (in the Northern part of Nigeria). Its membership comprises hydro-power producing states just like the Niger Delta Development Commission comprises oil producing states of the Federation. The Bill was sponsored to address the following issues raised by the communities in the hydro-power producing states;

     

    ·        Access to electricity for the communities;

    ·        Environmental degradation – loss of biodiversity etc.;

    ·        Flooding of the communities;

    ·        Poverty due to loss of livelihoods by the communities

    ·        Resettlement of communities

    ·        Provision of access to strategic commercial centres in order to revive the economy of these communities.

     

    Both Commissions seek to achieve socio-economic balance by ensuring that a larger part of the revenue derived from resources they produce for the country, is given back to them. One has its head office in the South, the other in the North. While this may further glorify the much maligned quota system, it is necessary if socio-economic balance is to be achieved. This is one of the ways through which the concept of law can aid in a country’s socio-economic balance.

    The role of law in attaining socio-economic balance in Nigeria therefore, cannot be overemphasized. As earlier stated, it is law that legitimizes a government. Law protects democracy. It is the presence of, and respect for law that preserves a country’s democracy. Similarly, it is only through the social engineering provided by Law that the socio-economic imbalance in the country can be addressed and corrected. It is Law that states how the state is to be governed and it is in this light that we seek to examine the role of law in respect of Nigeria’s nascent democracy, vis-à-vis the socio-economic imbalance experienced in the country.

     

    In discussing the role of law, I must refer again to the non-justiciability of Chapter II of the 1999 Constitution of Nigeria (As Amended) where most of the socio-economic rights are found. It goes without saying that most of the socio-economic rights enjoyed by Nigerians are “hand-outs” by the government and not what we would term “entitlements” legally speaking. The National Assembly might want to take another look at that particular conundrum. Nigerians would do wonders if they were afforded free water, free education etc, and the country would attain the levels of the likes of America where although education is not free, there is a high level of literacy and citizens are entitled to social security if they have no means of livelihood. If America is too far gone, then we might want to pattern our social-security program after Ghana or South-Africa (Nigerians have emigrated to these countries so they must be doing something right).There is the need for Nigeria’s legal system to pick up the gauntlet and address the country’s socio-economic problems. Law would play several roles in this instance and ensure the following:

     

     

    ·        The Rule of Law. This is self-explanatory. The Law reigns supreme.

     

    ·        Periodic Popular Elections. Elections are held as at when due.

     

     

    ·        A Legal Framework for the attainment of Socio-Economic Balance. This could also include some form of social security. We could take a look at the American Social Security system for guidance. In America, social security compasses several social welfare and social insurance programs15.

     

    ·        Tougher immigration laws. While this may present a bit of a problem due to our ECOWAS commitments which render it unnecessary for citizens of ECOWAS member states to obtain visas before visiting other member states, certain checks can still be made at the point of entry to ensure that aspiring visitors do not intend to rely on public funds. This ensures that the security system benefits Nigerians only and not Chadians and Nigeriens.

     

    ·        Constitutionalism. This simply connotes that the Constitution is followed to the last letter.

     

    ·        Separation of Powers16. There must be explicit constitutional limits, or checks, on concentrated power and those checks will only remain effective where there is some countervailing power to enforce them. Thus every concentrated power should be balanced by some other concentrated power in order to prevent any particular part of the government system from grasping excessive power and nullifying the constitutional checks.

     

    ·        The amendment of section 6 (6) (c) of the 1999 Constitution (As amended) to ensure that matters under Chapter II of the Constitution are made justiciable.

     

     

     

     

    15 ^ [42 USC 7] “US Code—Title 42—The Public Health and Welfare”. Archived from the original on October 12, 2006. Retrieved November 8, 2006

     

     

    16 Democracy: A Social Power Analysis By Dr. John S. Atlee, with Tom Atlee

     

    Law has been described as a means of social engineering by Dean Roscoe Pound and in no other instance is this definition more apt. By preparing a legal framework for the attainment of socio-economic balance, the Government would have nipped the growing insecurity in the country in the bud. Socio-economic rights would become justiciable and the government would feel obligated to address issues like poverty, unemployment and illiteracy as it could be sued for its part in creating them. Issues like resource control would be better addressed and no individual or group of individuals would feel deprived. No expenses should be spared here. A poor country may not be able to afford a good legal system, but without a good legal system, it may never become rich enough to afford such a system. Law is the glue that holds society together and the responsibility therefore falls on this much vaunted concept to somehow restore some balance to the Nigerian Socio-economic landscape.

     

    5.     Conclusion

     

    Domestic challenges, continue to undermine Nigeria’s constitutional democracy and its potential as a major economic and diplomatic power. Such challenges—insecurity, poverty, unemployment and low quality education —must be addressed if Nigeria’s democracy is to survive the test of time. In the meantime, Nigeria trudges along, socio-economically, like a drunken giant on the legs of a mosquito and is in need of a massive re-engineering.

     

    I have no doubt that our country is destined for great things as long as there is strict adherence to the rule of law and contradictory provisions in our laws are amended so as to eradicate illiteracy, poverty and criminality. The eradication of illiteracy, discrimination, poverty and criminality is what determines if a country is socio-economically balanced but this does not imply that these vices are totally absent in a fully developed society (after all, some misguided individuals in Woolwich, London, recently killed a serving soldier despite the existence of some semblance of socio-economic balance in the United Kingdom and there have been recent riots in Sweden and Turkey), it simply means they have been substantially curtailed. That way, insurgency, which is a consequence of socio-economic imbalance becomes a rare exception and not the norm. This is the aim of the law; to act as a catalyst for socio-economic balance.  It is hoped that when all is said and done, we would be able to say that we have attained socio-economic balance in Nigeria using the Constitution and legal instruments as catalysts.

     

    Thank you and God bless.

     

    Chief Joe-Kyari Gadzama, MFR, SAN, FCIArb. (UK).

    Honorary Bencher/Barrister at Lincoln’s Inn.

     

     

     

     

     

     

     

     

    NBA did not call for dissolution of Governors’ Forum.

    By Emeka Obegolu

     

    Following the critique and misrepresentations that trailed the  by  the NBA president, Okey Wali (SAN) for the Nigerian Governors Forun (NGF) to dissolve itself if it cannot resolve its crises and face the challenges of governance, the General Secretary of the Nigerian Bar Associatrion (NBA) Emeka J’ P. Obegolu in this piece, examines the circumstances and true import of the NBA Presidents speech.

     

    Recently, Nigerian Newspapers, online publications and faceless bulk text messages have been awash with grave misrepresentation of the position of the  National Executive Committee (NEC) of the Nigerian Bar Association (NBA) on the crises rocking the Nigerian Governors’ Forum (NGF). The reading public have been “informed” that the NBA President, Okey Wali, SAN called for the proscription/banning/de-registration  or the scrapping of the Nigerian Governors’ Forum if they could not put their house in order. Nothing can be farther from the truth.

     

    Perhaps a brief narrative of the background of the proceedings at the NBA NEC Meeting held in Yenagoa, Bayelsa State will suffice to throw more light and enlighten readers on the factual basis for the position that will be adopted by this writer. Let me also state that as the General Secretary of the NBA with the duty to record and keep records of the proceedings of NEC, I feel a sense of responsibility to set the records straight and afford our members, and indeed Nigerians the factual records for all of us to make our deductions there from.

     

    The NBA President, Okey Wali SAN, whilst making the traditional President’s speech to the NBA NEC traced the history of the Governors’ Forum to the United States of America (USA), where he identified the vision of the National Governors’ Association of the USA as a body formed to identify priority issues and deal with matters of Public Policy and Governance at both National and State levels. He listed the NGA’s interventionist schemes through working committees and special committees, all designed to raise the bar of good governance  for  the benefit of Americans.

     

    Coming home, the NBA President noted that the Nigerian Governors Forum has failed to model itself after the NGA where the whole idea derives from. He opined that the existence of such a body should be for altruistic reasons and as such in the best interest of the nation, Nigeria.

     

    Okey Wali, SAN concluded thus “The NBA calls on our Governors to quickly resolve their crisis and get on with the business of governance which was why they have been elected Governors. If they cannot resolve their crisis very quickly, and face delivery of democracy dividends to their electorates, they must dissolve the body and stop this distraction as sooner than later, Nigerians will call on them, in or out of Government to give account of their stewardship.”

    Page 7, of the Presidential address.

     

    The NBA NEC thereafter adopted this presidential speech as a NEC resolution. By the adoption, the call became the NBA’s call to the NGF and no longer Okey Wali SAN’s call.

     

    Now, the underlined portion of the statement is instructive for the purpose of the argument – “Whether Okey Wali/NBA has become undemocratic, unlawful, anti-constitution or anti-masses” The allegations differ depending on the person making the allegation and the interest he or she wishes to serve.

     

    The call by the NBA is for the NGF to self-dissolve where the forum finds it difficult to live up to its own expectations and objectives. Self-dissolution of Associations registered by Trustee is provided under the Companies and Allied Matters Act, specifically, Section 608.

     

    The NBA President also mentioned his inability to comment on the NGF Electoral dispute due to the pendency of a suit before a court of competent jurisdiction where the election is a subject matter, thereby reiterating the time honoured doctrine of ‘lis pendis’ that protects the sanity of courts and its processes.

     

    NBA acknowledges the freedom of association as enshrined in our constitution and cannot call on an external body to dissolve the NGF, as that would be unconstitutional.

     

    We therefore urge very senior lawyers and commentators to always read speeches of NBA president as the chief spokesperson of the NBA before attempting to critique it and even then appropriate channels of critique and/or dissent should be followed to avoid dragging our profession into the political arena and inviting opprobrium to our Association.

     

     

     

     

     

    Part of cover

    Judicial corruption is  a cancer that every society must strive to eliminate.

     

    Mr. Desmond U. M. Yamah is the chairman of the Abuja branch of the Nigerian Bar Association (NBA). In this interview, he bares his mind on the challenges of Bar leadership, welfare of lawyers, fighting corruption in the Judiciary and sundry national issues. Legal Editor, JOHN AUSTIN UNACHUKWU, met him. Excerpts:

    You have been the chairman of the NBA Abuja branch for six months now, what has  been the challenges of this office?

    The office of the chairman of NBA Abuja branch is tasking and quite challenging. This is a branch that has about 10,000 members and with that kind of number, we are trying to reach out to make every member feel the impact and importance of the NBA in the personal lives and professional lives also.

    How are you going about this?

    We have embarked on a series of trainings for the branch in order to build the capacity of members in various fields  of law practice, for instance legislative advocacy. We are trying to acquire  basic knowledge in the art of drafting ,the idea of this is to ensure that  many of our members to take advantage of the knowledge and skills to do work for members of the National Assembly in terms of initiating  and proposing bills for members and even private member bills. We are also working on the areas of human rights because human rights violations are quite rampant in Abuja. A lot of the rights of the people are being violated, especially by the security agencies and some other organisations. We are trying to streghten the capacity of our human rights committee to be able to deal with these challenges. W e are also looking at the area of improving the judiciary and also trying very hard to acquire  a Bar Centre  for the branch. These are some of the key priority areas that we are looking at and in some of these  areas, the structures have been put in place, we are looking at the next six months to be able to have tangible achievements from the administration.

    The Chief Justice of Nigeria,  Justice Aloma Miriam  Mukhtar  has taken some bold steps to rid the judiciary of corruption, what is your reaction to this?

    The fight against corruption in the judiciary by the CJN is a welcome development. Every lawyer, every sane human being knows that any jurisdiction where the judiciary is corrupt, it is as dangerous as having a mad man with a loaded AK 47 loose on the streets. Judicial corruption is such a cancer that every society must strive to eliminate.  We support the fight against corruption by the CJN and if you look at events of the recent past, some people may seem to misunderstand our position.

    What has been your position?

    Our position has been  that where there have been established cases of judicial corruption,  such judicial officers must be  brought to justice because they destroy the lives of people, the destroy the rights of people, they destroy the interest of [people, they destroy the wealth of people  by making pronouncement  that are not in accord with the sense of justice. In as much as we support the fight against corruption, our position has always been that, the fight should be done in such a way as not to destroy the institution. Judicial corruption is like eroding  public confidence in the judicial system.

     

    How do we go about this?

    For instance today, many lawyers and their clients, litigants prefer to explore option of petition as against  appeal when they loose  cases.  No matter how clever a judge wants to be, when giving judgements for which he has been compromised, every average lawyer will know that the judgement is not in accord with established precedents. The law requires that a judge does not give judgement at his whims and caprices, not the way he feels or desires, no.  A judge gives judgement   based on established precedents and rule of law and every decisions reached by a judge, he must give reasons as to why he reached that decisions or conclusions. And when these reasons are weighed against the facts of the case, it is always very easy to know whether a judge has perverted judgement or not.  Now, a situation where people decide to write frivolous petitions against judges is unfair because it distracts judges from doing their jobs. This is not acceptable in a civilised judicial system. A situation where judges are intimidated, when they give judgements in line with what they think the people will say as against what they believe is the justice of the case, is not also acceptable.

     

    What is your suggestion about this?

    A judge must be courageous, this  is one of the major attributes of a good judge.  Judge must be fair, the judge must be principled,  he must be fearless in applying the law  and in reaching the decisions that he makes. But today, the judiciary is highly intimidated, we now have an instance where a judge of the Federal High Court, openly said in the open court, I do not know the ruling that I should give now, whichever ruling I give now, I am likely to be taken to the National Judicial Council (NJC). When we have a scenario like this, then the institution is seriously threatened and we cannot destroy the institution we seek to protect eliminating corrupt judges. So, there must be established guidelines, the must be established principles of bringing to justice judges that are corrupt. The trend now is that when lawyers loose a case, instead of going  on appeal, they write an appeal against a judge, for giving judgement against me, I will destroy him. We now have a situation where litigants openly threaten judges, most people make frivolous allegations against judges even there in the court.

    How do we resolve this?

    My advice on this is, let fight this cause in such a  way that corrupt judges are eliminated from the system and judges who are not corrupt, are also protected  against destructive allegations that threaten his career.

    It is widely believed that the standard of legal education in the country has fallen abysmally, consequently, people have called for law to be made a second degree programme, what is your reaction to this?

    Well, it depends on how you look at it. Law is a profession  like  wine that  gets better  with age. Now, looking at law, looking at the standard of education generally in the country, and looking at what you presume to be falling standards, a lot of factors are responsible for this. What are the conditions of our universities today, what are the conditions of the faculties of law in the universities, what are the qualifications of the lecturers that you have in these  faculties. Now, in arriving at that conclusion that the standard of  legal education is falling, you take a number of these factors into consideration, the educational sector has been thoroughly neglected by the government. Recently, I had a cause to visit the secondary school which I left in 1990, when I got there, the science laboratory which we used there then is no longer in existence, the school library is no longer in existence,  this is a Federal Government College, then how do you expect the pupils to read and become great scholars. Consequently, if you go to some law faculties today, you cannot find ordinary internet facilities.  Online research facilities are not there, the average lawyer cannot do research on the internet, how do expect rising standards of legal education in this circumstance?

    What is your advice in this circumstance?

    My thinking is that it is not making it a second or third degree programme that will improve the standard, you can have a first degree in a university that is not  properly equipped  and you come out worse than somebody the graduated from a well equipped secondary school. Consequently, you can take law as a first degree course in an academic environment that is properly equipped and you come out better than somebody who has practised law for more than 10 years. What we need to address, is the state of infrastructures in our universities and in our Law School. We need to look at the quality of lecturers that we have in those institutions, this underscores the need for us to have Law Faculties that are properly equipped with state of the art facilities where you have  regular supplies  of current editions of Law Reports, legal textbooks and high quality teachers as lecturers, who are properly and well remunerated, teachers who are encouraged and who are committed to the course of legal education. Where  teachers are not well paid, where adequate facilities are not provided for them to teach, where students do not have access to quality legal materials to enhance their study, we will continue to have these  challenges even  if  you make law a third degree  programme.  So, it is not making law a second degree course that will improve the standards of legal education,  but the quality of our tertiary  institutions and the preparedness of the institutions in turning out good students.

    Alternative Disputes Resolution Mechanisms (ADR) has been described as a faster mode of resolving commercial disputes, how come that we still have a lot of commercial disputes in our courts in spite  of the high level  of ADR practice in the country?

    Well, ADR is a very important component  of the judicial process in commercial  disputes resolution, because it helps the parties to reconcile and erode all forms of bitterness. It helps to reduce the workloads  in the court system, Many people will say that it is fast, many people will also say that it has a lot of advantages, but for any society to enjoy the advantages of ADR, the practitioners of ADR need to have quality education in the fields of ADR, I have seen so many situations where people  who have gone for ADR with the intention of speedy resolution of their disputes regretted ever going there because the panel members  failed or deliberately refused to write and deliver their awards after sitting and sometimes you find out that because  they  are not directly liable  to anybody,  they hand out awards that are perverse. I have seen a situation where an award that was given by an ADR panel was a big disappointment. Now, the challenge or disadvantage here is that you have to back to the court system again to seek to set aside the award, this is like going back to the drawing board.

    How do we resolve this?

    I want to appeal to the Institutes to exercise major control over their members, some of them are not giving the Institutes very good names. The concept is a good one, the advantages are numerous but the practice in Nigeria today is undergoing a lot of challenges. I always believe that there is always room for improvements, once we have credible members of the institutes who deliver credible awards in line with the provisions of the law and their conscience,  I think ADR is a wonderful alternative.

     

     

     

  • ‘Rivers crisis is a threat to democracy’

    ‘Rivers crisis is a threat to democracy’

    The Speaker of Gombe State House of Assembly and Chairman of the Conference of Speakers, Hon. Inuwa Garba, spoke with Vincent Ohonbamu on the position of the group on the crisis in the Rivers State House of Assembly.

     

     

    WHAT is your reaction to the Rivers State crisis?

    The Conference of Speakers is condemning the action of the five members of Rivers Houses of Assembly because we are men of integrity and we are representatives of the people of Nigeria. This kind of ugly action is not acceptable to the entire member of the Conference and it is very, very unfortunate that they are members of the Conference. But we don’t support that kind of injustice and we do not support disrespect to the Constitution of the Federal Republic of Nigeria and the integrity of the legislators in the state. We cannot allow this kind of disrespect to the constitution to continue. We are surely going to take appropriate action on that. Right now we are planning to convey an emergency meeting so that we can move on with the appropriate action we want to take on the matter.

    Why has the conference not spoken before now?

    First of all, the action of the Conference is not late because the Conference of Speakers of State Legislature must have to first make our findings before taking any action as regards to what happens in any State House of Assembly. So, we went to get information and collate the information and before we began action. This is because we do not want a situation where two wrongs could happen at the same time; and of course you know two wrongs can never make a right. That is why we had to wait to see what actually happened, hear how it happened, and make some internal investigation on what transpired.

    The Mace as a symbol of authority in the House of Assembly seems to have lost its respect among the members. What is the Conference doing to restore the dignity of the Mace?

    About the dignity of the Mace, it is not the individuals or the various Houses that gave the Mace its dignity; it is the constitution. The only thing you would say is that we are not taking enough measures to see how we can protect the dignity and integrity of that symbol of authority, which is the Mace in the Houses of Assembly. As I earlier said, we are planning to take an action, which will serve as a measure to protect the integrity of the legislature and the Mace itself will not be an exception; we will include all other areas to see how possible we concretise the activities of the state legislators in Nigeria.

    If the House enjoys autonomy, will it prevent crisis?

    The issue of the autonomy of the state legislators has definitely contributed negatively to the activities of state legislators in Nigeria and it has reduced the impact of that institution in the democratic setting. But I am assuring you that we are going to partner with all and sundry to see that this time around, we are able to achieve the noble objective; not just for our Houses of Assembly, but for Nigerians. The National Assembly has collated the views of Nigerians on what and what people wish to be part of the amendment and the issue of autonomy of state legislature overwhelmingly enjoyed a lot of support by Nigerians. And in seeking our autonomy, we are doing it to have better state legislature for the sake of Nigerians. So, we are going to partner with all the stakeholders in the amendment process to see that we achieve that goal of autonomous state assembly in this coming proposed constitutional amendment.

  • Malian election, a boost for democracy, says Ekweremadu

    Malian election, a boost for democracy, says Ekweremadu

    The Speaker of the Parliament of the Economic Community of West African States, (ECOWAS), Senator Ike Ekweremadu, yesterday commended ECOWAS and the people of Mali for the success recorded so far in the Malian presidential election.

    Ekweremadu described the election as “free, fair, and credible.”

    He noted that the peaceful conduct of the poll was a boost for democracy and peace in Mali and the entire West Africa.

    The Speaker said: “The peaceful election in Mali justifies the huge human and material sacrifices made by ECOWAS and friends of the sub-region to ensure that peace and democracy are secured in the country.

    “It is a clear testimony to the capacity of ECOWAS to resolve internal crises, defend and consolidate democracy in West Africa.

    “ECOWAS Parliament is particularly proud of the government and people of Mali for the record turnout of voters and their peaceful and orderly conduct during the poll.”

    He however warned against complacency as Mali prepares for the August 11 run-off between the two leading candidates, Ibrahim Boubacar Keita and SoumailaCisse.

    “Though the job is already half done, it is not over yet as all stakeholders must work together relentlessly to ensure a peaceful, free, fair, and credible conclusion of the presidential election,” he stressed.

    It could be recalled that a clear winner could not emerge in the July 28 presidential election, the first since the 2012 military coup.

    Keita, a former Prime Minister and Speaker of the West African nation, garnered about 39.2 per cent of the 3.1 million votes to lead the other 27 candidates but fell short of the majority vote required to emerge as President.

    He faces former Finance Minister, Cisse, who polled 19.4 of the votes, in a run-off.

  • ‘APC registration, victory for democracy’

    A political pressure group, Bola Ilori Solidarity Forum (BISF), has described the registration of the All Progressives Congress (APC) as historic.

    In a statement issued by the group and signed by its Coordinator, Akinrolabu Raphael; Secretary General, Oladipo Bamidele and Public Relations Officer (PRO), the group noted that the birth of the mega party would give the people of Ondo State the chance to feel the impact of good governance.

    The Forum added that the new party would be a virile platform to rescue the nation from its present political doldrums.

    Also, the lawmaker representing Akure North/South in the House of Representatives, Hon. Ifedayo Abegunde, an Akure-based activist, Charles Titiloye and an ACN youth leader, Adegboyega Adefarati, have lauded the registration of APC.

    Abegunde described the development as a victory for democracy, stressing that the development was the birth of a new dawn in thenation’s polity.

    Meanwhile, a chieftain of the defunct Action Congress of Nigeria (ACN) in Ondo State, Prince Femi Adekanmbi, has expressed concern over the possibility of the Independent National Electoral Commission (INEC) conducting a free and fair election in 2015.

    Adekanmbi urged Nigerians to see the newly-registered All Progressives Congress (APC) as the only option to save the nation’s democracy from what he called “the sinking ship” of the Peoples Democratic Party-(PDP) led government.

    Also, Dr. Ayo Lam Adesina, son of the former governor of Oyo State, late Alhaji Lamidi Adesina and a chieftain of the defunct Action Congress of Nigeria (ACN) in the state, Mr. Niyi Adeagbo, have lauded the leaders of the All Progressives Congress (APC) for their perseverance and doggedness in achieving the registration of the party.

    Adesina also praised the INEC under the leadership of Professor Attahiru Jega for following strictly the provision of the law while considering the application of the party for registration, urging the commission to continue along the same line in conducting future elections.

    In his statement, Adegbo noted that the change Nigerians are yearning for is finally here, adding, “The birth of APC has finally given us the hope and dreams of a great Nigeria that we have all been yearning for.”

     

  • ‘It’s a slap to democracy’

    A group, Asiwaju Total Loyalty, has described the crisis in Rivers State as a slap to democracy. It accused the Peoples Democratic Party (PDP) of giving prominence to democratic rascality.

    Its president, Oluwatoyin Balogun, accused President Goodluck Jonathan of acting out a political script. He decried the hatred and bitterness Governor Rotimi Amaechi has been subjected to.

    He said: “That the ruling party could be so cruel and mean to one of its own is enough to be worried about. Only God knows what could have happened if Amaechi was to be from another party.

    “What was Amaechi’s undoing remains a question. Refusing to conform to the powers that be? Trying to protect the interest of his people in the land tussle with Bayelsa State?

    “We believe that Mr. President is acting out a political script. We are living witnesses to what happened in Oyo, Plateau and Bayelsa states. We can no longer condone the political bitterness and hatred.”

     

  • Na’Abba blames parties for lack of internal democracy

    Former House of Representatives Speaker Ghali Umar Na’Abba has blamed political parties for the lack of internal democracy.

    He said the arrangement has also denied the youths the rights to participate in politics.

    Na’Abba spoke at a seminar, with the theme: Democracy and the Public Service in Nigeria – a Case for Organisational Culture, organised by Northern Youths Assembly (NYA) at the Aminu Kano Centre for Democratic Research and Training, Mumbayya House, Kano.

    Na’Abba said the most annoying aspect of the arrangement was the replacement of political structure with appointed personnel.

    He said this makes it impossible for all candidates to have a level-playing ground to test their popularity.

    He said: “Today in Nigeria, what this has done is to kill the future of youths, particularly governors who have sealed the future of the youths, as they cannot make any progress through their God-given endowment, as they have been suppressed in PDP and other political parties because they cannot use their endowment by allowing them to be elected in any free and fair election by political parties.

    “This is most unfortunate and this has a huge implication on the acts of governance and that is why it is declining.”