Following the release of the immediate past President of the Nigeria Bar Association (NBA), Okey Wali, by kidnappers after 12 days in captivity, NBA President, Mr. Augustine Alegeh (SAN) in this interview with Legal Editor, JOHN AUSTIN UNACHUKWU, bares his mind on the security situation in the country, the alleged arms deal between Nigeria and South Africa and why he dissolved the Section on Legal Practice (SLP) governing council.
your predecessor, Mr. Okey Wali (SAN), who was abducted by kidnappers in Port Harcourt, has been released. What does it say about the security of members of the legal profession?
It was a very sad, harrowing and traumatic experience for the entire Nigerian Bar. It shows the vulnerability and the level of insecurity of lawyers.
Okey Wali is a man of peace; a man who has served this country and the legal profession. Sadly, we have also received the news that a lawyer has been kidnapped in Sapele Branch. Lawyers in other parts of the country are being kidnapped, even judges and magistrates. But the kidnapping of our past president showed the level of insecurity the nation has descended.
It is shocking that we now have people in this country, who believe that the only way they can make a living is to toy with the lives of other people, inflicting pains and hardship on fellow Nigerians. It’s very disturbing. Additional, one starts to wonder if all these years we have had these kidnappings, will the crime ever come to a stop? We heard that’s some states have enacted laws providing for the demolition of suspected kidnappers, while some states have passed legislations prescribing death penalty. Yet, kidnapping is everywhere and even assuming alarming proportions.
Some people said ‘Okey Wali is so high up there, why didn’t he get police security?’ But I tell you this, there was a business man in Benin City who had six policemen protecting him. But when the kidnappers came, they took out the policemen and kidnapped him. It shows where we have reached, where kidnappers can now confront armed policemen. They know the person is being protected by armed police men, and yet confront them, shoot the policemen and kidnapped their victim.
Why were you absent at this year’s International Bar Association conference?
I had made arrangements to be at the IBA Conference in Tokyo. I had bought tickets for me and my wife, paid for hotel accommodation and concluded every other arrangements. But, it would have been irresponsible of me to travel out of the country when the immediate past president of the Bar was in captivity. I needed to be on ground to monitor what was happening.
I was in contact with members of his family and with the security agencies and I needed to be physically present in Nigeria to do that. So, I could not travel to Japan for that conference.
Nigerians received with cheers, the news that a truce and ceasefire were reached with members of Boko Haram. What is your assessment of that truce, especially now that we hear that it has been broken?
We were not involved in any way in the process of the ceasefire agreement. We don’t know the terms of the ceasefire. But like all other Nigerians we just heard the news. As peace-loving Nigerians, we welcome the truce. Anything that will end the hostilities in that part of the country is welcome.
Are you concerned that Boko Haram has resumed attacks during the period of the ceasefire?
We also heard that the Chibok girls would be released that same week, surprisingly this has not happened. So, I call on the government to please disclose to Nigerians the terms and the basis of this ceasefire. And we’ll encourage the cessation of hostilities that will assist in the final resolution of this crisis, which has lingered for too long.
What do you have to say on the report of Boko Haram leader Shekau’s death?
Again we do not have the full details of Shekau’s death or how he died. However, killing the leader of the insurgents does not stop insurgency. This is because any other leader can arise in the group. A new leader can emerge and they may have other commanders.
The Federal Government purported attempted to purchase arms from South Africa, which led to the confiscation of $9.3million and another $5.6million by the authorities. What is your take on this?
Whenever you are in a situation of war, which is what I think we are in right now, there is need to restock the armoury. This is to be expected and it’s understandable. But for me, the critical question is how do we restock our armoury?
Do we restock our armoury by illegal action? That is where the issue of this $15million comes up and it is in my view a national embarrassment. We have descended to the stage where we are unable to buy arms from recognised agents.
The whole world knows that we are fighting a war against insurgents. What nobody has been able to explain is why can’t we buy arms from recognised arms dealers? Why are we fighting insurgents and we can’t procure arms? It’s such a major question that begs for answer.
Having to buy arms through unconventional means, which has now turned out to be against South African laws is indeed, a national embarrassment. It’s very sad that a country like Nigeria is involved in such an act. There are better ways the Federal Government could have bought arms.
Amnesty International recently published a report alleging massive violations of human rights in the Northeast by the military. What is your assessment of the situation?
We have always condemned human rights violations in any shape or form. Even in a situation of war, the rights of people must be respected. However, we have asked our branches in those areas to be on the watch and report such violations of human rights to us. Also, we have the Human Rights Watch, which has been monitoring rights violations for us in those areas. You can be rest assured that we’ll do our best to ensure the rights of persons in those areas are well protected.
It must be further noted that those figures that Amnesty International has been parading are quite doubtful. One is not sure it’s as high as that.
A few weeks after you were sworn in as NBA president, some lawyers sued you and Mr. Jide Koku (SAN), challenging his chairmanship of the Section on Legal Practice (SLP). The Section will hold its conference in Uyo in a fortnight. Would that not be sub judice?
Firstly, I would say that as an association of lawyers we must practice what we preach. We preach due process and democracy. We preach obedience and observance of the rule of law. As I said in my inaugural address, SLP nominations and elections were scheduled to be held at the last NBA conference, but no elections held.
Rather than hold elections, some people were allegedly coronated. Under the bye-law, there must be nominations and there must be an election before anyone can become the chairman of a section. But this never happened in SLP.
In the NBA-Annual General Conference programme of events in Owerri, the election was scheduled to be held on Tuesday, but that election didn’t hold accordingly. So, to prevent a lacuna and to prevent an illegality, I took a decision that we must have somebody to coordinate the activities of the Section until a proper election is held.
I understand a case was filed at the Federal High Court in Abuja. Another case was also said to have been filed in Owerri. Many more are preparing to file their cases and I challenge all of them to speak truthfully to the issues. Was there an election? Where there was no election, it is a breach of the NBA Constitution and such illegality must not be allowed to stand.
I had an overriding duty to protect the sanctity of our constitution by appointing a caretaker committee to oversee the affairs of the section until proper elections are held.
The SLP conference is prescheduled and reorganised and all that they are doing is to see through the section’s programmes. Today, it’s SLP and we turn a blind eye, tomorrow it might be another section or even a branch.
When the process of an election is started, it must be seen through. You can’t take some steps in the process of an election then truncate it halfway through and declare a chairman without the election. The steps that SLP took were strictly pre-election, and the proper election never took place.
I am surprised that lawyers, who are trained in constitutionalism and due process, will have the courage to go to court and urge the court to uphold pure illegality.
What many see as a shameful act occurred in Osogbo recently where lawyers were openly involved in fisticuffs at the election tribunal. Ekiti State also just witnessed the desecration of the temple of justice when a judge was physically manhandled by hoodlums. What is the NBA doing about this?
I must confess that we have challenges. In any association there are touts and there are charlatans. In the case of the Osogbo incident, we have identified those involved and we have written to them. We are awaiting their responses, after which we’ll take the necessary actions.
In the case of Ekiti, we have set up a high powered committee to investigate the incident and we’ll do all that is necessary to ensure that proper action is taken against whoever is indicted.
The lingering crisis in the Rivers State judiciary has caused so much hardship for litigants, to the extent it is now in a comatose state. How do you intend to resolve this?
Well, I will tell you for free that the problem in Rivers State is not over who is the Chief Judge or not. The NJC has a role to play and it’s doing just that.
However, the courts in Rivers State are shut down as at today, not because of the imbroglio over who is CJ or not. It is rather as a result of the strike by the Judicial Staff Union of Nigeria (JUSUN). I had a meeting with the leaders of JUSUN, because they had planned on going on a nationwide strike. Based on our appeal to them, they have agreed to shelve that strike. If the JUSUN was not on strike, I am sure the courts in Port Harcourt would have been sitting.
Will observers be allowed at the forthcoming NBA NEC?
Yes. I have promised to address that issue. I made it clear that we’ll allow observers at our NEC meetings but it will be on the basis of accreditation from branches. All those who would like to attend and observe NEC meetings should indicate through their branches and their names will be sent to the NBA National Secretariat for accreditation. Such lawyers will be issued with name tags that will enable them attend the meetings.
What are your comments on the ongoing moves by the National Assembly to remove or modify the immunity clause?
I have always said that immunity is for the office. The holder of that office shouldn’t be jumping from one court to the other defending cases against him at a time when he is supposed to doing the work he is elected to do.
If you look at the number of people who have immunity, it’s just few. We have the 38 state governors and the president. If you multiply that by two, we have just 74. In a country of 170 million people, I don’t think 74 persons with immunity should be such a cause for worry. I believe immunity is not necessarily to cover up the office holder, but to enable him to do the work he was elected to do.
What are your views on the provision of 180 days to conclude election petitions?
Some have continued to criticise it – that it has occasioned injustice in many instances.
I don’t agree with that position. I was involved in the Adam Oshomole petition and we went from trial to Court of Appeal, to Supreme Court within the stipulated time. The issue of dragging election petition interminably should be discouraged and stopped. It should be made a thing of the past!
If you use your 180 days wisely, you can finish your petition. I was involved in another petition when after they gave judgment at the Court of Appeal, the petitioner waited for 42 days before returning back to tribunal. These are 42 days he could have used to start and finish the case. So, he went to the Court of Appeal and he was told that he was out of time and he still lost.
It was reported that out of 6000 students of the Nigerian Law School who sat for Bar Final examination, only 2000 passed. Are you worried about this?
I have looked at the results and done a campus by campus analysis. I must confess that it gives one cause for alarm, the failure rate is really high. I spoke with the Director-General and as soon as he comes back from the IBA conference in Japan, I will meet with him and find a way forward. I have been asking myself some questions. Is it that the lecturers are lazy or are not doing what they are supposed to do? We will sit down with the law school authorities and find a solution to these problems, I assure you.
