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Tag: NIALS

  • Experts seek review of laws on air safety

    Experts seek review of laws on air safety

    With the clamour for aviation reforms to insure safety in the air, experts have called for an overhaul of aviation laws. JOHN AUSTIN UNACHUKWU reports.

    Are specific laws regulating the aviation and space industry in Nigeria adequate? Do they address new threats to safety?

    These are some of the questions experts sought to answer at a roundtable organised by the Nigerian Institute of Advanced Legal Studies (NIALS) in Abuja. It had the theme: Aviation and Space Law: New Trends.

    The aviation industry, speakers said, remains one of the fastest growing in the world and its employment potentials and importance to a nation’s development and cannot be ignored.

    Chairman, Senate Committee on Aviation, Senator Goodhope Odidika Uzodinma, said Nigerians have been very active stakeholders in ensuring that a safer air space is achieved.

    He said the National Assembly would do its part to ensure that a strong legal framework is maintained to enable the aviation sector in Nigeria function efficiently.

    The roundtable examined how environmental activities as it Affects the sector. The environmental factors as outlined by the presenters include: pollution, land use planning and noise.

    These factors, they said, have serious damaging effects on the environment such as climate change which affects the health of individuals.

    Some of the new developments aimed at addressing the damaging effects caused by the Aviation industry are redesigning of aircrafts that will use less fuel and make less noise, use of sustainable alternative fuel, restructuring of aircraft that will enhance aircraft management, regular maintenance of aircraft that will improve an aircraft’s combustion and the introduction of new laws in the sector.

    Also discussed were aviation security and the challenges of terrorism in Nigeria. Aviation security legislation, speakers said, is very dynamic, and it is difficult to anticipate or cover by legislation all threats to the safety of security of civil aviation.

    The trend has been for the event to happen before appropriate measures are put in place to prevent and discourage recurrence or punish perpetrators of those acts, they said.

    There is, however, a move by International Civil Aviation organisation (ICAO) to identify and if possible propose legislations that will counter what the organisation has identified as new and emerging threats to civil Aviation.

    These new threats as identified by ICAO, experts said, include: misuse of aircraft as a weapon for example; suicide attacks in the air, suicide attacks on the ground, electronic attacks using radio transmitters or other means to jam or alter the state of the ground or airborne navigation thereby endangering the safety of persons or aircraft, chemical and biological attacks against the air travelling public, computer based attacks and attacks by making use of air cargos.

    The challenge for aviation security, the roundtable observed, is to see how existing legislation cover the threats and to make appropriate rules where there are gaps. ICAO has taken up this challenge, speakers said.

    Also considered was the proposed Fly Nigeria Bill (2012), promoted by former Nigerian Bar Association President Olisa Agbakoba (SAN), who had said the proposed law would enable Nigerian airlines get a fair share of the huge market in the air travel business.

    Entitled: “Fly Nigeria Act”, the bill is similar to the United States (U.S.) Fly America Act, which requires federal employees, dependents, consultants, contractors, grantees and others performing the American government’s financed air trips to fly the country’s carriers.

  • NIALS holds seminar on class action litigation

    NIALS holds seminar on class action litigation

    Class action is a form of lawsuit in which a large group of people collectively sue a defendant. It had its origins in the United States

    With disgruntled consumers in almost, if not all sectors in Nigeria, the concept of class action is finding a lucrative breeding ground and is indeed catching up fast.

    With this in mind, the Nigerian Institute of Advanced Legal Studies (NIALS), as the nation’s apex legal research institute, thought it fit to convene a roundtable of erudite scholars and seasoned jurists to discuss and deliberate on the issue of class action litigation in Nigeria.

    Speakers considered its origin, the scope of the subject matter and a comparative analysis of its application in other jurisdictions.

    This was to ensure that the principles underlying class action litigation that make it a preferred alternative in other jurisdictions are harnessed.

    The forum was chaired by Justice Clara Bata Ogunbiyi of the Supreme Court. She expressed keen interest in the subject-matter in her opening remarks.

    Chief Judge of the Federal High Cour, Justice Ibrahim Auta, who was the Special Guest of Honour, stated in his opening remark that understanding the workings of class action was key to its proper implementation in Nigeria.

    Executive Chairman, Nigerian Electricity Regulatory Commission (NERC), Dr. Sam Amadi, who delivered the keynote address, noted the plight of consumers in Nigeria, particularly in the telecommunication sector.

    Telecoms users, he said, lose seemingly insignificant amounts of money to dropped calls and unstable network, but when put together amounted to unjustified profit to the companies and regulators and a huge financial loss to the individuals as a whole.

    For him, it was time for Nigerians to be properly educated on the options available to them.

    Prof Obiorah Okafor of NIALS, considered the theoretical framework, including the advantages and disadvantages of class actions.

    Chief Mike Ozekhome (SAN) in comparing the state of class action litigation in Nigeria to the United States’ noted that a lot still needed to be done to develop class action in Nigeria.

    He said cases that could be instituted using class actions, where provided by Nigeria’s rules of court, were limited by to certain types of matters.

    Such issues, he said, relate to Intellectual Property, land held as community property and administration of estates.

    Prof Yinka Omoregbe discussed extensively on the myths and realities of class action litigation.

    She pointed out that while no system of seeking redress was perfect, class action often present the only means for disenfranchised citizens who have suffered wrongs at the hands of the government or big corporations, to get any justice.

    The Pfizer case which occurred in Kano State came when Mr Austine Allegeh (SAN), considered the Problems and Prospects in the settlement of Class Action.

    The case, which lasted 15 years over a drug trial which went awry, which the defendant paid compensations to victims, was identified as an example of a collective lawsuit.

    Prof Paul Idornigie, in his paper on the use of Alternative Dispute Resolution in Class Action cases, further revealed the deficiencies created in the recognition of Class action arbitration through Nigeria’s Court Rules.

    Transparency in Class Action Litigation was emphasised by Miss Judith Rapu in her presentation on Transparency in Class Action Outcomes: Availability of Class Action Clause.

    Thought-provoking deliberations were conducted after the presentations. In the end, it was agreed that class action litigation was a good development in the country’s jurisprudence.

    It was observed that such action would help to put producers of goods and services “on their toes.”

    Speakers agreed there was urgent need to develop it further to ensure adequate protection of all who decide to engage in class action litigation

    The round table was well-attended by dignitaries and stakeholders in the Nigerian Justice System, notably Federal High Court (FHC) Justices, private lawyers and members of the public.

    Among those present were Justice G.K. Olotu, (FHC, Abuja), Hon. Justice Lambo Akanbi (FHC Port Hacourt), Hon Justice Binta F. Nyako, (FHC Makurdi), Hon. Justice A. M. Liman (FHC, Benin), Justice Anwuli Chikere (FHC Minna) and Hon. Justice Kolawole, (FHC Abuja).

    Others are Justice M.I Awokulehin (FHC Kaduna) and Hon. Justice A.A Okeke (FHC, Lafia), Justice M.B Idris (FHC Lagos), Hon. Justice Chukwu (FHC Abuja), Hon. Justice Quadri (FHC Gombe) and Hon. Justice A.M Ademola (FHC Abuja).

     

  • UNILAG’s law faculty is first in NIALS’ ranking

    The University of Lagos,(UNILAG) has come first in the maiden edition of the Nigerian Institute of Advanced Legal Studies (NIALS) Nigeria Law Faculties Annual Ranking conducted in 2012.

    A statement by the Director-General of NIALS, Prof. Epiphany Azinge (SAN), reads: “ After assiduous research and collation of scientific data on Nigerian Law Faculties using underlisted indices, the following law faculties emerged the top 10 in the following order: University of Lagos, Obafemi Awolowo University, University of Jos, University of Benin,Lagos State University, Ahmadu Bello University, University of Nigeria, Babcock University, University of Maiduguri and Igbinedion University

    “Our duty demands that we undertake a project of this nature to promote standardisation and for the mutual benefits of the students and the institutions. Thus, the essence of this ranking is to challenge Nigerian law faculties to improve standards in aspects of their academic endeavour.

    “This ranking is not interminable as law faculties that were not captured in the top ten rank are encouraged to improve their standards significantly so as to stand a chance in subsequent years, while those ranked are encouraged also not to rest in their oars, but to work tirelessly to maintain already set standards.”

    The research was conducted based on the strident allegation of standards of legal education being on the decline bearing in mind the statutory responsibility of the Institute to provide information, supervision, guidance and advice to researchers of any university in the field of law. NIALS in October last year wrote circulated letters to the vice-chancellors and deans of Law Faculties.

    Consequently, NIALS started the annual ranking of faculties. The project involved field and desk research using the following indices: Number of applications; admissions; Staff; Staff-student ratio; library; post graduate studies; capacity building – external and internal; Publications; International accomplishment – moot trials etc; community service; web placements; External linkages; cross culture/internationalisation of staff; conferences/seminars and roundtables; alumni support and visibility; Infrastructural development; organisation and strategic vision; research undertakings; attraction of grants; high profile personality lectures; performance of graduates at the law school; average performance of graduating class; moot trial percipation; quality of dissertation; General ambience of the university; Interruption of lectures; recognition of degree overseas; placement of graduates in top law firms; hiring of graduates to teach at top 400 universities in the world and admission of graduates into LL.M and PhD programmes in top 400 universities in the world.

     

  • Institute appoints profs for professorial chairs

    THE Nigerian Institute of Advanced Legal Studies (NIALS) has appointed professors to occupy prominent professorial chairs at the Institute.

    A statement from the Institute reads: “The Institute in living up to the dreams of its founding fathers to be the apex legal research Institute in the country has over the years worked tirelessly in order to deliver on her mandate. One way the Institute has forwarded the frontiers of legal knowledge has been through professorial chairs.

    “The establishment of the Professor of Law Chairs is yet another step taken by the Institute in order to carry on research in various aspects of law related but not necessarily limited to the areas that are their Individual research interests.”

    The statement further reads: “In line with the Institute’s decision, it was therefore the Director General’s pleasure to appoint Chairs to occupy and pilot research work. These appointments indeed are a mark of recognition, excellent track record of research capabilities and achievements of these scholars.

    “It is the director-general’s belief that they will bring the same expertise to bear on their appointments and thus help in the actualisation of the dreams of the founding fathers of the Institute”.

    The director-general further assured that management would support them in whatever way possible to facilitate the smooth conduct of research under their various Chairs in the Institute. The new appointments are;

    • Prof. Peter Akper (SAN) for Jadesola Akande Distinguished Professor of Law;

    • Prof. Dakas C.J. Dakas, (SAN) chair, Ben Nwabueze Distinguished Professor of Law.

    • Prof. Bolaji Owasanoye for Teslim Elias Distinguished Professor of Law;

    • Prof. Yinka Omoregbe, Nabo Graham Douglas Distinguished Professor of Law.

    • Prof. Lanre Fagbohun, Chike Idigbe Distinguished Professor of Law;

    • Prof. Paul Idornigie- S.M.A. Belgore Distinguished Professor of Law and Development and

    • Prof. Deji Adekunle, Akinola Aguda Distiguished Professor of Law.

  • Institute to restate customary law

    Institute to restate customary law

    The efforts by the Nigerian Institute of Advanced Legal Studies ( NIALS) to restate the Nigerian Customary law received a boost last week.

    The institute, at a stakeholders summit on the restatement of Customary law, presented its preliminary research findings in the area of the Customary law to the public.

    The event, which held at the Lagos Sheraton Hotel, was attended by Customary Court of Appeal Presidents, renowned judges, scholars, and justices of superior courts of record across the country. The summit provided a veritable platform for stakeholders to rub minds, cross-fertilise ideas on the report of the research team and make inputs and contributions to the ongoing project of the institute.

    In a chat with The Nation, the Director-General, NIALS, Prof. Epiphany Azinge (SAN) said: “ I believe we were able to set the tone for conversation and then get people to look at what we have done over the past two years. The response and reaction has been quite encouraging, it has prepared us for the next stage of our research proposition and we believe may be, in terms of distillation and aggregation of views, by April or thereabout, we would have been ready for restatement and then we go into the restatement properly.

    “It has been a worthwhile exercise, it has been a worthwhile meeting today and we are happy that the public seem to be very elated about what we are doing and there has been a lot of commendations being poured on us for doing what we are doing which is supposed to be our mandate and that the public is appreciative of what we are doing.”

    Prof. B. I. C. Ijoma said: “ This is a good project, what we have done is a search for the objective. The institute has definitely done a very good job by taking the bull by the horns because if you go from one place to the other, they do different things, so now, they are trying to find a commonality, which is not easy to find in the social sciences, I think they will succeed.”

    Emeritus Professor, E. J. Alagoa said: “ I think this is a correct programme. If they follow it up, they will get to somewhere that will elevate the Customary law to be the basis of justice in the country.

    “It is very feasible and it is long overdue. The Customary law applies to great majority of Nigerians at the present time and it will continue to apply to them for a long time. So, what the institute is doing to establish it in the law is the right thing, they will surely succeed.

    In her introductory remarks at the summit, the project co-ordinator, Pro. Animi Awah said:

    “The objective of this meeting is to disseminate and share our findings. It is also to validate those findings. Contributions made at this summit will further enrich the outcome of the research.

    “Contributions are expected to fill in gaps where necessary and give alternative perspectives not captured on the field. Given the quality of stakeholders here such contributions would be taken as key findings which will be incorporated into research without need for further recourse to the field.

    “The Restatement of customary law in Nigeria is a project initiated by NIALS. The project is hinged on four themes namely: marriage, inheritance, succession land and chieftaincy.

    “In this project NIALS has sought to identify and document with precision, the position of custom across Nigeria. Preparatory to the field-work embarked upon by researchers of NIALS, was a period of intensive desk review of available literature on the customary law, of the various ethnic nationalities in Nigeria. The field-work was, therefore, targeted at confirming the change if any between customary law as documented and the extant law as accepted and practiced by those affected.”

    On the methodology, she said: “At all times throughout the course of the preparatory work, the clear objective of the project was identified to be the documentation of the custom of the communities to be visited on the four themes of the project, as distinguished from reinvention of custom.

    “The research adopted a two pronged approach of doctrinal and empirical investigation. The doctrinal approach was desk review of relevant data across the nation, while the empirical research entailed actual collection of data in the field.

    “Data collection was through interviews of key informants who are custodians of customs in the various communities. To ensure uniformity and cohesion questions were fashioned for use by researchers in the field. For accuracy the interviews were recorded and later transcribed.”

    Speaking on the geographical scope and coverage of the project, Prof Awah said: “The initial scope of the research was the entire rederation. The desk review however revealed that in the North namely the Northeast and Northwest geo – political zones, local customs were virtually non existent as Islam had practically supplanted all customs and is the prevailing law for ordering legal and social behaviour of the people.

    “That notwithstanding, the project still incorporated those zones for the empirical research to find if per chance some variations could be found. Unfortunately this was not done due to the security situation in those zones. The research is stepped down and hopefully would be attended to once the situation improves.”

    The report we will be considering covers the other four geo political zones namely: Southsouth, Southeast, Southwest and Northcentral.

    On the reason for the choice of research areas, Awah said: “Marriage is generally regarded as a very important aspect of the social life of any society. There is certainly no society that does not recognise marriage. Custom in particular, has gone great lengths in making its presence felt in the way people marry. Every society has its custom on marriage.

    “So prevalent are these customs in Nigerian societies that the validity of any marriage is largely assessed on the basis of whether the customary practices have been observed. Given its defining role in the social ordering of society, a thorough study of the customary practices of a society cannot be carried out in isolation of marriage. The influence of the subject area is felt in other aspects of custom such as inheritance/succession; where questions of who can inherit are answered on the basis of whether the parties were married or not. Status of a person is also sometimes determined by whether the person is born within a validly recognised marriage or not.”

    Inheritance, succession

    “Inheritance and succession are also important aspects of customary law/life as it raises certain concerns/issues which focus on gender, age, legitimacy/illegitimacy, nature of the property to be inherited. The critical significance of inheritance and succession appear to be that it determines access to resources and power.”

    Land

    “In Nigerian cultural milieu, the importance of land cannot be over emphasized. Essentially, farming, erection of houses for both personal and commercial purposes, as well as gift item, are some of the uses of land. As a consequence, land is the most precious commodity of the ancient Nigerian. Its value to the modern Nigeria is still very high. Our fathers lived on and by land. To them it meant everything. Land is also valued because of its spiritual/religious dimension and its links and affinity with the identity of people and groups.”

    Chieftaincy

     “The basis of indigenous organisation is the family under the headship of the eldest male member of the family. He directs family affairs and settles disputes among members of the family. Families grow and so villages are formed. This ultimately results in the development of title-holding system. The title-holding system varies in different places. Some titles are vested in certain families and are hereditary while others lapse on the death of the holder. In some cases a title carries with it a definite seniority in the village will be in others seniority is determined by the chronological order in which the titles are assumed.

    “Consequently, there has always been in existence the organisational hierarchy of governance or ruling since time immemorial, the ruler in any of such setting is regarded as a chief. A chief is a leader or ruler of a tribe. He is the royal father of all and the traditional head of the community. He is the accredited representative of the ancestors and the custodian of culture and tradition. He has the duty of performing certain traditional religious ceremonies and has the final say in traditional matters. A community without chiefs portrays a society without vision.”

  • ‘Nigeria suffers from lack of vision, national goals’ (Part 3)

    Text of a paper delivered by former Chief Economic Adviser to the President Chief Phillip Asiodu at the Muhammadu Lawal Uwais Public Service Award Lecture organised by the Nigerian Institute of Advanced Legal Studies (NIALS) in collaboration with the Nigerian Television Authority (NTA)

    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 second 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 per cent 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 rationalisation 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 six 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 per cent 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 two to three 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-organisation 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-organised, 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 second National Plan.

    •The impressive average annual growth rate of 6 per cent + from 1962 – 1966; and after the Civil War, the average annual growth rate from 1970 – 75 of 11.75 per cent.

    •Supposing even after removing Gen. Gowon, his successors had continued with the disciplined implementation of the 1975 – 1980 third National Plan, and if under subsequent National Plans, 10 per cent + 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;

    •Organisational 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 utilisation 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 Asiodu, Con

    Abuja

  • Felix Okoye memorial lecture

    Felix Okoye memorial lecture

    The Nigerian Institute of Advanced Legal Studies (NIALS)
    will hold the 2012 edition of  the Dr. Felix Okoye memorial
    lecture on Tuesday, September 18, 2012.Venue is  the Ayo Ajomo Auditorium, University of Lagos.
    The lecture, with the theme, ‘Judicialism and electoral process in Nigeria: What the Supreme Court did, what the Supreme Court may do’, will be delivered by Justice Ibrahim Tanko Mohammed.
    The Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN) will be the special guest of honour at the event, which will kick off by 4pm.