The Nation Newspaper

Tag: Federal government

  • Jonathan’s wife loses another N2.4bn to FG

    Exactly eight days after the Supreme Court upheld Federal Government’s interim seizure of the $8.4 million believed to be owned by ex-First Lady, Mrs. Patience Jonathan, the apex court has again agreed to a similar forfeiture of another N2.4bn linked with Mrs. Jonathan.

    While men of the Economic and Financial Crimes Commission (EFCC) said the $8.4 million were discovered in some accounts linked to the ex-First Lady, the N2,421,953,522.00 was said to be held in bank accounts owned by Lawari Furniture and Bath Limited, an entity in which Mrs. Jonathan allegedly has interest.

    In a judgment yesterday, a five-man panel of the Supreme Court rejected the appeal by Lawari Furniture on the grounds that it was without merit. The appeal was filed and argued for the appellant by Mike Ozekhome (SAN).

    In the lead judgment written by Justice Amiru Sanusi but read by Justice Sidi Bage, the court upheld the order of interim forfeiture made by a High Court in Lagos on April 26, 2017, which was affirmed by the Court of Appeal, Lagos in a judgment given on January 12, 2018.

    The court rejected the argument by the appellant who faulted the interim order of forfeiture obtained by the EFCC via an ex-parte motion, and prayed that it be set  aside.

    It also rejected the appellant’s prayer to void Section 17 of the Advanced Fee Fraud Act and other Fraud related offences Act, on which the High Court relied in issuing the order of interim forfeiture.

    The court, in the lead judgment, noted that it rarely interferes in the concurrent findings of the two lower courts, except where there are exceptional circumstances and the findings perverse.

    It noted that, in the instant case, no such exceptional circumstances existed.

    In his supporting judgment, a member of the panel, Justice Ejembi Eko, observed that the substance of this appeal was similar to the one decided by the court on March 8 this year (relating to the interim forfeiture of $8.4m).

    Justice Eko said both appeals ought not to be split and assigned to different panels to avoid the risk of issuing conflicting judgments.

    He found nothing wrong with the provision of Section 17 of the Money Laundering Act, which he noted was the same as the provision in Section 29 of EFCC Act.

    Other members of the panel, Justices Ibrahim Tanko Muhammad, Mary Peter Odili and Kudirat Kekere-Ekun, agreed with the lead judgment.

  • Fed Govt bans operations of Boeing 737 Max-8 aircraft

    THE Federal Government has joined the global coalition banning the use of Boeing 737 Max-8 by any operator in Nigeria.

    It announced the ban through Minister of State, Aviation, Hadi Sirika, following global outrage that trailed the crash of a Boeing 737 Max-8 plane belonging to Ethiopian Airlines, few minutes after taking off in Addis Ababa in Ethiopia on a flight to Nairobi, in Kenya.

    Over 338 lives were lost in the two crashed in similar circumstances, fueling doubts over the safety record of the aircraft type.

    The Boeing 737 MAX- 8 flight plunged into a field on Sunday, killing all 157 passengers on board. The victims included Ambassador Abiodun Bashiru and Prof Pius Adesanmi.

    On October 29, 2018, Lion Air flight 610 crashed into the Java Sea, off the coast of Indonesia, killing all 189 on board.

    Briefing State House correspondents after yesterday’s Federal Executive Council (FEC) meeting in Abuja, Sirika said that such plane would not be allowed into Nigeria until the determination of the cause.

    The latest crash of the Boeing 737 Max-8 aircraft model triggered anxiety among Nigerian passengers following reports that three indigenous carriers – Arik Air, Air Peace and Green Africa Airways – have placed orders for over 118 Boeing 737 Max-8 planes.

    Though the carriers placed individual orders, none is yet to take delivery of the aircraft type.

    On September 18, 2018, Air Peace placed order for ten Boeing 737 Max 8 aircraft.

    The deal was valued at $1.17 billion. The carrier said it was monitoring ongoing investigations over the aircraft type, promising to take a final position soon.

    The airline’s reaction, its official said, was propelled by calls from passengers and stakeholders who sought clarification on its stand concerning the crash of the aircraft type.

    Its Corporate Communications Manager, Chris Iwarah, said: “The management of Air Peace Airline has thought it imperative to clarify that Air Peace recently placed a firm order for 10 brand new Boeing 737 MAX-8 aircraft.

    “We are, however, yet to take delivery of the aircraft as we are still at the design and configuration stage of the order. This clarification has become necessary in view of numerous calls and enquiries on our response to the incidents involving the B737 Max-8 aircraft.

    “Although, it is premature to comment on the incidents, we wish to assure members of the flying public that we are closely following and monitoring developments on the issue as an airline that prioritises the safety and well-being of our customers.

    “While we keep engaging with our partners in this regard, we repose implicit confidence in Boeing and aviation authorities to capably and satisfactorily address all the issues if at the conclusion of ongoing investigations it is discovered that the challenge is with the B737 Max-8.

    “We urge members of the flying public to continue to choose Air Peace as their preferred airline and trust us to always act in their best interest.”

    Besides Air Peace, another operator, Arik Air, had on May 9, 2016, ordered for eight Boeing 737 Max-8 aircraft. The date for the delivery of the aircraft has not been fixed.

    On December 21, 2018, a new entrant in the sector – Green Africa Airways, placed order for 100 Boeing 737 Max-8 planes.

    The 100 aircraft by Green Africa Airways was split into 50 firm orders and 50 options.

    The deal was estimated at $11.7 billion at the current price tag, making it the largest Boeing aircraft ordered by an African carrier.

  • Buhari: our best’ll be good enough for Nigeria

    President Muhammadu Buhari yesterday said that the Federal Government was doing its best to correct and reverse past mismanagement of the country.

    “With some luck, our best will be good enough,” the President told a delegation of non-career ambassadors, who were at State House, Abuja, to congratulate him.

    In a statement by the Special Adviser on Media and Publicity, Femi Adesina, the President said that, under his watch, “Nigeria is trying to live within her means.  So, we can improve our lot.”

    According to him, the government was determined to shore up the country’s profile, both locally and internationally. President Buhari said it would be inexcusable for government not to take care of its Ambassadors in their various stations, hence the special attention being paid to the country’s foreign missions.

    Speaking on behalf of the delegation, Ambassador Ashimiyu Olaniyi, said President Buhari’s election in 2015, and his recent re-election, are divine interventions in the affairs of the country.

    “You are God-sent. You have always come on stage at the critical moments of our national history to right the wrongs of the past,” the envoy said.

    He added that the President would be remembered “as an astute political leader who does not interfere in the political affairs of states, “noting that the singular quality has given credibility to all elections conducted since 2015.”

    The delegation submitted that apart from records of achievements in the three focal areas of securing the country, reviving the economy and fighting corruption, “your integrity is responsible for your victory, which we are privileged to celebrate with you today.”

    The ambassadors appreciated the intervention funds that were released to various missions abroad, and pledged continued loyalty and support to the Buhari administration.

  • Declare results, Rivers monarchs urge INEC

    The Rivers State Council of Traditional Rulers has urged the Independent National Electoral Commission (INEC) to declare all verifiable results of Saturday’s election based on units and ward.

    They said only compromised results should be discountenanced.

    The monarchs, at a news conference addressed by their chairman, the Amayanabo of Opobo, King Douglas Dandeson Jaja, said: “We urge INEC to declare all verifiable results and look into compromised results on units and wards basis, where boxes were snatched by thugs or military personnel.

    “We cannot go through another round of elections at a later date. INEC must ensure that collated results are declared and not tampered with by third parties.

    Read also: Ihedioha declared Imo governor-elect

    “What we have today is a few government appointees using Federal apparatus, including men in uniform, to cause chaos and breakdown of law and order. Our people who have attempted to resist such illegality have either been arrested or dealt with extrajudicially.

    “We need peace in Rivers State. The people’s will must prevail. The military must remove itself from directly participating in our elections…”

    They called on the Federal Government and the International Community to come to the aid of Rivers people.

     

  • Succour for Katsina rural communities

    Working in concert with the Federal Government, two international agencies, International Fund for Agricultural Development (IFAD), and Climate Change Adaptation and Agribusiness Support Programme (CASP) have opened up rural communities in Katsina State through road rehabilitation, reports AUGUSTINE OKEZIE

    Abdullahi Surajo, the Public Relations Officer of the Katsina State office of International Fund for Agricultural Development, IFAD and Climate Change Adaptation and Agribusiness Support Programme (CASP), described the activities of the two international agencies in the state as massive and people-oriented.

    He further disclosed that under the CASP programme, a total of additional 375km earthen roads would be rehabilitated while 243kms of new rural roads would be constructed, a project expected to benefit several people in the state.

    The feeder roads and other rural development projects involved the rehabilitation of 22 rural roads with support structures such as drainages, culverts, rails and drifts covering a distance of 59.09km across the participating states in the Northwest

    According to the PRO, the rural development intervention involves the opening up of access roads in rural communities to evacuate farm products from the rural areas to the urban centres as well as the construction of embankment of water prone areas to make them passable.

    He listed the rural feeder roads undertaken by the two agencies in the state to include: The 25kmMakasaro/Tambu Village Road, the 4.5km Kurunkus/Yangora Road in Bindawa Local Government Area, the 21km Maraban Kanya access road in Kafur Local Government Area, and the 2.5km wagini- Kasai Road in Batsari Local Government Area

    Also, while flagging off the construction of the feeder roads in Makasauro village in Katsina State late last year, the Minister of Agriculture and Rural Development, Chief Audu Ogbeh said the project will cover the erosion prone, farm connected market roads and rehabilitation of degraded rangeland, cutting across states in the Savannah Belt .

    He said, ”The benefiting communities of the project being implemented under the IFAD-CASP) are spread across the 7 States of the country namely: Borno, Jigawa, Katsina, Kebbi, Sokoto, Yobe and Zamfara states’’.

    An elated Chief Ogbeh further declared that the Federal Government is deliberately giving impetus to rural development because of the critical role that rural infrastructures play in unlocking of the vast and enormous potentials of the rural areas.

    He said, “What we are witnessing is part of a series of rural infrastructure build-up across the country under the present administration. Rural development such as this one is critical to the productivity of the rural people.”

    The feeder road projects also involved the maintenance supports activities anchored through the establishment of a road maintenance group headed by the Chairman, Community Development Association selected by the communities themselves, designed to extend the life span of such roads. The road maintenance group was also expected to assist in simple repairs such as filling of potholes, cleaning of drainages and other small repairs.”

    Beside the rural feeder roads projects, other interventions that shot up the living standards of the rural communities include the provision of 997 solar-powered boreholes; apart from water harvesting, soil and water conservation infrastructure and the establishment of 3,000ha of community woodlots, shelter belt and a forestation meant to stem the fast depleting vegetation in the participating states and touch the lives of about 30,000 vulnerable women and men.

    The state Governor, Aminu Bello Masari while commending the efforts of the Federal Government on agriculture also recalled that farmers in the state who have keyed into the Rice Revolution of the government are doing well to the extent that more than 80! of those who performed this year’s Hajj are self-sponsored farmers unlike before.

    Not a few stakeholders in the state particularly the direct beneficiaries from the rural communities agree that apart from opening up the areas and integrating them into the fray of modern development and infrastructure. It has also contributed in reducing rural poverty, increase food security, accelerate sustainable economic growth and reduce vulnerability of smallholder farmers, including youth and women.

    The Federal Government by providing critical rural infrastructure through these agencies has also contributed in creating the enabling environment for the rejuvenation of the rural economy.

    Ogbeh added that under the CASP programme, a total of additional 375 kms. earthen roads would be rehabilitated and 243 kms. of new rural roads would be constructed.

    According to him, the project will benefit 7,000 people across the participating states.

    He said his ministry was intervening in the provision of 997 solar-powered boreholes which would benefit 5,000 people across the benefiting communities.

    He added that a total of 4,000 hectares of range lands would be developed to cater for the pastoral requirements of 3,000 herdsmen, adding that the project would commence with a pilot of 50 hectares per state.

    He said that in Daura Local Government Area, 600 hectares of land in Madobi and Turumni villages had been earmarked for the commencement of the pilot programme, stressing that holistic land management would be taught and practiced.

    He added that the Federal Government would establish 3,000 hectares of community woodlot, shelter-belts and ensure the afforestation of the fast depleting vegetation across the participating states.

    Ogbeh said that an estimated 3,000 vulnerable men and women would benefit from the programme.

    “We were collaborating with the National Agency for the Great Green Wall across 18 communities.”

    Read also: Financing agriculture

    According to  the National Programme Coordinator of CASP, Alhaji Lawal Idah the IFAD/CASP programme which was aimed at reducing rural poverty, increase food security and economic growth on a sustainable basis, had received wider acceptability among rural dwellers, traditional rulers and community leaders.

    He added that the programme comprised four components of productivity enhancement and climate change resilience, enterprise development for youth and women, instructional development and management and coordination.

    He said ‘’IFAD/ CASP was supporting the production of cash crops such as maize, rice, sorghum, wheat, rice, cowpea and groundnut, each of the participating states produces a variety of crops’’.

    Idah further maintained that the programme was being implemented at the community level with the facilitation of federal, state and local governments, while the community driven development (CDD) implementation model produces the fourth tier which is the Community Development Associations (CDAs).

    Salisu Zubairu, 40, Chairman Makasura Community Development Association while commending the Federal Government f or the road project in his area which according to him in now passable and without flooding of the roads, especially during raining season with the compliments of side drainages and culverts

    He said ’’we in the remote villages with a high population of rural farmers appreciate Government, IFAD and CASP for the various interventionist project as and the feeder roads’’

    Harisu Isa, 64, and The Chairman Development Association Chairman in Kurunkus /Yangora village in Bindawa LGA., expresses delight in seeing an access road in his village during his life time

    He said, “We have been having problems taking our farm products to the markets in the urban areas, sometimes we use donkeys and other animals through bush parts but now we can use vehicles and motorcycles easily. even when we are sick or want to take our pregnant women to the hospitals it has always been difficult before.”

    Yusuf Muhammadu, a 40-year-old commercial cyclist in Wagini-Kasai village in Batsari Local Government Area, could not conceal his happiness in the rural feeder road being constructed in his area. He said that previously passengers preferred trekking the bumpy track roads to boarding his motorcycle but now patronage has increased

    The rural communities in Katsina which are increasingly being connected by roads and other infrastructures would certainly remain grateful to both the federal and state governments as well as IFAD/CASP for the definite changes in social living standards they are experiencing.

  • Shelter for Anambra workers underway

    The Federal Government has continued to demonstrate its commitment to the provision of comfortable and affordable housing for the teeming populace across the country.

    Among such commitments is the National Housing Scheme currently going on at Isiagu, Awka South Local Government Area of Anambra State.

    The project, designed in four-storey buildings condominium to contain 216 units (flats), is expected to accommodate over 433 civil servants and other categories of workers in the state when completed.

    Speaking with The Nation at the project site, Assistant Director, Federal Ministry of Power and Housing, field headquarters, Awka, Okafor Iwuchukwu Umeano, an architect, said the project which started on March 25, 2017, would be completed in no distant time.

    He said the categories of persons targeted for the houses were the high, middle and low classes in society.

    He said, “The houses will have one bedroom, two and three bedroom housing units, purely for civil servants at subsidised rates whose monies would be deducted from their monthly salary for the purpose.”

    Although Umeano could not give the tentative amount of money the project would gulp, it is expected that the Federal Government would invest huge sums of money to execute the project.

    “The Federal Government is desirous to alleviate the problem of housing accommodation to Nigerians to meet the annual requirement of 70,000 housing units for urban areas in Nigeria as suggested by United Nations Habitat Survey between 1991 and 2001,” he added.

    According to Umeano, it was imperative for the present administration of President Muhammadu Buhari through the Minister of Housing and Power, Raji Fashiola to address the housing accommodation issue as the budget could withstand.

    He named Messers Vic Phranc Nigeria Limited, Dochob Nigeria Limited and Cosco Investment Limited as the three contractors engaged for the building project.

    Umeano further revealed that the estate had already been provided with the necessary infrastructure, including access roads and electricity soon to be connected to the national grid.

    He added, “The only setback the project encountered was when a soil test was later conducted, it was discovered that the type of foundation to be used was different from the one the buildings were originally designed for which affected the earlier cost by upward review.”

    He however pledged the commitment of the Federal Government towards ensuring completion of the project at recorded time.

    One of the contractors handling the project, Chief Daniel Orji, said he was yet to receive payment for the money he invested.

    Orji, whose buildings were at the first decking stage, appealed to federal government to offset the debt to ensure the project did not suffer unnecessary delay.

  • Employers violating pension reform Act, says Wabba

    •’Ogun owes N100b pension contributions’

    The Federal Government and other employers in the country are violating the Pension Reform Act (PRA) 2014, the President, Nigeria Labour Congress (NLC), Ayuba Wabba has said.

    Wabba spoke during a pension session held by the House of Representatives Ad-Hoc Committee in Abuja.

    He said employers, including the Federal Government, are violating the Act by deducting pension contribution from employees’ salary and not remitting same to their pension managers.

    The PRA 2004 as repealed by the PRA 2014 states that an employer is under obligation to remit pension contributions to Pension Fund Custodians (PFCs) through Pension Fund Administrators (PFAs) within seven days after payment of salaries; otherwise, in addition to making the remittance, the employer shall be liable to a penalty which shall not be less than two per cent of the total contributions that remain unpaid for each month or part of each month that the default continues.

    The PRA 2014 revised the rate of pension contribution from 7.5 per cent contributed equally by the employer and employee under the old law, to eight per cent for the employee and 10 per cent for the employer; bringing the minimum total contributions for both parties to 18 per cent compared to 15 per cent previously. As contained in the 2004 legislation, an employer may choose to make the total mandatory contributions without making deductions from the salary of the employee; however, total remittance for any employer who chooses to remit without recourse to the employee must not be less than 20 per cent of the monthly emolument of the employee.

    Monthly emolument is defined to mean total emolument as contained in the employee’s contract of employment, but shall not be less than the total sum of basic salary, housing and transport allowance.

    Wabba urged the commission to take steps, including collecting interest where such situations are found.

    He said: ‘’About the issue of violation. Yes, there has been violations. But the violators are employers that deduct pension from their employee and don’t remit pension to their (PFAs).

    “In Ogun today, we have about N100 billion that has been deducted by the state government and not remitted to Pension Fund Administrator (PFA). So clearly, there is a violation of the provision of the pension Act. Any employer who is not remitting both employer or employee contribution is a violation and therefore we want a very stringent measure to be taken including taking of interest where such situations are found.

    Speaking on safety of the N8.63 trillion pension fund assets, he said: “I will like people to know that the pension funds belong to somebody who is a worker today who is expecting that the money should be invested carefully in business that will be yielding interest for them.

    “However, the National Pension Commission (PenCom) has the responsibility of protecting the trillions of naira that belongs to the pensioners. The commission must ensure that these funds are safe and remitted as and when due”, he added.

  • Fed Govt warns against ‘plan to truncate electoral process’

    THE Federal Government has strongly warned against alleged plan by the opposition People’s Democratic Party (PDP) to truncate the electoral process and render the elections held on Saturday inconclusive.

    According to the Minister  of Information and Culture Alhaji Lai Mohammed, in a statement issued yesterday in Oro, Kwara State, the opposition’s plan was to trigger a constitutional crisis and push for an interim government.

    He said the PDP has started laying the groundwork for a constitutional crisis by unleashing its spokesmen, including Buba Galadima, Osita Chidoka and Femi Fani-Kayode, on the public space to claim victory from Saturday’s election, even when the Independent National Electoral Commission (INEC) was yet to announce the result – an action that the statement said “amounts to a clear case of impunity”.

    Mohammed said by usurping the role of INEC through the announcement of result, the PDP has violated the Electoral Act and should face very serious consequences.

    The minister said: “By announcing the result and saying they have won the February 23rd election, the PDP is deliberately seeking to confuse the polity and lay the foundation for rejecting the outcome if, when INEC eventually announces the result, the party does not win.

    “This confirms what we said in a series of pre-election press conferences, that the PDP – realising it cannot win a free and fair election – will do everything possible to scuttle the polls, failing which it will proceed to the next stage, which is to discredit the entire electoral process, including the result, with the ultimate aim of precipitating a constitutional crisis and pushing for an interim government.”

    He also noted the alarm raised by the Federal Government over the PDP’s decision to set up a parallel electoral body, under the tag of Parallel Voting Tabulation (PVT) System, which the opposition party described as a tool that will determine whether or not it accepts the results of the elections.

    “We said, then, that while it is standard practice for political parties to have their own monitoring systems during elections, what is

    not standard is to set up a pseudo-electoral commission and imbue it with the power to collate and announce results as the PDP is now doing under the guise of PVT. Unfortunately, our warning has proven to be prescient,” Mohammed said.

    The minister wondered why those who parade themselves as democrats would show such disdain for the electoral process, which is a key ingredient of democracy.

    He called on the security agencies to nip in the bud the constitutional crisis that the PDP is working frantically to trigger, by immediately arresting and prosecuting anyone, who announces the result of last Saturday’s presidential and National Assembly elections.

  • ‘Individuals, not judiciary, are on trial’

    Mr Wahab Shittu is a law teacher at the University of Lagos (UNILAG) and a leading prosecutor for the Federal Government. In this interview with JOSEPH JIBUEZE, he speaks on resolving election disputes, eliminating technical justice, trial of judicial officers and the role of lawyers in tackling laundering of state funds.

    What is your assessment of the presidential and National Assembly elections?

    Now that the elections have taken place, my appeal to the political elite and Nigerians is to respect the outcome and shun violence. We need to grow our democracy by institutionalising a healthy political culture, resillience and maturity. Undoubtedly, there were some hitches here and there, arising from management problems. We really should not be talking of logistics challenges in our electoral process if we got the management right. My view is that other than administrative and policy issues, subsequent elections should address management and procedural issues by outsourcing the latter to competent private sector players with capacity to deliver effectively and efficiently. Finally, there is no way we can practice democracy if we are really not prepared to conduct ourselves as democrats.

    The elections were shifted by one week. What does it say INEC?

    The postponement of the elections few hours to the poll was a national embarrassment for which INEC has assumed full responsibility. lt is unhelpful to attribute the development to Mr President, APC, PDP or any of the political parties. My personal view is that INEC had sufficient time for preparations, including addressing whatever logistic challenges. The President’s claim that INEC was given all it requires has not been disputed. Why blame Mr President when he is not in charge of the conduct of the elections? I’m unable to also accept the theory of compromise by lNEC because l can vouch for the integrity of Professor Mahmoud Yakubu.

    Why did you say so?

    l had interacted closely with him in the past when he served as the Executive Secretary of Education Trust Fund. He was a prominent crown witness in a case l was prosecuting for EFCC and he discharged his responsibility to the state with candour, decorum, integrity and professionalism. l recall he was in the witness box for nearly three hours and all involved in the proceedings agreed he was a witness of truth. l was very impressed with his positive mental attitude and forthrightness in and outside the courtroom. lnspite of the postponement of the elections, my view is that INEC should be given the benefit of doubt. Our people should remain calm, and vote their conscience in the rescheduled polls. I’m positive that INEC will deliver a peaceful, credible, free, and fair polls to the satisfaction of Nigerians and the International community, I mean peaceful, credible, free, and fair polls.

    The governorship and  House of Assembly elections hold in two weeks. What are your expectations?

    My first take is to say that INEC and all those who are in charge of the electoral process must deliver on peaceful, free, fair and credible polls. The assumption is that the will of the people should prevail.

    What is expected of the Judiciary?

    The first note of caution I wish to respectfully sound to the judiciary is that the intervention of the judiciary to resolve disputes arising from elections anywhere in the world is an exception rather than the rule. Whenever the judiciary intervenes in the electoral process, it is a painful experience and so our judiciary must take congnisance of the fact that they cannot be substitute to the electorate. This implies that the judiciary must decide based on evidence supporting the predominance or the popular will of the people. The judiciary must ensure that in the resolution of whatever disputes that may arise from the elections, such resolution should be reached in a manner that will not promote anarchy. This implies that the highest standard of judicial integrity is required, having regard to the provisions of the Constitution, the Electoral Act; as well as the constitution of the various political parties and the guidelines for conduct of elections. There should not be any element of compromise.

    How can technical justice at the tribunals be avoided?

    This is part of the point that I was making; that the will of the majority of our people, who exercise their franchise ought not to be sacrificed on the altar of technical adjudication. As much as possible, our judges should be fair, having in mind that sovereignty in the democratic process belongs to the people. If the resolution of electoral disputes reflects the popular will, then the image of the judiciary, as an adjudicator, will be enhanced. If it does not reflect the popular will, then confidence in the justice delivery system is endangered. So, when judges adjudicate over the election cases they should put themselves in the position of the electorate and ensure substantial justice rather than reliance on technicalities. This way public confidence will be restored in the judiciary and the electoral process; anarchy will be forestalled and people will come out of every adjudication satisfied that the element of justice has been promoted.

    Election tribunal judges have been accused of corruption. How can this be addressed?

    Well, there is a growing concern in the judiciary that the phenomenon of supermarket justice should be eliminated and when accusations bordering on corruption are made with respect to the judiciary, I think we have to be very careful, so that we do not paint the entire judiciary with a general brush of corruption.

    I know that even though there are a few bad eggs in the judiciary, just like every other sector of the society, we still have judges, who are people of integrity, character, capacity and competence; and judges who are committed to the attainment of justice; judges who are jurists. There is a distinction between being a judge and being a jurist. Those judges and lawyers, who are committed to the attainment of justice in the resolution of cases are jurists, but those lawyers who are just interested in winning their cases not minding whether justice is attained in the process are not jurists. That is why some of us will counsel that it is better to be a jurist, whether you are functioning as a lawyer or a judge, because your preoccupation will be the attainment of justice. It is when adjudication leads to the attainment of justice that the society is strengthened and people’s expectations are satisfied. But when the justice delivery system does not deliver justice, people get discouraged; public confidence is shaken, the multiplier effect is that the image of the judiciary is endangered.

    What is expected of judges?

    So, our judges in the resolution of election disputes should be concerned about the element of justice. When justice is served, then people will be happy that what was denied them at the polls is given to them by the court. So, I expect our judges to be above board in the resolution of electoral disputes. I expect them to embrace integrity, character and the fear of God. That way, we will be promoting the fundamentals of democracy. Our judges must be conscious of the fact that whatever judgments they eventually they hand down will impact on the quality of governance and may or may not mar the democratic process. If they are guided by all these in addition to their judicial oath, everything will well. Again, I want to encourage judges who are going to be involved in the adjudication of electoral disputes to reminiscee on the golden era of the judiciary when we had the likes of Honourable Justices Oputa, Esho, Idigbe, Obaseki, Nnamani, Aguda, Mohammed Bello and Uwais. These were frontline judges who left a mark in the sands of time. Judges, who are to preside over these electoral disputes, must be conscious of their place in history.

    Allegations of corruption against judicial officers, as happened in Zamfara, are still rife. Are you worried about that?

    It shakes public confidence but I hope that the counsel making such a grievious allegation has sufficient materials to prove it, because reputation is involved. And since that very serious allegation is now in the public space, the anti-graft agencies must now take the bull by the horns to investigate thoroughly the veracity of the allegation and allow the law to take its course. When a counsel make such an allegation he can only be exculpated if the allegation is found to be true; otherwise, there are consequences for the lawyer who makes a grievous allegation. So, when you make an allegation it must be subjected to proof because reputation is at stake. Where you sound a false alarm, you must be ready to cope with the consequences. At the time if the allegation is true, I encourage that the law should take its course.

    What is the role of institutions in such instances?

    The issue should be taken up by the National Judicial Council and the Nigerian Bar Association. As a lawyer you are answerable to the disciplinary committee of the NBA in the discharge of your duty and as a judge, you are answerable to the NJC. So, I think people must be encouraged to take advantage of these disciplinary mechanisms. You cannot make any wild allegation; you cannot injure someone’s reputation without consequences. Where there is proof, authorities in charge of disciplinary measures must wade in. And apart from this, the law of the land also prescribed prosecution and to send to jail if found guilty.

    Do you see an end to election litigations in Nigeria?

    Once INEC is able to deliver on free, fair, credible and peaceful polls, of course, lawyers and judges will be out of business. A lawyer lives in the conscience of the people and for history. A good lawyer ought to be satisfied that there is sanity in the society; a good lawyer is not necessarily concerned about his pocket; a good lawyer is happy when there is order, when there is safety; when there is justice in the polity. But there are two categories of lawyers. There are lawyers who are equipped with the theory of change and there are those equipped with the theory of forestalling change. Those who belong to the former category are happy when law is deployed for social engineering to satisfy justice, equality and fairness. If there is a free, fair and credible poll, there will be minimal resort to litigation after elections. A good lawyer ought to be happy about that because lawyers, primarily, are supposed to be ministers in the temple of justice and should be concerned about order and good governance in the society.

    Should lawyers handling election petitions be concerned about the source of their payment?

    Deploying state funds to prosecute personal cases is an abuse of position; it is corruption. And I think a lawyer, who is rendering services, must not only be concerned about his fees, he must also be concerned about the colour of his fees and he could put in place safeguards. For instance, when payments are made for your services, you have to be interested in the origin of the money. If you are rendering personal services to a governor, and he indicates paying you from the government dedicated account, you are entitled to resist because you know that will be an illegal payment. What it calls for is integrity and professional responsibility.

    Do you see lawyers doing that?

    Beyond loyalty to your client, you owe far more loyalty to the society and to the temple of justice. As a lawyer, the duty you owe to the society and the temple of justice is far greater than the duty you owe to your client. I think we should not confuse the limits of these duties. If you elevate the duty you have to your client over and above the duty you owe to the administration of justice, then you will run into moral and ethical problems and then you will be betraying your calling as a lawyer. This, sadly, is what is pervasive in some quarters of our profession and all of us must rise as concerned stakeholders against falling ethical and moral standards, falling integrity and lack of professionalism, declining professional standards and the general rot in the society.

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    Why did you say so?

    There are lawyers and there are lawyers. Today when name of an element like the late Chief Gani Fawehinmi is mentioned, you can see the kind of public acclaim; this is largely because of what he stood for. So, you have a duty, as a lawyer, to ask yourself what kind of lawyer you want to be. Do you want to live for the society or you want to be remembered for having served your private pocket? History is watching and all of us must be very careful.

    The judiciary has been in the news for wrong reasons in recent times. What is your take?

    On a personal level, I feel very sad that this is happening to the judiciary. I don’t like it at all when a Senior Advocate of Nigeria or a judge is being arraigned. But I think there must be a caveat; no matter how big anybody is, the law is bigger and we must ask ourselves whether the trial of individuals amounts to the trial of the judiciary as an institution. There is a distinction and people must draw that distinction. When individuals are being tried for infractions, then everyone should answer his or her father’s name. I am not inclined to agree with those who contend that it is the judiciary that is on trial because of individuals who are alleged to have wronged the law.

    What is your take on the trial of suspended Chief Justice Walter Onnoghen at the Code of Conduct Tribunal (CCT)?

    We should be very careful not to desecrate the sacred institution called the judiciary. In an attempt to kill some rats you don’t burn down the entire building. And that is why beyond the trial of the suspended Chief Justice of Nigeria before the Code of Conduct Tribunal, I am also very worried about what impression it would create locally and internationally for a sitting Chief Justice of Nigeria to be in the dock. I think that is worrisome and I thought that if anything can be done to forestall such a possibility, it should be done by both sides to save the image of the judiciary, which is sacred, eternal and would outlive all of us.

  • Dabiri-Erewa assures deportees of govt’s support

    THE Federal government yesterday assured Nigerians recently deported from Ghana that they would not be made to suffer for crimes they did not commit.

    Senior Special Assistant to the President on Diaspora Mrs. Abike Dabiri-Erewa gave the assurance while briefing State House correspondents at the Presidential Villa, Abuja.

    According to her, the Nigerian Ambassador to Ghana, Olufemi Abikoye, was on top of the situation, stressing that the matter would soon be resolved.

    She said: “He (Abikoye) met with the Comptroller General of the Immigration in Ghana and they both had a very productive discussion.

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    “But here is the situation, if indeed you commit a crime, you have to face the penalties. But what we are saying is that a bad apple should not spoil the bunch. Let every case be treated on its merit. That’s what our ambassador is demanding and that’s what Nigeria is asking for.

    “It’s important that both nations look at this situation, not gloss over it, to ensure that our relationships continue to get better and not retrogress. So, we appeal to Nigerians that wherever you are, you are the number one ambassador of the country. “