Tag: government

  • Federal government so detached from reality

    Federal government so detached from reality

    As an indication of just how far down on the realty scale the government has descended, huge contracts have just either been approved or budgeted for in the 2013 budget. Among these are N2 billion additional fund for the construction of the vice president’s residence in Abuja, N2.2bn for the construction of a ‘befitting’ banquet hall in the presidential villa, billions more for the maintenance of the about 10 aircraft in the presidential fleet, and stupendous amounts for the official accommodation of the Senate President and Speaker of the House of Representatives. There are other hefty allocations for all sorts of sundry matters including meals, cutleries, entertainment, etc.

    Asked why the VP’s residence was a priority, the Federal Capital City (FCT) minister made this remarkably indifferent explanation: “The Vice-President is staying in a guest house meant for visiting heads of state. It is not right, it is not befitting for the Vice-President…The Vice-President has no accommodation; certainly you will agree with me that it is unbecoming for any government not to provide accommodation for its Vice-President. We will now embark on the construction of a befitting residence for the vice-president.” The minister, you will notice, wasn’t talking of necessity in these dire economic times; he was talking of what is befitting and what is not befitting. It’s the same rationalisation everywhere in government. The Aviation minister, for instance, is also preoccupied with building airports that can compete with the best in the world. Have they been able to run and maintain the ones they inherited as best as they should?

    The Goodluck Jonathan government is not just spending billions without rhyme or reason; I am beginning to suspect that the government has run berserk. Only last week, the Minister of Finance, Dr Ngozi Okonjo-Iweala, disclosed that some 50 oil firms fraudulently collected N232bn from the government. Only N29bn has been recovered so far through debt swap. Were the gatekeepers sleeping when the crime was being committed; or was it sheer criminal collusion by government officials? In the midst of this horrendous mismanagement and wasteful spending, the president has not spoken with the gravitas the situation calls for. Instead, he has announced that eventually fuel subsidy would have to be removed completely. Neither he nor his ministers could tell us accurately the volume of fuel we consume, how they computed the subsidy, and why they think the economy can survive the social and economic dislocations the subsidy removal would precipitate.

    The Jonathan government has not provided fresh ideas on how the country can best manage its resources, develop the economic and political paradigms that are efficient and best suited to our needs, and energise the system to succor the rising number of poor people who cannot afford to pay for shelter and healthcare, educate their children, and enjoy a decent standard of living. More people are unemployed today than at any time in our history, are cripplingly less skilled, more criminally minded, and die much younger than their counterparts in most other African countries. In brief, Nigeria fares very badly in every social or economic indicator. What plans does the government have to remake the country and its people? Practically none. Instead, the government continues to embark on a spending spree so violently opposed to the reality of the moment, and almost without a care for the future, that it is a miracle order has not completely broken down.

    Sadly, as democrats, we will have to cope with this sorry situation for the next two years and more. There is little anyone can do to redirect the government. It believes it has the brightest ideas and the best men and women to run the affairs of the country. Whatever we say will simply bounce off their thick skins. The best we can hope for is to wait for the next polls and vote in rational and realistic leaders who have workable ideas for re-engineering the country. Meanwhile, we must also hope that the damage this band of indifferent and financially reckless politicians will do to the system will not be irredeemable. Indeed, I am not sure we can survive a wrong choice after 2015.

  • Femi Fatoba: ‘They said I abused the government’

    It would have been so funny were it not so tragic. I refer to the late Dr. Femi Fatoba’s stinging and stirring collection of poems simply titled, ‘They said I abused the government’. In this slim collection of just 52 pages, the multi-talented artist, painter, singer, teacher, poet and actor pokes fun at the follies and foibles of post-colonial Nigerian society while also mercilessly criticising the bad leadership, corruption, inequality and crass materialism that are the bane of an otherwise richly blessed country. But then, Dr. Fatoba also writes poems about nature, love and friendship that reveal him to be a highly observant writer and a sensitive human being.

    Let me quickly say that I owe the title of this column to another of Dr. Fatoba’s collection of poems titled, ‘Petals of Thought’, which was published in the eighties while I was still at Ibadan. The book was one of my constant companions throughout my undergraduate years until I most regrettably lost it in inexplicable circumstances. Dr. Fatoba writes with undisguised anger and impatience at the shortcomings of his country but you can also readily perceive that he is motivated by patriotic love and compassion especially for the downtrodden majority.

    I used to know Dr. Fatoba from a distance at the University of Ibadan. His fair complexion, clean shaven head and lush, luxuriant beard was simply impossible to ignore on campus. Although I was in the Faculty of Social Sciences, I was a regular observer, and sometimes peripheral participant, in weekly poetry readings and expositions at the Faculty of Arts. On those occasions, Dr. Fatoba and some other lecturers of the faculty sacrificed their evenings trying to take us through the rudiments of the complex art of poetry. Although my memory fails me now, some of those who regularly participated in those sessions included Afam Akeh, Funmi Dukuya, Dapo Adeniyi and the late Sesan Ajayi. Of course, I soon quickly gave up any pretensions to poetry writing even though I continued to harbour a fervent passion for good poetry.

    It was, therefore, with immense joy that I discovered the collection of poems under focus today in one of my favourite book shops here in Lagos. Incidentally, the collection had been published since 2001 and I was simply oblivious of it. Going through many of the poems in the eminently readable volume, I found myself wondering if Dr. Fatoba had some premonition about his abrupt departure from this side of eternity. Did he persistently excoriate the venality and lack of conscience of the Nigerian ruling elite so ruthlessly because their greed, complacency and sheer incompetence lead so many to early and untimely graves just as happened to Dr. Fatoba?

    The renowned poet, dramatist and artist died on December 12, 2008, in a ghastly motor accident on the Ughelli/Patani road in Delta State. He perished along with four other colleagues on his way back to Ibadan from the Niger Delta University, Wilberforce Island, Bayelsa State, where he was a visiting lecturer having retired formally from the University of Ibadan. This is another example that those who ceaselessly rue the absence of good governance in an otherwise hugely endowed country like ours are not just engaging in abstract academic exercises. The billions that are stolen by our amazingly rapacious elite deny the vast majority of good roads, modern transportation, efficient health services and other infrastructure that can prolong life expectancy and drastically reduce premature deaths.

    Is it then any wonder that in one of the poems, ‘Like Weaverbird or Crow?’, dedicated to his fellow writers, Professors Femi Osofisan and Niyi Osundare, Fatoba explains why he sings the country’s anthem “with a heavy lump in my throat; Twisting and spitting the words as if they were parts of a curse?”. Among others he laments in this poem “the howling wind of want, felling men like straws on streets; or the recurring soldiers of fortune, who walk our backs with spikes” or “the sound of the rich man’s jet, roaring through the stomach of the poor…”

    In another satirical poem on the state of the nation and our unending celebration of the cult of mediocrity, Fatoba employs the national soccer team as a symbolic depiction of the degeneration of leadership at all levels in post-colonial Nigeria. Titled ‘Prayer for the National Team’, Fatoba writes “…The centre-forward positions himself, at the rear of the net, saying it is immodest to be forward. The out-wingers do not chase the ball but delight in passing the buck; Our players in the mid-field prefer playing in the middle of nowhere; Lord you created those who don’t walk, who don’t run and never stand anywhere. Our right-full-back sports two left feet and the left-full-back kicks us in the back!”

    ‘They said I abused the Government’, the poem from which the book derives its title sees the poet at his ironical best even as he needles the government with seemingly harmless but unmistakably pregnant questions from his detention cell: “I asked the human tongs of Gestapo, How did I abuse the government? Did I say the government is deaf and does not hear the cries of her people? Did I say the government is lame and never lifts an arm in service to her people! Did I say the government is blind and does not see where she is going! Did I say the government is a cannibal, killing and eating her children? Did I ever say anything bigger than the small mouth with which I ask simple questions? Anyway, who am I to abuse the government!”

    Pray, is a government that allows its citizens to die on abandoned death traps called roads or in ill-equipped, poorly manned health facilities better than a cannibal eating up its own children? Is Fatoba not justified in his barely concealed anger at the sheer savagery of the post-colonial Nigerian state? Much of what Fatoba lampoons in this collection are still with us undermining the potentials of Nigeria. These include thieving leaders, high handed law enforcement agents as well as hypocritical and decadent social mores.

  • Is government winning the war on terror?

    Is government winning the war on terror?

    SIR: The Joint Task Force on Wednesday claimed it captured the operational base of the Boko Haram in Kano. The JTF also killed one of the influential members of the sect suspected to be its spokesperson with the name Abu Qaqa. Of course, these are remarkable achievements and deserve commendation.

    Although, there cannot be clean victory in the war against terrorism but the government can mitigate if there is consistency in counterterrorism policy with long term strategy that is dynamic in approach. The recent attack against the sect’s operational base will go a long way in reducing the terrorists’ activities in the northern part of Nigeria. There is no doubt in the fact that the JTF assault on the sect’s active base will weaken their organizational capacity to launch future attacks on innocent citizens.

    The JTF should continue and ensure they locate and destroy all Boko Haram’s operational and command centers in Nigeria. The government should also locate their sponsors and active sympathizers for arrest and prosecution under the new anti-terrorism law. The judiciary must rise up to the occasion by complimenting the effort of the security agencies.It is disheartening to see how those who have been arrested and charged to court with credible evidences have been released from time to time without punishments commensurate to their deed.

    Since his appointment as the National Security Adviser, Col. Sambo Dasuki (rted) has consolidated on the existing “carrot and stick” strategy with much emphasis on diplomacy, intelligence gathering and quality intelligence analysis for operational tactics. The product of this approach gives timely interventions that prompted the arrest of the influential cadres and enable the JTF to locate the Boko Haram’s operational centre in Kano. The ability of the NSA to coordinate the security agencies thus reducing the traditional rivalry between them is a major milestone achievement.

    The government must try to consolidate on this gain by reducing all those things that breed terrorism in the society. While the military, law enforcement in collaboration with the intelligence community are doing their best to clear the mess they never created, the policy makers should understand that the only way out to win the war is to reduce poverty, create employment opportunities for young people, reform the Nigerian justice system and deepen the countries democratic values.

    Finally, a comprehensive counterterrorism strategy must be centered on four goals: First, stop terrorists from committing acts of violence by capturing them, disrupting their cells, or if necessary, killing them. Second, keep the most dangerous weapons out of terrorists’ hands. Third, recognising that it is impossible to prevent all attacks. Fourth, prevent radicalisation by helping to deal with grievances that are spawning terrorists.

    The government cannot achieve all these with the only use of force but through a comprehensive approach deeply rooted in good governance.

     

    • Oludare Ogunlana

    abovejordan@yahoo.com

  • How govt is resolving crisis, by minister

    How govt is resolving crisis, by minister

    Minister of Interior Abba Moro, yesterday said the Federal Government’s dialogue with Boko Haram is achieving results.

    He also explained that the government has adopted three variables to deal with the sect.

    The variables are curtailment, managing consequences of violence and dialogue.

    He said he has written to the Police and the State Security Service(SSS) to probe allegation of gun-running against him.

    He said he wants security agencies to conduct a search in all his houses and if he is found guilty of stockpiling arms, he should be dealt with according to the law.

    Moro, who spoke in Abuja, said the ongoing dialogue with the sect has reduced attacks and violence in the north.

    He said: “Let me say that the Boko Haram situation is a very complex situation, it is a very unfortunate situation. I want to believe that this present administration, a democratically elected government, believes that it has responsibilities for all Nigerians  that are law-abiding and going about their legitimate businesses without recourse to violence and Nigerians that one way or the other feel aggrieved and have taken the path of violence to express their grievances.

    “With the  evolvement of Boko Haram and its crises, the Federal Government took various steps and opened various options. One, the step of curtailment; two, the step of managing the consequences of violence and crises where they occurred; and of course, the noble cause of dialogue because experience has shown that in all war situations, at the end peace is only achieved through dialogue, through talking.

    “And so, the Federal Government has ordinarily made itself available for talking, especially if the proponents of Boko Haram and the crises open up and present themselves as people that can be easily identified and dealt with.

    “So, I believe that it is only in conformity with civilized norm that the Federal Government would continue to talk with members of the Boko Haram.

    And I want to tell you this. It is a combination of all these options that the Federal Government has taken (enforcing peace, enlisting support for peace through dialogue).

    “While we have not been able to come completely to grips with the Boko Haram crisis, you will agree with me that when you are talking, there is less violence.

    “And today, we are discovering that people have started  accepting peace as the only option for even achieving the results that they want to achieve through violence.

    On allegation of gun-running and stock-piling of arms to intimidate political opponents in Benue State, the Minister said: “I am not a violent person, I am a democrat.”

    He said a similar allegation was made in 2005 for which he was arraigned in a High court by the SSS and he was discharged and acquitted by the court.

    Moro added: “They even  went to the ridiculous extent of insinuating that I confiscated the arms donated to the Civil Defence Corp by the Nigerian Army. Statutorily, as minister of interior supervising the Nigeria Security Civil Defence Corp.

    “ I went to take delivery of the arms donated by the Army to the Civil Defence Corp, symbolic delivery and from that point that I took delivery of the crates, they were loaded into the vehicles of the Nigerian Army, escorted by the Nigerian Army to the depot, to the armoury of the Civil Defence Corp, the first and the last that I saw of those arms was when I was taking delivery of the crates.

  • ‘Why Nigerians must reject N5000 banknote’

    ‘Why Nigerians must reject N5000 banknote’

    Mr Steve Ononye is a former Assistant Financial Secretary of the Nigerian Bar  Association (NBA). He speaks on his expectations from the new NBA leadership, the proposed N5000 banknote and how to achieve speedier court process in the new legal year. Legal Editor JOHN AUSTIN UNACHUKWU met him.

    What are your expectations from the current leadership of the NBA?
    The NBA as you know is the umbrella that covers all the Lawyers in Nigeria and we hold same in utmost candor and respect. May I congratulate the new President of the NBA Okey Wali SAN and other members of the executive because it is without doubt that the Nigerian Lawyers in sincere recognition of their priceless contributions towards a better and more progressive NBA feels it honour-bound to elect them to various positions in the NBA Exco. I know without a flicker of doubt that the leadership of the NBA will in a humble, but forthright and honest manner steer the affairs of the NBA. I believe that as the President of NBA proceed to saddle the responsibility of the office, he will bring to bear his wealth of experience and impress the same in the discharge of this great and challenging national assignment.
    How best should NBA engage the government?
    I have confidence in the leadership of the NBA and it is indubitable that the entire members of the Bar that entrusted the leadership of the Bar on Okey Wali SAN are convinced enough about his ability and suitability to steer the leadership of the NBA. The NBA at this threshold will do well by engaging the government of Nigeria in a constructive dialogue on the meaning, scope and relevance of its rule of law. Without any doubt, the rule of law agenda of President Goodluck Jonathan requires clarification and sustained examination. The leadership of the Bar must therefore ensure that the rule of law agenda move beyond the realms of theory to concrete deliverables for the people of Nigeria. Achieving this requires sustained campaign around issues of respect for human rights, independence of the Judiciary and enhancing access to justice. All these and more I am confident that the leadership of the Bar is better equipped and competent enough to achieve.
    What role should it play as regards good governance?
    I trust the leadership of the Bar and believe the Bar will collectively and individually champion the case of democracy and good governance in our country especially this time we are facing a serious insecurity problem in the country. I pray that during the tenure of Okey Wali, SAN as the NBA President, the NBA will witness and achieve new and greater height.
    There is so much worry about the introduction of N5,000 notes. What is your view about this?
    The NBA has spoken its mind on this issue and I think that is my view and the view of other right thinking lawyers in the society.
    What is the view of the NBA in that respect?
    The NBA has resolved that the planned introduction of the N5,000.00 currency note is a shallow, poorly thought-out hare brained initiative by the Central Bank, which will devaluate the Naira, diminish the lives of Nigerians and push corruption and money laundering to new unimaginable heights. The argument of the Central Bank of Nigeria that this innovation will not promote inflation does not hold water. It will certainly promote inflation and devalue the Naira wholesale.
    How will this policy affect Nigerians?
    This measure I strongly believe will affect the lives of Nigerians in many ways. This plan by the CBN will rather distract Nigerians from the pressing national dilemma of insecurity and corruption. The problem we have in this country is not the introduction of N5,000 currency, one wonders how the introduction of five thousand Naira Note will help to put food on the tables of millions of Nigerians who cannot afford to feed themselves daily. It will rather worsen their condition. I don’t know what is wrong with Nigeria.
    New legal year has just started. What new improvements do you expect in our legal system?
    There is need to improve on some of our laws so that it will be in line with the current trends in the world.There is also need to harmonize all the High Court rules in Nigeria and may be to unify them to make the practice of law less cumbersome. There is need to improve on the caliber of persons being appointed as judges. For instance persons of integrity, who are knowledgeable in law. With particular reference to Anambra State where I practice, there is need to appoint more judges at the High Court of Anambra State. In our various courts in Anambra State we still experience congestion of cases. There is need to appoint more judges to help decongest the cases and improve the quality of judgment being delivered by the judges in the State. We have a serious problem in Anambra State with particular reference to Onitsha High Court where some Courts have over 20 cases to handle in a day. We need at least nothing less than 20 new Judges in Anambra State.
    You mean a judge has over 20 cases in a day to handle?
    This is no joke, Lawyers in Anambra State have a serious problem, if you are not a senior Advocate or a very senior Lawyer in the State especially in Onitsha High Court, you may spend the whole day in Court without achieving anything. I seriously urge the Anambra State Governor to play his own part to see that more Judges are appointed in Anambra State and he should take it seriously. I do not know why Governor Peter Obi of Anambra State believes that all is well with the Anambra State Judiciary. Something need to be done in that respect this new legal year.
    What office are you vying for in NBA Onitsha Branch, and what is your programme?
    Well, I am vying for the office of the Secretary of the Onitsha Branch of the NBA.  I have informed members of Onitsha Branch about my welfare package for members and I do not wish to say more. I believe I will serve the members of Onitsha Branch well because I have the experience.
  • ‘Nigeria suffers from lack of vision, national goals’

    ‘Nigeria suffers from lack of vision, national goals’

    Being text of a paper by former Chief Economic Adviser to the President, Chief Phillip Asiodu at the Mohammed Lawal Uwais Public Service Award lecture by the Nigerian Institute of Advanced Legal Studies (NIALS) in collaboration with  the Nigerian Television Authority (NTA)

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

    How to ensure judicial independence, by lawyers

    Chief Justice Aloma Mariam Mukhtar has expressed her displeasure over the increasing erosion of judicial independence, pledging to reverse the trend. How can she do this? Some lawyers proffer tips in this report by Adebisi Onanuga, Eric Ikhilae and Precious Igbonwelundu.

    he judiciary is expected to be an institution that is beyond reproach. Sadly, like the other arms of government, it is caught in the web of corruption, misuse of power and arbitrariness plaguing every segment of the society.  Rather than seize the independence that democracy offers, by virtue of the twin principles of separation of power and rule of law, the judiciary  seems to have chosen to swim with the tide. In the process, it fell in to the morass  which the political leadership has since sunk.
    An ideal judiciary, in every democracy, is a bulwark against executive and legislative excesses and helps to uphold the rule of law.  To effectively perform these roles, the judiciary must operate as an independent and impartial arbiter, held in high esteem by the people.
    Unfortunately, the Nigerian judiciary has over the years continued to be the opposite of an ideal judiciary. This development has resulted in the total erosion of all vestiges of judicial independence guaranteed by the Constitution. It has led to instances where judicial officers give no regard to their codes of practice, despite the various noble provisions aimed at guiding against abuse.
    For instance, the preamble to the Code of Conduct for Judicial Officers provides: “Whereas an independent, strong, respected and respectable Judiciary is indispensable for the impartial administration of Justice in a democratic State;
    “And whereas a Judicial Officer should actively participate in establishing, maintaining, enforcing, and himself observing a high standard of conduct so that the integrity and respect for the independence of the Judiciary may be preserved.”
    Also, in seeking to embolden judicial officers in the conduct of their businesses, the Constitution provides that: “The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, and pressures, threats of interferences, direct or indirect, from any quarter or for any reason.  There shall not be any inappropriate or unwarranted interference with the judicial process, nor shall judicial decisions by the courts be subject to revision.”
    Despite these provisions, the judiciary is still striving to achieve a level of independence expected by the people. Instances still abound where respect for judicial pronouncements are not subjected to the discretion of the executive, judges tenure of office, financial security and appointment are dependent on the executive.
    For instance, while the nation’s judiciary’s highest decision making body, the National Judicial Council (NJC), asked that the suspended President of the Court of Appeal, Justice Isa Ayo Salami, be recalled, the executive has refused, hiding under some excuses.
    Under President Olusegun Obasanjo, court decisions were subjected to “executive interpretations,” and the government became notorious for choosing which court decision to obey.  Some of such decisions included the voiding of the purported impeachment of former Oyo State Governor Rashidi Ladoja and the Supreme Court decision in the seizure of Lagos State’s council funds by the Presidency.
    Issues preceding the exit of Justice Aloysius Katsina-Alu as the Chief Justice of Nigeria (CJN) and the growing erosion of judicial independence have prompted the quest for a fundamental reform in the judicial sector.
    This realisation, no doubt, informed the lamentation, last week, by the CJN, Justice Aloma Mariam Mukhtar over the increasing attack on judicial independence by the executive; she pledged not to condone interference of any sort.
    The CJN, at the an event marking the commencement of the 2012/2013 legal year and the inauguration of 25 new Senior Advocates of Nigeria at the Supreme Court in Abuja, was quoted as saying “the judiciary under her watch will serve as a check on other arms of the government by interpreting the Constitution to determine their “extent and scope of powers and whether any action of any arm of government transgresses such limits.
    “It is the judiciary which has to ensure that the law is observed and that there is compliance with the requirements of law on the part of the government. Our courts should be independent and subject only to the Constitution and the law, which they apply impartially, without fear, favour and prejudice. Without judicial independence, there can be no preservation of democratic values.”
    Observers are of the view that it is not enough for the CJN to speak, by to follow same with actions. They observed that while the CJN was silent on instances of such interference, she also seemed not to be interested in building on the foundation for judicial reformation initiated by her predecessor.
    They noted that Justice Dahiru Musdapher sent a bill to the National Assembly at the twilight of his tenure, indicating about 52 areas of amendment to the Constitution, in an effort aimed at revitalising the court system.
    They identified practices that threaten judicial independence and encourage interference in judicial process. Some of these include the process of appointing  judicial officers, funding of the judiciary, the subjection of judges’ discipline to executive assent, security of tenure and corruption.
    They contended that the current practice where the executive plays a major role in judges’ appointment makes it difficult for the emergence of courageous and independent- minded judges. They argued that it would be difficult for a judge, whose appointment was influenced by a serving governor, to be impartial in deciding cases involving the governor or in which he has interest.
    On security of tenure, observers argued that the unresolved Justice Salami case serves as a pointer to any serving judge that, at the instigation of the executive, one could be thrown out of his seat no matter how innocent of any allegation he/she is.
    They argued that a situation where funding for the judiciary is left for the executive to determine; where the Constitution requires the same executive to provide infrastructure for the judiciary and where the judiciary, mostly at state and local government levels, rely on the executive for the provision of basic necessities can hardly encourage independence, because he who pays the piper dictates the tune.
    The said the major threat to judicial independence is corruption, arguing that the situation becomes helpless in a society like Nigeria with a code of moral ethics and ethos that drive the national aspiration.
    To them, in a society where the misnomer has become the norm and ingredients of corruption form a component of any policy decision, and where corruption permeates every sector, it will be difficult to attain judicial independence.
    They contended that a situation where judges at tribunals, assist desperate politicians to assume office by turning logical legal reasoning on its head, such judges should expect less, because desperate politicians are in office to meet their selfish ends and will circumvent all constitutional provisions to achieve their aim.
    Former President of the Nigerian Bar Association (NBA) Joseph Daudu argued that judges constitute a threat to judicial independence. To him, “access to judges outside official channels appears to be the greatest harbinger or threat to the independence of the judiciary.”
    This argument is contained in a paper entitled: “The independence of the Nigerian judiciary in the light of emerging political and security challenges,” which he presented at an event by the NBA, Maiduguri branch.
    “The judiciary is not only the last hope of the common man; it is the only hope of government and concepts such as the Rule of Law. Modern democratic society as we know it today will cease where confidence is lost in the judiciary. No one wants to go back to those days of autocracy and dictatorship.
    “However, there is a growing perception backed up by empirical evidence that justice is purchasable and it has been purchased on several occasions in Nigeria. Ultimately, should this state of affairs continue unabated, people will exacerbate recourse to self help and extra judicial measures. No wonder assassinations and unresolved killings have been on the rise in Nigeria.
    “The choice to go to the Bench is a conscious one. It is not taken just as a means of livelihood or as a last resort by well connected persons. It ought to be seen as a reverent calling. It is now commonplace to hear some judges complaining that legal practitioners charge high fees when they are not the ones who write the judgment.
    “This category of judges must perish such ideas. Lawyers go into legal practice without the cushion of an ascertained regular monthly salary; they may go for months without being briefed by prospective clients. It must never be a reason to collect gratification that lawyers charge high fees. The Bar and the Bench complement one another; together we stand as co-ministers in the temple of justice. We destroy the temple when we tolerate corrupt practices therein,” Daudu said.
    Aside Daudu, other lawyers also proffered ways of assisting the CJN achieve her objective of ensuring an independent and impartial judiciary. They include Chief Felix Fagbohungbe (SAN), Attoneys-General of Lagos and Edo states, Ade Ipaye and Osagie Obayuwana, Dr. Christopher Ilochukwu and former Chair, NBA, Ikorodu, Lagos branch, Anthony Ebeh.
    They praised Justice Mukhtar’s courage and determination to reform the judiciary, stop intervention and ensure its independence with a view to restoring public confidence in that arm of government.
    Fagbohungbe said: “Knowing the CJN, she is a judge with a difference. What I mean by that is that she is a very straight forward judge;, she is a well disciplined judge and very forthright. She is a no-nonsense woman. She doesn’t welcome interference like she has said, even when she was in the lower court.
    “I know that she is going to carry out reforms that will make the difference in the judiciary, different from what all her predecessors have been doing. She will put the judiciary on the right path. So, what she meant by that statement is that she wants the judiciary to be independent.  She wants the judiciary to function in accordance with the provisions of the Constitution.
    “The executive is a separate body, the legislature is also separate, and so is the judiciary. In other words, the judiciary should run its own affairs without seeking favour or help from other bodies like the executive or legislature. And what makes judiciary independent is the funding. The funding should not be coming from the executive.
    “Let the judiciary operates its own budget. Let the judiciary deals with its own affairs by itself, instead of having the executive to fund some of their activities, or to do things which they (judiciary) are supposed to do.
    “I believe she will not agree to that. I pray that people cooperate with her and support the reforms which she intends to carry out,” Fagbohungbe said.
    To Ipaye the CJN was not wrong in her statement although she could have been more specific. He said the usual harmful interferences are those by influential people in the society, who want to use money, power and sometimes even blackmail to determine the outcome of cases in court.
    “It could be from government or other rich people in the society. But the truth remains that we cannot have a truly functional judicial system unless there is absolute independence of the judiciary which includes non interference by any power whatsoever be it friends, family or people in authority.
    “The judiciary must be allowed to dispense it duties with all fairness and diligence in order to guide against corruption and impunity,” Ipaye said.
    Obayuwana contended that judicial interference comes from ‘godfathers,’ who occupy various positions in the society, both in and out of government. Interference, he added, could also come from politicians, who think they wield enormous influence to buy judges over and make them do their bidding.
    “It could also be from relations of judges, who may seek one favour or the other. It could also be from some rich businessmen who may have one interest or the other to protect and in other cases may as well come from within the judiciary itself.
    “The CJN’s statement is highly commendable because it is more of a signal to all judges to dispense their duties without fear or favour especially going by her own record as a woman with integrity. It stands to remind them of the secret oath they took themselves, the system and to God almighty, to uphold and dispense justice at all times,” he said.
    Ebeh argued that interference with the judiciary can come in diverse ways. It can be executive, political as well as financial.
    “Executive, in the sense that  judges from top to bottom, are appointed by the executive arm of government in a process that is not only far from clear, but also shrouded in mystery. It is common knowledge that he who pays the piper calls the tune.
    “Political, in the sense that where politicians, their cronies and interests are involved, especially in criminal cases, terrible political pressure is brought to bear on the judiciary to decide cases in particular ways.
    “Financial pressure comes by way of the other two arms of government withholding budgetary allocations to the judiciary in order to extract predetermined decisions on sensitive cases,” he said.
    They urged the CJN to be steadfast and support her talks with actions.
  • Power generation still 4,439.5mw

    Power generation

    Power generation has hit 4,439 megawatts, the government said yesterday.It also announced its plan to surpass the promised 4,500mw by December.
    The Permanent Secretary in the Ministry of Power, Mrs Dere Awosika, denied that power generation had dropped by 1,000 mw as claimed in a report yesterday.

    According to her, the current generation mark was attained on September 5. It has not reduced, she said.
    In a statement yesterday, the ministry said: “The attention of the Ministry of Power has been drawn to a report alleging that power generation has dropped by 1,000megawatts.

    “ The fact is that there is no iota of truth in the publication. At present, the peak generation has remained 4,439.5 megawatts. This peak status was gained on September 5 and since then, it has been steady.

    “We have tried as much as possible to be transparent and provide relevant and accurate data. Our door remains open.”
    According to Mrs Awosika, Minister of State for Power Darius Dickson Ishaku has assured Nigerians that the recent gains in the power generation “will not only be consolidated, but will be improved upon.”

    Chairman of the Nigerian Electricity Regulatory Commission (NERC) Dr. Sam Amadi told reporters yesterday in Abuja that there must be generation of 4,500 megawatt in the Multi-Year Tariff Order (MYTO) , as justification for a new tariff regime.
    He explained that the 4500mw projected for December was an outcome of all the worst and best scenarios that could be experienced by the Transmission Company of Nigeria, generation companies and National Integrated Power Projects..
    Amadi said in order to sound realistic, the commission pegged its benchmark at 4500mw instead of the 5000 mw projected by the Ministry of Power.

    Amadi said: “The idea here is that gas to power would have also gone far. The idea here is that if you look at it from the 4500mw in the market, we are very sure that by December 2012 we would have been able to meet that projection. The idea here is that the generation capacity influences the tariff. If suddenly we have a windfall of 9,000 megawatts, we are going to reverse the tariff because the average cost is going to be lower for every consumer.

    “So, let’s bear in mind that this is a day to day market. Before we got the projection, we got NIPP, we got TCN, we got the generation companies to give us their best and worst case scenario.
    “But we took 4500mw and from hindsight it seems we were more accurate to take 4500mw. We already had improvement of 4,300 in the last two weeks. So it is possible we have improvement for the price that is being scheduled. But we expect to do better than 4500mw.”
    He said the sector would witness a soaring power generation of 7000mw when the NIPPs would have harvested their inputs by next year.
    That year, said the chairman, all the IPPs and NIPP that are now down would have been operating at full capacity.
    Also yesterday, the Minister of State for power said Lagos is currently getting 1,124 megawatts supply of electricity which is about one quarter of the total electricity wheeled into the national grid.

    He spoke at the inauguration of the Ikeja Forum for Electricity Consumers. He said the recognition of Lagos as the country’s commercial hub necessitated the high premium being placed on the state in the supply of power.

    He said: “As at Monday, power delivery to Lagos alone is 1,124mw. This is because it is the commercial heartbeat of the nation. If I have to do anything, it has to be Lagos first, followed by Abuja and others.” The current power supply to the state is the highest in the history of the country, he added.

    He said electricity supply has been on the increase because the Alaoji power plant, being built under the National Integrated Power Project (NIPP), will be synchronized into the national grid soon as two of its units are already fired.
    Lagos State Governor Babatunda Fashola expressed concern about irregular power supply and customer complaints. He urged the Federal Government to ensure that necessary measures are taken to guarantee sustainable power supply in the country adding that it is the gateway to move from poverty to prosperity as power is critical to the success of other sectors of the economy.