The Nation Newspaper

Tag: LAW

  • Lagos criminal law not well-enforced, says study

    The Administration of Criminal Justice Law of Lagos State (ACJL) (2011) has not solved most of the problems it was designed to address, according to a study conducted by a human rights group, the Access to Justice (AJ).

    The study said six years from when the reform changes were first enacted into law in 2007, and two years after the 2011 amendments, “the creative push for reform in Lagos State and the lofty goals and the outcomes envisaged by the legislation have not been achieved till this time”.

    Notable among the causes of the law’s failure is a pervasive ignorance of its relevant provisions by security agencies, especially the police.

    The study, presented in Lagos, showed that only 29 per cent of police officers in Lagos are familiar with the ACJ Law 2011 (as amended) or have received any formal training on its provisions.

    AJ, with the support of DFID funded J4A programme, conducted the three-month research from May to July this year, to ascertain the level of awareness, compliance and enforcement of the law.

    The law was designed to regulate the hauling of crime suspects into court before investigation, reduce the excessive time it took to control investigations, ensure better oversight of “remand” detention, stop the practice of extracting confessional statements by means of torture, among others.

    But the report, read during a new conference by AJ’s Director of Programmes Mr Leonard Dibia, said much unjustified time continues to be wasted between filing of information or charge against suspects and their eventual trial.

    In the intervening period, the suspects are “typically” left to languish under grueling detention or prison conditions, the study revealed.

    Fifty-five of lawyers reported that many of the magistrates in Lagos do not comply with the oversight safeguards enshrined in the ACJ Law concerning 60 days adjournments with respect to persons detained under remand orders.

    “The failure to exercise adequate oversight over remand detentions has also negatively impacted prison demographics,” AJ said.

    It said the Kirikiri Medium Prison, with a capacity of 1,700 inmates, held 2,592, out of which 2,437 were awaiting trial inmates (remand prisoners),

    The Medium Prison, Badagry, with a capacity of 160 inmates, houses 509, out of which 204 were remanded. The Medium Prison, Ikoyi, with an 800 inmate capacity, has 1,847 people, 1,709 of whom are awaiting trial.

    Provisions of the law on taking of confessional statements have been grossly ignored by the police and un-enforced by magistrates, the study said.

    All those interviewed – police officers, inmates, lawyers – said the police do not make video recordings when obtaining statements from arrested persons, nor do they ensure that a lawyer is present first.

    Magistrates interviewed unanimously reported that the police do not usually inform them of cases of persons who are arrested and kept in custody without being offered bail.

    They are also not informed about persons who are arrested without a warrant and are detained without any charge filed in court.

    Corroborating this, 92 per cent of police officers indicated that they do not notify magistrates of cases of persons arrested, while 70 per cent of the officers said they were not aware of the requirement in the law.

    Forty per cent said there were no existing templates or forms provided in the law which can serve as a guide in fulfilling the notification requirement.

    On bail procedures, 75 per cent of lawyers and 89 per cent of prison inmates stated that the police do not release detained suspects on bail where it is impracticable to bring them to court within 24 hours.

    The report said nine percent of police men still maintain the practice of not accepting women as sureties when granting police bail.

    On non-custodial sentencing, 82 per cent of magistrates said they employ it for the most minor offences – such as phone theft or traffic offences – while 18 per cent said due to the challenges of enforcement of community service orders, they would rather impose fines.

    AJ said: “Have the reforms introduced by Lagos State changed the landscape of criminal justice administration? The answer at this time is no: they have not.

    “The basic inference, from this research, is that law enforcement institutions in Lagos State have fallen short in implementing the reforms introduced by the ACJ Law.”

    “This will need to change for the reforms to stand a chance of achieving its goals or producing some impact in the state.”

     

  • Monarch seeks nullification of land revocation

    The traditional ruler of Mopo Ijebu in Ibeju Lekki Local Government Area of Lagos State Chief Lamoriu Isiaka has urged a Lagos State High Court to nullify a purported revocation of his ancestral land measuring 48.032 hectares.

    He said the revocation of the certificate of occupancy was contained in Gazette No:20-26 dated May 13, 1993.

    He sought an order of perpetual injunction restraining the defendants from encroaching on the land.

    The monarch, who sued with Mr. Maliki Balogun, for themselves and on behalf of the his community, joined the Lagos Attorney-General, New Town Development Authority (NTDA) and a property firm, Ajayi Apata Property and Investment Co. Limited as defendants.

    The claimants sought an order of court granting them all parts of land and stopping the defendants from interfering with their holding, using and enjoyment of it.

    They asked the court to award them N100 million against the defendants.

    The claimants stated that sometime in October, last year, agents of the first and second defendants, stormed the land in dispute with at least 50 mobile policemen and the Lagos State Task Force on environment.

    The task force, the claimants said, claimed that the Isamaila Isiaka family land measuring 118.687B acres as drawn by a licensed surveyor A. O. Oyenuga, been acquired by the government.

    The claimants stated that agents of the second defendant then distributed a stop work order notice dated February 5, 2013 purportedly from its General Manager, claiming that the land in question belonged to one Ajayi Apata Property and Investment Co. Limited, a commercial private property development company.

    They also accused NTDA of destroying houses without a court order, and that it led over 50 policemen to the land even when the matter was sub-judice.

    The claimants claimed that apart from non issuance of notice of revocation to them or the Mopo Ijebu community, they were not told by the defendants why the revocation was done.

    The community claimed they have not been compensated over the land, and that the publication of the gazette on the revocation did not adhere to the procedure laid down by law.

    Meanwhile, the third defendant, Ajayi Apata Property, in a motion on notice, sought the court’s order of perpetual injunction restraining the claimants, either by themselves or their agents, from further construction of shanties, fence or any other structure on the land.

    It prayed the court to restrain the claimants from further committing any act of trespass whatsoever on its property known as Ajayi Apata Estate, Sangotedo lying at Lekki Peninsula.

    It said the property is covered by a certificate of occupancy registered as No.8 at page 8 in Volume 1999 at the lands registry office, Ikeja.

    The restraining order should subsist until the substantive suit is determined, the firm said.

    The first and second defendants are yet to file their responses to the action.

     

  • Using law to build society

    Using law to build society

    A society without laws is bound to collapse. To prevent this from happening, lawyer argue that there must be a set of laws to regulate affairs among members of the society. They spoke at the 20th anniversary of a law firm, Kenna and Partners in Lagos.

    The people must evolve ways of letting legislators know, they arged their needs and desires in order to enhance quality of life.

    The lawyers said there was need for a policy to train prepare legislators for the task of law making.

    At the event were first female Senior Advocate of Nigeria (SAN), Chief Folake Solanke; Chief Judge of Lagos State Justice Ayotunde Philips, the former Lagos State Attorney-Generals, Wonu Folami and Supo Shasore; Chairman, MTN Nigeria, Pascal Dozie; Vice-Chancellor, Pan-Atlantic University, Prof. Juan Elegido; Professor of law, Akin Ibidapo-Obe and founder, LEAP Africa, Mrs. Ndidi Nwuneli.

    Others include, former Federal Director of Public Prosecution, Michael Ajagwo (SAN); Principal partner, Kenna, Dr. Fabian Ajagwo (SAN); Chief Nike Akande; Chief and Mrs. Awomolo (SAN); Mrs. Doyin Rhodes-Vivour; Chidi Deogu of the National Communication Commission (NCE); Dr. Christopher Kolade and Uwa Etigwe (SAN).

    In her keynote address titled: “Law as an instrument of social engineering”, Mrs. Solanke pointed out the shortfalls of the Constitution, which make the social engineering function of the law inefficient.

    She said the non-justiciability of Chapter two is a curse on the Constitution because it renders nugatory the provisions which relate to the law as an instrument of social engineering.

    Mrs. Solanke recommended that Section 6(6)(C) of the Constitution be repealed, urging lawyers and judges to rely on Chapter four for the enforcement of Chapter two.

    “The repugnancy test attached to Customary laws should be resolved in each case by interpreting Chapters two and four of the Constitution.

    “The mass media, the Nigerian Bar Association (NBA) and other credible organisations should keep track of, and regularly publish, the list of scams which have been surreptitiously swept under the carpet, and demand government action thereon.

    “The police force must desist from dispersing peaceful assemblies in obedience to the Constitution and Section 30 on immunity should be removed so that the people can hold a criminal offender in contempt and accountable,” she said.

    Mrs. Solanke also advocated the independence of the judiciary and adequate funding to ease judges.

    The constitution, she said, must be amended to allow for a unicameral legislature a drastic reduction in the cost of governance.

    Dozie said lawyers should ensure that social justice brings good to the society.

    Citing the approval of gay marriages in some western countries, Ibidapo-Obe noted that the law can also be an instrument of dysfunction.

    He said the pro-gay marriage laws had sanctioned an immoral act, adding that any law that contradicts natural law is bound to create friction in the society.

    Mrs. Nwuneli noted that the social engineering function of law was lagging because trust has been broken in the society.

    “No one looks out for the citizens, so, everyone walks around looking out for themselves. Who will restore public trust in the law? Who defend the defenceless?

    “There is need to revive issues around the Office of the Public Defender (OPD) and strengthen it so that the case of the defenceless will be heard.

    “We also need strong institutions. The police at the moment is one of the weakest institutions we have in Nigeria, that is why things are not working.

    “We need social change, the gap between the rich and the poor keeps widening by the day and yet we talk about social justice,” said Nwuneli.

    Shasore said there was a quest for a good design, material and method for things to work in the country.

    The design being the constitution, Shasore said is plagued by inequity and inequality. He decried the lack of articulated justice agenda or judicial policy throughout the constitutional amendments carried out in the country.

    “We need judges with lot more courage. We need to have community spirit borne out of public interest litigation. We need to reform the law,” he said.

    Shasore criticised the manner judges were appointed and the appointment of retired judges to head the Law Reforms Commission.

    “We need constant reforms; our criminal code is over 90 years and still in force,” he said.

     

  • ABCON seeks compliance with money laundering law

    The Association of Bureaux De Change Operators of Nigeria (ABCON) has said bureau de change (BDC) operators should comply with the anti-money laundering policy being implemented by the Central Bank of Nigeria (CBN).

    Recently, the CBN announced some measures to check money laundering tendencies observed in the foreign exchange market. These include the ban on importation of foreign currencies, and suspension of 20 BDCs for not rendering returns and non-compliance with anti-money laundering regulations.

    ABCON Acting President, Aminu Gwadabe, said the measures of the CBN were in line with the group’s position on compliance with regulatory requirements.

    “When it comes to the issue of non-compliance with regulatory requirements, especially rendering returns as well as compliance with approved limits for foreign exchange transactions, the association has a zero-tolerance position.

    “We have made it known to our members that we would not hesitate to impose sanctions or report to the CBN, any member found guilty of not complying with these requirements. So we are fully in support of the actions of the CBN,” he said.

    He said such action is necessary to ensure sanity in the foreign exchange market, and most importantly the stability of the naira, which is critical to our economy.

  • Restoring the rule of law in Rivers

    It would sound like a broken record to repeat that the disturbing events in Rivers State, like that of the old Western Region in late 1960s, have the capacity to conflagrate Nigeria. The other day five legislators sat under the watch of the police and purported to remove the speaker of the Rivers State House of Assembly. Analysts had projected that had they been successful, they would have reconvened to also purport to remove the State Governor, Mr Rotimi Amaechi.

    However, under the Constitution of the Federal Republic of Nigeria 1999, the five legislators could neither remove the speaker nor the governor. But in a society where the Rule of Law has been sent on vacation, oddities happen. Where the Rule of Law is not in place, might becomes right and minority rules. It takes society back to the State of Nature, characterised by, what Thomas Hobbes (1588-1679), called “a war of every man against every man”.

    Even during the Dark Ages, societies observed some measure of the Rule of Law, as draconian and as ad hominem as the laws were. Emperor Constantine (274-337 AD) applied debate and edicts to quell the flame of the Arian dogmatic dispute ignited in Christian Egypt but which threatened the Christian world. Sensing a larger threat, Constantine convened an Ecumenical Council in Nicaea in Bithynia (now Iznik in Turkey). Small flames, when sensitive, have a way of having its embers fanned into an uncontrollable inferno. Had Constantine not acted timeously, the first world war could have come ahead in the first century, who knows?

    The World War I shows that global armed belligerence could result from the minutest dispute when tempers are high. Although deeply rooted in the European history of the 19th Century, particularly in the political and economic policies that prevailed in Europe after 1871, when Germany emerged Europeanpower, the immediate cause of the war was the assassination of Archduke Francis Ferdinand, the Austria-Hungarian heir, by a Serbian nationalist. Soon, Europe’s Allied and Central Powers were clashing. Japan joined the Allied Powers and Ottoman Empire joined the Central Powers. Italy and the United States joined the Allies and world peace ceased for half a decade.

    Last week, major headlines had it that Policemen used vans to block Governor Rotimi Amaechi and his guests, (about 102 of them, mainly former speakers) from entering his official residence. I had initially thought that the ‘Rivers side’ of the Abuja-Rivers ‘war’ was up to some propaganda. Then, in the video there was the governor standing before the barricade. Then two former speakers of Plateau and Lagos States spoke, expressing shock at the action of the police.

    Reports later claimed that when Governor Amaechi demanded to enter his residence, the policemen made a lengthy phone call after which they said they had order that nobody, including the governor, should be allowed to pass! They reportedly added that they “don’t take orders from bloody civilians”. I never knew that policemen are now also ‘soldiers’. Section 215(4) of the Constitution allows the Governor to give “lawful directions” to the Commissioner of Police, who may request a reference to the president for “his directions”. Governor Amaechi’s direction to allow him passage to his official residence was lawful under Section 215(4). Who countermanded it over the phone? The Commissioner of Police? The Inspector-General? The President? These are issues for another day.

    I have not taken sides with the ‘Rivers’ flank of the Abuja-Rivers ‘war’. I am not a politician and I live in Lagos and not Port Harcourt or Abuja, although both cities regularly play host to me. Even the explanation by the Peoples Democratic Party (PDP) that the blocking of the governor was to forestall entrance by ‘authorised persons’ into the “new PDP” office in Port Harcourt, is weak. I think the legality of a “new PDP” office anywhere is a matter for the courts. Using police power may spell anarchy. So, the action of the police is still deplorable, provocative and smacks of display of naked power. It is an abuse of power through a misuse of Section 215 of the Constitution.

    Even a trainee prosecutor can sustain a charge of treason against the officers and men that perpetrated this ignominy. An armed barricade against the president or a governor from entering his office or official residence is an act of war. There is no easier way to meet the definition of acts that “intimidate or overawe” the incumbent of those offices. The ‘bloody’ policemen in Port Harcourt simply intimidated and overawed the governor.

    If only the feuding parties in Rivers State can show mutual respect for each other’s interests and observe the Rule of Law, the unnecessary tension would calm down. Let me start with the Rule of Law, believed to be the bedrock of constitutionalism.Thomas Fuller (1608 – 1661) posited more than 300 years ago thus, “be you ever so high, the law is above you”. In GOURIET V UNION OF POST OFFICE WORKERS (1977) 2 WLR 310 @ 331, Lord Denning cited Fuller with approval. Nigeria has a constitution and laws, which parties to the Rivers conflict swore to uphold.

    Allowing the Constitution and statutes to be sacred guide in the midst of confusion and conflict of interests is the essence of Rule of Law. Conflicts and disagreement are normal in politics, but let Law be the arbiter. The Rule of Law compelled British PM David Cameron to seek Parliamentary support for the proposed US-led military action against Syria. The Rule of Law also compelled him to abide the unfavourable ‘nay’ vote. Rule of Law checks arbitrariness and caprice. Conversely, arbitrariness, dictatorship, abuse, conflicts and war, thrive where there is no Rule of Law.

    Neglect of the Rule of Law can sound the death knell on Nigeria. It is the oxygen that keeps the modern society going. Indeed the Rule of Law is the final arbiter of disputes in Nigeria. The Supreme Court merely makes a final declaration of its principles. If not for the Rule of Law, Governor Amaechi might not have been governor in his first term, after the then President Olusegun Obasanjo publicly spotted a “k-leg” in his nomination at the Liberation Stadium.

    But for the Rule of Law, those bent on the Rule of Cabal against the emergence of President Goodluck Jonathan as Acting President when President Umaru Yar’Adua became mortally ill, would have succeeded. If not for the Rule of Law those relying on some sectional agreement would have barred President Jonathan from contesting the presidency in 2011.

    But for the Rule of Law, those opposed to the Jonathan presidency would have met at night at the Transcorp Hilton and ‘impeached’ him without due process. But for the Rule of Law, members of the “new PDP” could have been rounded up by now and detained without trial. Simply put, Nigeria is preserved by the Rule of Law. If not that my jealous God detests polytheism, I would have erected an altar for worship of the ‘Rule of Law’ as another god.

    It has been alleged that the Rivers feud is fueled by permutations for the 2015 presidential election. President Jonathan is said to be eyeing re-election, while Governor Amaechi eyes vice-presidency with a Northern president. Apart from “body language” none of the two men has validated these claims. Yet, these ambitions do not suffice to destroy Nigeria.

    President Jonathan has right to bid for re-election in 2015. It is a legitimate ambition. I declare my support for him, especially when I am not a party to the alleged agreement said to limit him to one term. But Mr. President has to clinch his party’s nomination through a legitimate exercise devoid of intimidation and victimization. The Rule of Law should prevail.

    Governor Amaechi also has the right to aspire to be vice-president under PDP, “new PDP”, APC, VOP or PDM. So why would Abuja destabilise Rivers State for that? Can only Amaechi stop Jonathan’s re-election? Some say Rivers State is sensitive because it is Mr President’s neighbouring state. Really? How many Southwest states voted President Obasanjo in 1999?

    But then, is it not for Rivers people to decide in 2015 whether they want a President Jonathan or a Vice President Amaechi? Each aspirant should prepare to make his strong case. So, why ruin Rivers State for that? Why break a someone’s skull for that? Why bring the corporate existence of Nigeria under threat over a simple decision that should be left to the electorate?

    Both President Jonathan and Governor Amaechi have been beneficiaries of excessive divine favour in politics. By now both should have realised that their fate in 2015 is in God’s hands and not in the hands of thugs, whether ‘bloody’ policemen, ex or serving militants or political jobbers! Therefore, let the Rule of Law prevail in Rivers State.

     

     

  • Kidnapping: A lethal trade booms

    Kidnapping: A lethal trade booms

    He is just two years old. He was being taken to school that fateful morning of January 21 when suddenly, four hooded men abducted him after firing several gunshots.

    That began little Emmanuel Alonge’s journey to the kidnappers’ den. He was released after a N5 million ransom was allegedly paid to his abductors in Lagos.

    His kidnappers initially demanded N150 million, but when the tot’s parents could not afford it, the ransom was negotiated down to N5 million.

    Upon his release, the little boy was dumped at a Bus Stop by 3am for his parents to pick him up.

    Although the kid may not have understood he was kidnapped or in danger, being in the midst of strangers for six days must have been horrifying.

    The todler’s abductors struck in the morning on his street.

    Activist-lawyer Chief Mike Ozekhome (SAN) was kidnapped about 3pm on the Benin-Auchi Expressway in Edo State, while he was going to his village. It was not late at night or during the wee hours.

    He was also not profiled. The hoodlums operated randomly and swooped on him, just like they did five other people across the state that same day. Like Alonge, Ozekhome’s abductors demanded N150 million initially. As his family was still negotiating his freedom, his son, Ilugbekhai and head of chamber, Dominick Ezerioha were also abducted by the same gang.

    Having spent three weeks in the dungeon, Ozekhome and his wards were released after about N15 million was allegedly parted with.

    Similarly, wife of a Supreme Court Justice Mrs. Adedoyin Rhodes-Vivour, a lawyer, was abducted along with her daughter and driver in Edo State. They were kidnapped barely a few months after her son was whisked away by kidnappers in Laagos. He was released after an alleged N25 million ransom was paid to his abductors.

    They were held for more than 10 days before they regained their freedom.

     

    High profile kidnap cases

    recorded

    Among the recorded cases of kidnapped victims are a Benin traditional ruler, Patrick Igbinidu, who was abducted on September 11 at his palace at Udo in Edo State; Anglican Bishop, Rev. Ignatius Kattey; Benin-based activist, Athanatius Ugbome, kidnapped on August 23 in Edo State; father of Nigerian footballer, John Obi Mikel and mother of the Finance Minister, Dr Ngozi Okonjo-Iweala in Delta.

    Also kidnapped were wife of former Edo State Attorney-General, Dr. Osagie Obayuwana, Florence; Chairman of Ejigbo Local Council Development Area, Lagos State, Kehinde Bamigbetan; elder statesman Shettima Monguno in Maiduguri and elder brother of Super Eagles Defender Joseph Yobo, Nornu.

    Others include footballer Christian Obodo; the Chief Medical Director of the Federal Psychiatric Hospital, Benin, Olabisi Ihenyen, and her husband, Lionel; as well as Nollywood artistes, Pete Edochie, Nkem Owoh, Nkiru Sylvanus and John Okafor. The list is endless.

     

    How it started

    From the abduction of oil workers by Niger Delta militants in the early 2000s to draw attention to the region’s marginalisation and under development, kidnapping became a tactic used by politicians against their perceived enemies.

    Although it is a natural law that whatever goes up must come down, the reverse has been the case with kidnapping across the country as the last decade has witnessed the menace blossoming into a full scale and organised business.

    In 2007, Nigeria was ranked third behind Columbia and Mexico as kidnappers’ haven.

    Kidnapping, no doubt, affects the tourism potential as well as foreign investment of countries. Recently, some multi-nationals that were operating in the country moved out to neighbouring nations as a result of the menace, which in turn, worsens unemployment.

    The targets have geometrically progressed from certain profiled individuals who were either sent warning notices or fingered by their relations to just anyone including grandparents and toddlers.

    As a result of the thriving nature of the business, kidnappers now ply the streets and major roads in search of victims, a situation which has generated grave security concerns.

    There have been instances where market women, hawkers, pedestrians and even people sitting in the comfort of their homes have been whisked away by armed men. While some regained their freedom after money exchanged hands, some are yet to be seen by their families, and others were killed in the process.

    In most cases, kidnap victims are usually locked up with little or no attention paid to their physical needs or hygiene. It has also been found out that treatments meted out to victims vary. Sometimes kidnappers are harsh and hostile to their victims while at other times they are courteous and unusually kind. Sadly, many victims have to cope with post-kidnap trauma even years after being released.

     

    Why kidnapping thrives

    From the testimonies of many kidnap victims, it could be said that the motives behind kidnapping include poverty, high rate of unemployment, ‘get-rich-quick’ syndrome, porous and inadequate security or intelligence gathering, greed and erosion of value system.

    According to a lawyer, Joseph Nwobike (SAN), kidnapping thrives because of the ease with which ransom is negotiated and paid, not because of principles or agitations.

    Observers are of the view that the upsurge in kidnapping cannot be divorced from the inadequacies of the policing system.

    It is believed that low level of security and lack of modern tools to contain crime have made arrest of kidnappers difficult.

    Moreover, that only few of those arrested have been prosecuted and punished, seem to have made matters worse.

    Also pointed out is the issue of connivance by security operatives, who observers believe give out names of ‘influential individuals’ or their families to kidnappers, at the end of which they share the proceeds with the hoodlums.

     

    A losing battle?

    Several measures have been put in place to combat kidnapping, but it has only blossomed. The anti-kidnapping laws have been amended by both the National Assembly and many states, some even making it a capital offence.

    In Abia, Akwa Ibom, Anambra, Bayelsa, among others, kidnapping attracts death sentence upon conviction. Some other states have a sentence of 14 to 21 years in prison for conspiracy to kidnap.

    Moreover, various task-forces have been set up with most state governments especially in the Niger Delta, providing tracking devices to security agencies to enhance their performance.

    Unfortunately, most of these efforts, including the training of security agents and additional funding by state governments have yielded little or no result.

    Observers have questioned the workability of the death sentence as a solution to kidnapping, bearing in mind that since the enactment of the Firearms and Armed Robbery Act, which prescribes death penalty for kidnapping and other offences, the crimes have increased.

    Ozekhome’s revelation after his release on Thursday on why security agencies are unable to track kidnappers is a pointer that the perpetrators are on top of their game.

    He had disclosed that the hoodlums cannot be tracked because they do not make contacts with relatives of their victims in the states they are held.

    According to him, in most cases, the kidnappers go as far as five states from the camp where their hostages are held.

    The lawyer, like several other victims, acknowledged that these hoodlums speak impeccable English and are very intelligent youths, who claim to have taken up arms against the state as a result of unemployment and poverty.

    While narrating his ordeal to reporters in Lagos after spending three weeks in kidnapper’s den, Ozekhome disclosed that the kidnappers had cells and units across the country and operated with very sophisticated weapons.

    To him, the Federal Government should grant amnesty to kidnappers as a matter of urgency; amend the constitution to enthrone state policing; make policies that will ensure better welfare for Nigerians and create jobs for the populace.

    He advised the government to immediately declare a State of Emergency in education and capacity building, security, youth unemployment and infrastructure; as well as organise a national dialogue to quell the menace.

     

    Is amnesty the way out?

    Analysts are of the view that there is no justification for amnesty to be granted kidnappers.

    Lawyers believe that kidnappers are criminals and should be treated as such. Offering amnesty to them amounts to holding the state captive, they said.

    They argue that kidnappers, no matter how they try to justify their reasons for criminality, are fighting no cause and should not enjoy the privileges granted ex-militants.

    To them, amnesty can never be the solution, just as they advised the government to concentrate efforts on providing good governance and dividends of democracy.

    They said that Ozekhome might have still been overwhelmed and in trauma having gone through a terrible experience to make such recommendation.

     

    Lawyers speak

    Former Nigerian Bar Association, NBA Presidents, Chief Wole Olanipekun(SAN), and Oliseh Agbakoba (SAN); Professor of law, Itse Sagay (SAN); Chair, NBA-Section on Legal Practice (SBL) Mrs. Funke Adekoya (SAN); constitutional lawyer, Dr. Fred Agbaje and Lagos lawyer Ikechukwu Ikeji spoke on the issue.

    To Olanipekun, kidnapping has assumed a consuming dimension in which no one is spared- whether rich or poor, middle class or upper class people.

    He faulted the constitutional provisions that allow only one police force, describing same as a deceit. He also blamed unemployment for the spate of kidnapping.

    He said Nigeria’s configuration promotes crimes of different categories.

    “We do not want to be honest and reasonable enough to admit that our Constitution itself is a primary cause of crimes in the land.

    “It is a Constitution which by Section 214 (1) imperially asserts that there shall be only one Nigeria Police Force in the country. This is negatively peculiar to Nigeria. It is a constitutional aberration.

    “We are deceiving ourselves by assuming that the Nigeria Police can effectively cope with and checkmate the wave of crimes in Nigeria.

    “State governments and even cities that can afford it should be allowed to have their own police formations…Nigeria is too big for this constitutional deceit.”

    He called on governments at various levels to checkmate and substantially reduce the increasing rate of unemployment in Nigeria, which he noted had not made any serious issue by the three tiers of government in Nigeria.

    “Our over-bloated anti-corruption agencies do not have the courage and teeth to ask questions about the sources of wealth of the new arrivals into the super rich clubs.

    “We must re-enact a true Constitution that would reflect good ideas and ideals, not in the way and manner the National Assembly is going about its periodical constitutional review exercises, but in a practical and realistic manner that would take care of all sundry issues and also make the provisions of Fundamental Objectives and Directive Principles of State policy in the present Constitution justiciable,” Olanipekun said.

    Sagay objected to amnesty for kidnappers. He insisted that unlike the Niger Delta militants who had a cause, kidnappers are mere criminals and should be treated as such.

    He said: “They are sheer criminals who have no value for the society and have no cause for what they are doing.

    “They are looking for easy ways to make quick money not minding the misery they inflict on innocent people.

    “So, they are just terrible criminals and certainly do not deserve any amnesty. What will be the basis for the amnesty?

    “I think Mike (Ozekhome) was just overwhelmed by what he has just been through. After he has spent some time at home and has recovered, I think he will withdraw that recommendation.

    “Why should criminals be rewarded? Then everybody will take to crime. I certainly do not support that.

    “To solve this problem, there have to be adequate security. Mike suggested it. As things stand now, we, ordinary Nigerians can no longer go about our businesses.

    “Only the politicians who are the course of the problem can move around because they are guarded by well armed Mobile Policemen.

    “So, we must have a different orientation towards governance, in which the masses are catered for; employment policy for youths and better managed economy.”

    Agbakoba said the solution is not and cannot be amnesty, just as he called on politicians to be honest and sincere towards national course. He noted that massive unemployment was behing the misery, as youths have been forced to look for easy way out of poverty.

    He said all those stealing the common wealth of the nation must be stopped and good governance enthroned in order to secure employment for over 40 million jobless youths in the country.

    Adekoya said the solution is the provision of enabling environment for self employment, just as she noted that there must be conscientious investigation and prosecution of kidnappers.

    She said: “I do not agree that granting amnesty or extending the amnesty programme to kidnappers will solve the problem of kidnapping in the country. At best it is a ‘quick fix’ solution that does not address the underlying problems which have given rise to this malaise.

    “An amnesty programme means that rather than have the ransomed pay as and when victims are taken, the government will pay the kidnappers under some guise or the other on a monthly basis. The kidnappers have then held the government to ransom!

    “Like any other crime, kidnapping is on the increase because it goes unpunished and is seen as a means to quick wealth. The National Orientation Agency has job to do in focusing the minds of Nigerians that ‘getting rich quick’ should not be an acceptable method of behaviour.

    “Some 20 to 30 years ago, unexplained wealth, corruption and criminal records was a source of shame in the family, but that is all gone now. The nation worships wealth, no matter how it is acquired, as we do not interrogate the nouveau riche as to the source of their wealth, rather we honour them with awards and chieftaincy titles.

    “The solution to kidnapping is firstly economic empowerment of the citizens by providing the proper enabling environment for prosperous self employment; secondly conscientious investigation and prosecution of kidnappers to remove the sense of impunity with which they currently operate, and finally putting action into the zero-tolerance stand of the government as regards corruption, to show that getting rich quick is not a viable option.

    “The funds for any amnesty programme should be committed to these three aspects of a holistic solution to kidnapping.”

    Agbaje held that only tackling corruption and providing good welfare aggressively, can solve the problem of kidnapping.

    “I say no to amnesty to kidnappers. Otherwise, when will this so-called amnesty to hardened criminals stop? Has amnesty totally worked even in the Niger Delta?

    “The menace of kidnapping and other banditry can only be tackled if and only if the problem of welfare, particularly youth unemployment is aggressively addressed and corruption by our political leaders frontally tackled.

    “Our political leaders are too self centred to give a hoot about the suffering masses and our security agents lacks the required professional zeal and d wherewithal to match the enffontery of the hoodlums.

    “Also, if the police are provided with the required wherewithdals, will corruption and connivance with the criminals not blur police operational vision?” Agbaje queried.

    Ikeji said the proliferation of small arms and ammunition, which are smuggled into Nigeria under the watchful eyes of security agencies should be checked.

    He said as long as the present socio-economic imbalance continued, it will amount to wishful thinking to expect an end to the present spate of kidnappings.

    “No matter the level of policing you put in place against kidnapping, whether a task force or specialized unit, it is bound to fail because the kidnappers will always develop strategies to remain a step ahead of the law enforcement agencies.

    “If Nigeria can achieve the minimal level of income disparity especially as regards opportunities available to all without discrimination, there will be a natural reduction in crime rate and, by extension, kidnapping.

    “Amnesty is also not a solution because that could lead it to becoming an all-comers affair where everybody rushes into kidnapping knowing that amnesty awaits them at the end of the day.

    “The solution lies with our leaders giving us good governance. There is no alternative to good governance and a corruption-free Nigeria, which can only be given to us by good leadership in consistent terms,” Ikeji said.

     

  • Subsidising our inefficient bureaucracy

    Two experiences in the past week reminded me how public

    service in our country is rigged against the ordinary Nigerians.

    As things are, the little the poor has is forcefully appropriated to subsidise our duplicitous agencies of governments. The first of the two reminders was when I went to renew my driver’s licence, as ordered by the Federal Road Safety Commission (FRSC). The chaos at the commission’s office was typical of a market scene, with several frustrated applicants desperately seeking to bribe any willing official to bypass the agonising process to get the new driver’s licence. With only one machine to capture the deluge of applicants, the officials were also in a quandary.

    Nigerians will remember that several months ago, the Corps Marshal, Osita Chidoka, bamboozled the National Assembly to allow the commission, become a huge revenue earner for the government. Of course back then, he garnished his arguments with the need to develop a biometric data bank of drivers, as a major cure for the security challenges posed by kidnappers and the Boko Haram sect. Faking patriotism, the Presidency and the legislature bought the dummy that the commission has wrought the magic wand to end the incidence of suicide bombers.

    Now ordinary Nigerians are paying a huge price for the young man’s brain wave, devoid of a thorough appraisal of the technical requirements for such an exercise. With just one machine to capture the biometric data of thousands, if not millions of the drivers thronging the Bariga office of the commission, in Lagos, I witnessed our country’s disgraceful waste of man-hour, and the creation of a disgusting brisk business for the unscrupulous staff of the commission. I spoke to applicants who had visited the commission many times, without gaining the chance of getting captured by the biometric data machine. Many others were given dates in second quarter of 2014 for an opportunity to be captured, among other bureaucratic idiocies.

    Of course the real beneficiaries of the unlawful business angle to this national shame are pretentiously putting up a brave face that they have done the country a favour. To show that the protagonists of this project are not different from extortionists and brigands, they failed to consider the contractual obligation the commission owe those whose licence will not expire by the due date of the forceful termination of the existing license. As in other unlawful enterprises of those who foist themselves on us as government agencies, they will likely resort to the use of intimidation or brute force at the end of the unlawfully imposed transition to the new drivers licence. From experience they know that Nigerians are either too ignorant or timid to subject such a breach of their rights and due process to a text in the court.

    Another experience was the first hand experience of my generator repairer. Of course the 3.5 kva gasoline generator, that he came to service after three days of uninterrupted lack of electricity supply (even when the month’s estimated bill was sitting pretty on my table), was my fifth since the advent of our democracy in 1999. But while, no doubt, the denial of electricity after billions of naira have been stolen from the national treasury and the suffering consumers in the unending quest for improvement, is an official cruelty against the ordinary Nigerians, the repairer’s experience and the price I paid has nothing to do with this bureaucratically obfuscated scarce national resource.

    Rather, the poor fellow in the course of his work needed to purchase some items for the repairs. So, he quickly dashed out, promising to be back in a jiffy. That trip turned a grueling three-hour wait for me, without my knowing that he was caught, running between his house and the police station negotiating with the police on the appropriate price to bail one of his neighbours, who according to him, was arrested for fighting. Since he was working for me for the first time, I did not have his telephone number, and was worried as to his motive for abandoning the generator, after he had dismantled same.

    When he later turned up looking drained of energy and with a story of how he was rallying to raise N5000 to bail his neighbour, after hours of pleading and haggling on the appropriate pricing for his neighbour’s freedom, I couldn’t do more than extend my sympathy. He lectured me that since his neighbour was arrested on a weekend, a failure to raise the required ransom to get him out on bail the same Saturday would have resulted in his neighbour being detained till Monday. While he continued his task, I was comparing his neighbour’s experience with that of the privileged Nigerian big men who in the past week have been receiving deluge of sympathies, over the withdrawal of their so called security details.

    I recall that the same last week, as an extension of the civil war in the Peoples Democratic Party (PDP), the security details of a number of the desperados angling to oust President Jonathan from his plume position or negotiate a deal had their police details withdrawn. So while the ordinary Nigerian is a game and is extorted to subsidise the poorly remunerated police, the rich are provided with special security, at the expense of the state. Again, while public commentators are bawling over whether it is right for the police to withdraw those security details, very few spare a thought for the greater injustice that the ordinary Nigerians suffer, as a result of the unlawful appropriation of the nation’s police by the privileged few in the country. Of course with the political elite gaining several unearned privileges, how can our bureaucracy be primed for efficiency?

     

  • Suntai: Not always about the law

    Suntai: Not always about the law

    Nearly 10 days after, I have sought in vain to locate the lacuna in the 1999 Constitution as amended on which those behind the contrived crisis in Jalingo can sufficiently stake their case. Not only does the issue seem so cut and dried that required no invocation of the doctrine of necessity; that we are at this point is partly explained by our boundless tolerance of political delinquency and the ingrained culture of impunity that has metastasised beyond measure.

    Now, I have heard some people describe the arrival of Governor Danbaba Suntai first in Abuja and later in Jalingo last week as a public relations disaster. I consider that an understatement. Clearly, those who though very little of dragging the man through the motions of that ‘feigned consciousness’ have helped in no small measure to confirm our fears of how serious the incapacitation of Taraba’s chief of state is. Vegetative state may appear too strong to describe the man as we saw him on TV being brought down from the aircraft; nothing of his appearance – including his laboured address on TV (which could have been staged anyway) – presented him as anything near the fit-as-the fiddle individual that his hordes of supporters claim he is.

    So, the man is back? No one argues that the individual brought down from the aircraft on August 25 is Danbaba Suntai. However, it must be disappointing for the throng gathered to welcome their governor, both at the Nnamdi Azikiwe International Airport Abuja, and at Jalingo Airport, that the man who alighted from the aircraft looked pathetic, worn and lost after 10 months of medical sojourn in German and United States hospitals. Contrary to the high drama of his return, he certainly didn’t cut the picture of someone eager to return to his desks in months!

    It is therefore understandable that those who scripted his return would seek a dramatic way to prove that their man is alive and well. Never mind that their principal could only take a fraction of three minutes of broadcast time to thank the people of the state for their prayers, support and understanding; he apparently had just enough reservoir of energy left subsequent to transmit a letter to the state legislature intimating them of his return to his duty post after 10 months of absence! And all of these barely 24 hours after his return!

    But that is not anything near the Thursday’s overdrive – the order purportedly issued under the name of the governor dissolving the state executive council, an exercise that also swept away the Secretary to the State Government and the Chief of Staff both of whom were summarily replaced with new hands.

    Was the apparently shell-shocked lawmakers right to have insisted on having the governor address them at plenary as pre-condition for returning to his desk? Or even the more dramatic step of countermanding all the steps taken by the governor, and reaffirming Alhaji Garba Umar as the acting Governor only on the strength of their doubts which from all appearance looks well founded?

    The answer to the first question is that the constitution is unambiguous about its provision on a returnee governor: a letter transmitted to the legislature is what is provided for. Much as the House would seek public understanding for what it considers a well-intentioned move, their doubts about the fitness of the governor to continue in office would certainly not be resolved by any steps taken outside of the law. The exception is if the House can prove that the letter was a forgery – an impossible task.

    The other step of reversing the steps taken by the governor is not only ridiculous but an invitation to anarchy. While the governor remains in town, how does the House back up its resolve to keep the acting governor in charge? And what happens in case of contradictory orders from the executive branch?

    What the Taraba farce does, just like the Umaru Yar’Adua tragedy, is present the nation with a Hobson choice, neither of which is desirable. No matter how one looks at it, the idea of a cabal –acting in proxy and purporting to be at the behest of the legitimate authority whose decision-making power appears impaired – is obviously beyond the contemplation of the constitution. But then, there is also the danger of indecent haste by constitutional do-gooders to assume the powers they clearly lack under an assumed exigency particularly when such steps end up subverting the same institutions they are supposed to make work.

    I did not think that we had a grave constitutional problem in 2010 anymore than the actors in the Taraba drama can today claim difficulties in interpreting the relevant provisions. What we had was human problem – what I often describe as the delinquent antics of the operators of our laws. In 2010, it took the invocation of a superfluous doctrine of necessity to transfer executive powers from the terminally-ill President Yar’Adua to President Goodluck Jonathan when the Federal Executive Council could have acted promptly to stave off the looming constitutional crisis. The same failures are playing out in Taraba today.

    The summary of course is that the option available to the Taraba House is rather limited in the circumstance. To be sure, that option does not include power to reject the letter from the governor informing the house of his return to office. The power to determine the governor’s state of health resides with the executive council of the state. That power is exercised under Section 190 of the Constitution as amended. Surely, the House could have done better by working with the executive council, or, if it so chooses, proceed with impeachment.

    That leads me to the final point – the decline in the standards of public conduct and morality. I think that we have invested too much energy in the laws without commensurate attention to values in public conduct. It seems to me that the only enduring lesson from the Yar’Adua and Suntai saga is how those serving in executive positions are unrepentantly beholden to their principals as against their sworn public duty. A good way to start with their re-orientation is to remind them of the oaths they swore at inception of office. At the moment, it does not seem that many appreciate the weight of those sworn declarations. Time to bring them to their attention.

     

  • ICPC introduces Law Report to aid trial

    ICPC introduces Law Report to aid trial

    UNTIL recently, sourcing local authorities for corruption-related cases was difficult. Lawyers and judges were compelled to rely on decisions of foreign jurisdictions in prosecuting corruption case.

    The situation was so discouraging that a former Chairman of the Independent Corrupt Practices and other related offences Commission (ICPC) reportedly attributed the paucity of local authorities to the fact that corruption cases were hardly concluded in the nation’s courts.

    Equally, the pioneer Chairman of the ICPC, Justice Mustapha Akanbi (retired) was quoted as observing that between 1985 and 2000, no cases of corruption were reported as prosecuted in any Nigerian superior court of record.

    But today, the situation is gradually changing with efforts of the various anti-corruption agencies in the country.

    Much as more locally decided cases now abound, they are still not well harmonised, publicised and made easily available to those who require them.

    It is in this light that the decision by the ICPC to publish a compilation of some corruption cases, which it had successfully prosecuted at the High Court, Court of Appeal and the Sureme Court, is commendable.

    The 1029-page compilation, named “ICPC Law Report, Volume One,” and is to be cited as “(2013) Vol.1 ICPCLR,” is a report of judgments in 21 cases, and in which salient legal issues in relation to the various provisions of the ICPC Act,2000 have been resolved.

    The publication is a result of the combined efforts of personnel of ICPC’s Legal Department and a private organisation.

    Speakers at the public presentation of the report in Abuja, including Justice Akanbi, the Inspector-General of Police, Mohammed Abubakar; former Attorney- General of the Federation (AGF) and Minister of Justice, Kanu Agabi (SAN) and another Senior Advocate of Nigeria, Abiodun Layonu, praised ICPC’s decision to produce the Law Report.

    Akanbi noted that, at the inception of the agency, one of its constraints in prosecution of corruption cases was the dearth of decided cases.

    He said the only known local authority then was the case of “Odofin and the State”.

    Agabi said the Report would aid the court and lawyers in handling corruption cases, will serve as a ready pool of judicial authorities in that regard.

    Layonu said the publication, “will, no doubt, go a long way in aiding the prosecution of subsequent corruption cases in Nigeria.”

    ICPC Chairman, Ekpo Nta, while explaining the reason behind the publication, said it will assist the public and lawyers distinguish and recognise what constitutes elements of corruption.

    Some of the cases featured in this maiden volume include the celebrated case of the Attorney-General of Ondo State and the Attorney General of the Federation, cited as (2013) 1 ICPCLR 254; ELECHI v FRN (2013) 1 ICPCLR 1; Fagoriola v FRN (2013) 1 ICPCLR 786; FRN v Anache (2013) ICPCLR 617; Ayoade Ogunsola (2013) 1 ICPCLR 868; FRN v Bitrus Bakkat (2013) 1 ICPCLR 739; FRN v Marius Ameh No 1 (2013) 1ICPCLR 566 and Chidiebere Ude v FRN (2013) 1 ICPCLR 808.

    The AG, Ondo v AGF and the FRN v Anache cases mostly address the constitutionality of the ICPC establishment law – the Corrupt Practices and Other Related Offences Act (CPOROA), 20000.

    Particularly, in the AG Ondo State v AGF case, the Supreme Court resolved issues relating to whether the National Assembly could legislate on issues relating to the establishment and regulation of authorities to promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in Chapter Two of the Constitution; the mode of commencement of proceedings in the original jurisdiction of the Supreme Court as provided by Order 3 Rule 2(2) of the Supreme Court Act 1985.

    The apex court also, in the case, resolved issues relating to the objective of the ICPC and how to achieve same, and whether the National Assembly can legislate on “corruption,” not being a subject under the Exclusive or Concurrent Legislative List; the interpretation of Section 15(5) of the Constitution in relation to the definition of the word “state” vis a vis the making of legislation on corruption.

    The case also addressed issues relating to whether or not, provisions of the CPOROA impinge on the cardinal principles of federalism; whether the Federal Government can undermine the legislative powers and authority of the states; whether the National Assembly has the sole power to abolish all corrupt practices and abuse of power under Section 15(5) of the Constitution.

    The apex court, also in the case, addressed the duty of the court in interpreting the Constitution; when the National Assembly may legislate on matters within the legislative or executive competence of the states and the powers of the AGF or person authorised by ICPC can lawfully initiate or authorise the initiation of criminal proceedings under the ICPC Act, in states’ courts.

    In the Elechi v FRN case, the Federal High Court’s decided issues in relation to the power of the ICPC to invite a suspect for interrogation.

    In the case marked FHC/OW/CS/163/2011 Chinedum Elechi, then Deputy Speaker of Imo State House of Assembly sued the ICPC and two others, claiming that his invitation for interrogation over his alleged involvement in a case of fraudulent cheque conversion amounted to a violation of his right to personal liberty.

    The court, as per Justice F. A. Olubanjo effectively addressed issues relating to the meaning of corruption under the commission’s Act, the powers of the ICPC to investigate individuals accused of involvement in fraud related offences. The court held that invitation for questioning by ICPC does not amount to prima facie evidence of threat to violate an invitee’s fundamental right to liberty.

    In the case of Fagoriola v FGN, the Court of Appeal, in a decision upheld earlier this year by the Supreme Court, dwelt on the meaning of no-case submission; when an accused will be discharged on a no-case submission; when a no-case submission can be made and upheld and that what a court needs to consider in a no-case submission, is whether the prosecution has made a prima facie case requiring some explanations.

    In the case of FRN v Ameh, the Federal Capital Territory (FCT) High Court per Justice M. N. Oniyangi, identified ingredients of the offence of corrupt demand by a public officer, under Section 8 (i)(a), (ii)(b)(i) of the Corrupt Practices and Other Related Offences Act 2000.

    The appellate court also dwelt on the ingredients of the offence of corruptly receiving gratification by public officer under Section 10(a)(i) and (a)(ii) of the CPOROA 2000 and the issue of who has the responsibility of paying the expenses incurred by investigators while investigating a charge against an accused person.

    The case of FRN v Bitrus Bakkat effectively addressed issues relating to whether a person must be a public officer before being charged with corrupt offences; the jurisdiction of the High Court in corruption cases; ingredients of offence of official corruption and that any person, not only public officers can be charged with corruption offences. The Chidiebere Ude v FRN case relates among others, to whether offences under Section 22(5) of the CPOROA are strict liability offences; the ingredients of proof of offences under Section 22(5) of the CPOROA and whether the defence of claim of right and honest mistake are available to an appellant. The case of FRN v Anache cited in this report is in respect of an appeal decided by the Supreme Court on the issue of whether the CPOROA was constitutional as it relates to the National Assembly’s powers to make laws in relation to corrupt practices and abuse of office.

    The ICPC had charged Alhaji Mika Anache, Adeyemi Omowunmi, Chief Adebiyi Olafisoye and Milton Paul Ohwovoriole (SAN) before the FCT High Court on the allegation that Omowunmi, Olafisoye and Ohwovoriole offered N3.5million to Alhaji Anache and other members of the Judicial Commission of Inquiry for the Investigation of the Management of the now defunct Nigerian Airways Limited, to induce the members to show favour to Olafisoye and his company Fidelity Bond of Nigeia Limited.

    The accused persons raised an objection, challenging the jurisdiction of the Abuja High Court, an objection the trial court dismissed. They appealed to the Supreme Court, which upheld the decisions of the trial court and the Court of Appeal.

    The apex court upheld the power of the National Assembly to legislate on corruption cases.

    The Supreme Court, also in the case, addressed issues relating to the true definition of federalism and federal government; the purpose of the CPOROA; when an Act ultra vires the National Assembly; which Assembly is vested with the power to legislate on matter on the Exclusive and Concurrent Legislative lists and whether courts of law can build on hypothesis or rely on imaginaries. The ICPC Law Report, which comes in hard, glossy paper-back no doubt, comes as a handy pool of resources for lawyers, law students and judges on areas relating to trial of corruption cases.

    It is, however, expected that Nta will keep his promise of ensuring periodic production of the Report

     

  • ‘Executive, legislature quarrel over budget is uncalled for’

    ‘Executive, legislature quarrel over budget is uncalled for’

    The executive and legislative arms of government have always been at daggers drawn over the budget. What is your advice for the government to avoid a reoccurrence?

    I am using the family as an example of the nation. For many of us, we know that when issues that are important are on the table, we expect our parents and to go into their room and discuss the matter particularly when it affects the welfare of the family and the children. Very serious matters are not what you start throwing all over the place, like the children going back to school, like provision of food in the kitchen, these are not something that you discuss in the open. Rather, these are issues that require you to go into your room, discuss and then you come out with a proposal. So, I think the presidency and the Senate arguing about budgetary things, more or less in the public is worrisome. There has to be a certain level of dialogue that is not exactly necessarily in the open, because there are fundamental needs to be met. Without the budget, the country doesn’t run.

     

    So, what is the way out?

    I think because of the welfare of the whole nation, all that the businessmen will tell you is that business is not good because government is the biggest spender, yet there is no money around. So, for that reason there is mass suffering and the economy is not moving. There has to be a take-a-little, give-a-little to get the nation moving. And generally when there is an issue of disagreement, if both parties are willing to trade off a little bit of their positions, you find out it is more easier to find a middle line that will actually take care of the bigger picture, which is the well-being of the people in the nation. That is what I really recommend between the leadership of the executive and the legislative arms of government. Dialogue are not necessarily to be done in the open but you look at the greater cause of moving the nation forward and the people, not being static and let that drive the agreement that is  necessary to move the nation forward.

    There was outrage when the president urged the governors to sign the death penalty in order to decongest the prisons. Where does the church stand on this?

    You have to realise that I am a man of God and the law of God is superior to the law of man. Every human law that we have evolves from the word of God. And that is very true, every human law derives from the living oracles  of the word of God, whether the law of Moses, ten commandments etc. The question now is, when did we get capital punishment? But the law of God sanctifies human life. Nobody is really allowed to take human life, except in times of war and that is really a different thing entirely. I will say that from the word of God, you cannot justify capital punishment. A life you cannot create, you cannot destroy. The value of a human life is immeasurable. I can tell you for sure that life imprisonment is okay but I struggle honestly with capital punishment. If the governors don’t want to sign, I am sure you know the reason why they don’t want to do that. They struggle with taking the responsibility to have somebody executed and I am sure a lot of us here if you are governor, and you can avoid signing the warrant, you will avoid it.

    It doesn’t mean somebody who kills somebody else, that that person should be killed. The question again is, who wants to kill that person? If they give you a gun and say kill this man because he has killed somebody, you will struggle to do that except maybe when your passion is very high. When you think about it and also I think also for the reason that there could be miscarriage of justice, there is no way to change the fact, if you kill somebody for an offence and evidence now show later on and you now find the real killer, yet somebody had been killed for an offence he knows nothing about. That doesn’t leave room for any correction. I think the church will struggle with capital punishment.

    The church, in spite of its proliferation, has been accused of misplaced priority by preaching prosperity instead of morals, thereby encouraging corruption. Do you agree?

    It is an honest question though one that will make all of us feel really uncomfortable. But it has been said that Nigeria is the nation with the most churches in the world and yet corruption continues to grow. We have a question we have to address. I can’t tell you I have all the answers but I agree that if churches are increasing, corruption should be reducing and the moral values should be increasing. I think that perhaps the church should preach and teach more about values not necessarily for prosperity because if you have prosperity and you have no values, it is not really worth it. I think the churches will need to go back to some fundamentals, by that I am not saying every church is not doing that. A lot of churches are doing that but I think that maybe we should do a lot more in that regards.

    What is your take on same sex marriage and the decision of the Senate to ban it?

    The Bible tells us that towards the end, men will be lovers of themselves, they will be heartless, reckless, they will be haters of good, and they will be disobedient to parents, lovers of pleasure more than lovers of God. Again the Bible says it will be very bad towards the end. So some of things we are seeing today are actually prophetic and not the fault of the church. Things are going to get worse and worse till the day of the Lord and there is definitely nothing the church can do to change that. It is a definite mark of the end. For instance, you have to also thank the church that Nigeria is one of the largest nations of the world standing against same sex marriage. Every other nation that we say that their corruption is less than us, they actually shut down churches that will not marry people of same sex. So, in that regard, we still have fundamental values that we are not celebrating homosexuality  in the churches. It happens all over the place so you can’t just measure the state of the nation in terms of financials corruption. There is also moral decadence and for me, I wonder maybe that is one of the reasons why Britain is taking a shot at Nigeria with this entire 3,000 pounds sterling visa bond. They have promised to come against Nigeria for outlawing same sex marriage and immediately they are telling us that if you want to come to England, you have to deposit 3,000 pounds and withdrawing all kinds of support from Nigeria. So, in a way I think that puts Nigeria ahead of the rest of the world at least in that regard.