Mr Mela Nunghe was Chairman of the Nigeria Bar Association (NBA), Abuja branch before he went to The Gambia as a prosecutor. Nunghe, who has practised law for over 28 years, contested election into the House of Representatives in 2009 on the platform of the Congress for Progressive Change (CPC) but lost. In this interview with Legal Editor JOHN AUSTIN UNACHUKWU, he speaks on the police, the judiciary, politics and sundry national issues.
As a former Chairman of the Nigeria Bar Association (NBA) Abuja Branch, how would you compare the activities of the branch then and now?
I was privileged to be Chairman of the Abuja branch of the NBA in 1995 for only about six months before I proceeded to The Gambia as a Prosecutor under the 1981 Nigeria/Gambia Bilateral Agreement. That was also under the military rule of the late General Sani Abacha. While I took over from my good friend Patrick Ediale and S. I. Ameh (SAN), who was then the vice chairman took over from me.
Though the functions and activities of the Branch is limited to local issues pertaining the Federal Capital Territory like any other state branch, my short tenure, with that of the duo, my predecessor and successor came at a time when the National Bar was in limbo due to the crisis that rocked the Association in Port Harcourt, Rivers state in 1992. So we had the privilege of doubling unofficially or standing in on some national issues and speaking on same. It was the efforts of the Abuja branch and the collective efforts of some eminent members of the Bar such as Chief Awomolo, S.A.N that finally resuscitated the National Bar and earned the Abuja branch the name “Unity Bar”.
The population of Lawyers in Abuja has since then tripled due to influx of Lawyers from all parts of the country and the turning out of more graduates by the Nigeria Law School. Consequently, the contests for executive positions in the branches are highly competitive.
What is responsible for this?
Previously, it was seen as a position of service. Before our time, people were begged to take or assume executive positions. Today, there is an increase of Bar activities and attendance of our local meetings has always been not less than 500, Bar dinner, Seminars and Workshops organised by the Branch are well attended with enthusiasm. There is involvement of the official Bar and members of the inner Bar which we did not have in those days and by such participation all facets of the Bar is integrated.
The Independent National Electoral Commission (INEC) recently de –registered some political parties. What is your reaction to this?
I would like to be briefed on this for two reasons, namely: One of the 28 political parties, the Fresh Party and its presidential candidate – Rev. Chris Okotie have sued INEC in the Federal High Court, Abuja. To that extent, the whole gamut of the question above is sub judice.
It is common sense and in accordance with Labour Law principles that he who hires, fires. Section 78 (1) – (4) of the Electoral Act 2010 gives INEC the power to register political parties whilst S. 78 (7) mutatis mutandis gives INEC the power to de – register political parties on grounds as spelt out in sub sections (i) and (ii) of S. 78 (7), that is, “breach of any of the requirements for registration and for failure to win a seat in the National or State Assembly election.”
While I commend the Fresh party and its Presidential candidate Rev. Chris Okotie, who is a professional colleague for which reason I’m not surprised his taking out an Originating Summons against INEC in the Federal High Court, it is for the court to decide whether INEC was right or wrong according to the 1999 Constitution and the Electoral Act 2010 bearing in mind the copious sections of the duo of the 1999 CFRN and the Electoral Act 2010 as cited by plaintiffs in this suit.
Why do you praise the plaintiffs in this matter?
My commendation to the plaintiffs is premised on their right of access to court in a democratic and constitutional government, such as exists in Nigeria. Some of the de –registered political parties argued and did rest their case with the Press where they began. As a Legal practitioner and a respecter of Human Rights, I look forward to seeing the decision of the Federal High Court on this very important constitutional issue and as I stated earlier, would not want to go beyond this point as the matter is sub judice.
What is your view on the state of the Federation now, which areas of governance would you like the government to improve?
I have been listening to various debates on the media before and after the Christmas and New Year and till date, Nigerians are not happy with the state of the nation. I am of the view that the atmosphere is re-charged by the President’s intention or lack of intention to contest the 2015 election. While the Presidency and other observers may feel that some frantic efforts are being made to better the lives of Nigerians by the present administration, I think the Presidency need to gauge what the public perception is so as not to continue under an illusion that is deceptive. While I am impressed with so many arrest the Inspector-General of Police have made in respect of some hired murderers, Boko Haram and several other crimes suspected to have been committed in recent times, we pray that they will be successfully prosecuted according to law. It is noticeable and commendable that except for a few instances of attack in Yobe and Borno states, the end of 2012 was better than the end of 2011, especially with regards to attacks on places of worship in the North.
Nevertheless, areas of unemployment, education, the several probes and inquiries, power sector and the general economy does not seem to inspire hope in me and several Nigerians with regards to our future. I have found it difficult, if not impossible to understand, why only one Nigerian citizen is the best person to head the Ministry of Petroleum, and Madam ottteh is also the only and best Nigerian citizen to head the Securities and Exchange Commission (SEC) despite public perception which is based on several probe reports and bribery allegations. It may look demi nimis or trivial, but it may go a long way as far as the image of the Presidency is concerned if these two powerful ladies are either removed or reposted to other Ministries or Agencies.
Though the President may legitimately be entitled to contest in 2015, it is important he makes a clear statement on whether he has started campaign or is walking to better and improve the state of the nation. That, in my view, may douse some of the tension, agony and bitterness of many suffering Nigerians. In summary, things are not any better as far as my expectations are concerned.
The Abuja Branch of the NBA has elected new officers to pilot its affairs. What advice do you have for the executives?
Well, while some see being on the executive committee purely as service to the association, some others see it as a stepping stone to being rich or securing bench or other appointments that will enhance their status. Still others see it as a stepping stone to their further political ambition.
Those who work honestly with intent to serve have always been respected and their reward will come naturally. Consequently, my advice to the new executive is to be united as a team, work most sincerely towards reconciliation and building bridges of friendship for harmonious co – existence without compromising the ethics of the profession while ready to call to discipline some erring members of the Association whose behaviour smear the image of the Legal profession.
You contested election into the House of Representatives in the last elections on the platform of the Congress for Progressive Change (CPC), how far and do you intend to contest the election next time, why, and if not, why?
Yes, it is true I did contest during the last elections, under a very tough atmosphere. My nomination came in by way of substitution though quite late and under a party that was not known very much in the Federal constituencies relevant to me, because of the predominance of the ruling party. Even after bringing the CPC to the region and establishing its offices, my contest was tough because the party on whose platform I was contesting was perceived as anti–Christian by some, notwithstanding the fact that I am a Christian.
The election was also tough because as you would know, the first election that started on the of April 2, 2011 was cancelled by the Chairman of the Independent National Electoral Commission( INEC) Chairman, Prof Attahiru Jega and immediately rescheduled for the April 9, 2011. Though my entrance into the race was quite late, amidst dwindling resources and picking a party membership card for the first time, God helped me and I came second after the candidate of the Peoples’ Democratic Party (PDP) amongst five contestants, four of whom had been on ground for over a year campaigning.
So I thank God exceedingly for several lessons that accompanied that outing. I have always been an observer of good governance which emanates usually from contests and that is why I had no hesitation going into the contest. I am better equipped than many out there who only wait for political appointment because contest is entirely a different ball game.
Are you warming up for another contest in 2015?
As for the future, I pray God keeps us alive to see 2015 and beyond, though I sincerely do not know whether I shall contest or not contest. Some very peculiar situation dragged me into it and I can only contest if the same situation remains, I may give it another trial trusting that God will give me victory. But, if things change for the better and this very peculiar situation is vacated, it may not be necessary for me to contest, because I enjoy the practice of law which I have been at for about 28 years. Like one time President, Chief Ernest Shonekan stated, I did not join the race for the House of Representatives for “lack of what to do.”
Which areas would you like the judiciary to improve on this year?
The judiciary has been the pillar and most consistent arm of government in Nigeria’s democratic process. Unfortunately, it is given the least of attention in terms of funding when the bulk of the “mess” that emanates from both the legislature and the executive arms find their way to the chambers of their Lordships for determination.
Lack of adequate funding of the judiciary is the reason we have very few panels at the Supreme Court and Court of Appeal, the consequent result is that it takes time for appeals to be heard and disposed of. Our judges are over stretched by the volume of work they have to do which in nature is difficult from that done by the duo of the other arms of government.
At the trial courts, especially in the Federal Capital Territory, a Judge hardly has less than 20 cases on the cause list every day. How, in the circumstance, can they deliver quality and sound judgment and rulings without legal assistants attached to their esteemed office? All these contribute to the delay in the administration of justice.
I would, in addition, to providing adequate funding to the judiciary like the case of SALAMI v. NJC resolved in the year ahead because the circumstances surrounding the suit beginning from the several conflicting decisions of the election tribunals point at nothing else other than the stint of corruption which in turn has lowered the reputation and image of the judiciary in the eyes of the members of the public.
Further, I would expect all stakeholders: Counsel, Judges, prosecutors, court clerks and Registrars as well as litigants to play their individual roles sincerely and fervently with a view to expediting justice delivery.
There are efforts to make filing of cases operational online, that is good innovation and if successful it will fast-track the justice delivery system. Further I would like to see our judiciary evolve judicial activism in the discharge of its constitutional role in a developing democracy. The reason being Justice C. C. Nweze, (JCA) succinctly put it in a keynote address delivered at the NBA Abuja Branch 2012 Law week, at page 13 of his paper that:
The main justification for the creative role is the necessity for reconciliation of the rules with the wider objectives of justice.”
And went on to quote Justice Chukwudifu Oputa’s (JSC)(rtd) submission that:
The law will have little relevance if it refuses to address the social issues of the day. Legislators make laws in the abstract, but the court deals with the day to day problems of litigants and attempts to use the laws to solve these problems in such a way as to produce justice.”
Our judiciary should be dynamic and desist from the “hands – off” approach in its adjudication role.
How do you think we can secure the independence of the judiciary?
The issue of the independence of the judiciary as far as I can recollect has been a subject of academic debate since the inception of our democratic process.
It is said that if you are independent financially, you can be independent in everything else. Consequently, it is one thing to make provision of a sum of money for the judiciary in our national budget but it is quite another thing to release this sum earmarked on time so as to secure the independence of the judiciary.
What is your view on the fight against corruption, and how can we improve on this?
Corruption is the hallmark of our undisciplined behaviour and most of the time, exchange of money seems to be the emphasis. Nepotism or discrimination on the bases of tribe or religion is an aspect of corruption which has eaten deep in to our national polity.
Whereas, the Federal Ministry of Justice, the Economic Crimes and Financial Commission (EFCC), the Independent Corrupt Practice and other related Offences Commission (ICPC), all have their challenges, as they act only on petitions written to them, to an extent these bodies may not be independent after all as the name and statutes establishing them appear. It is obvious from the history and performance of these agencies that there are certain class of people that seem untouchable and some belong to certain political parties as a safe haven to be free from being arrested and prosecuted.
When sometimes last year about more than five former governors of PDP were arraigned before various courts, the then Chairman of the EFCC, Mrs Farida Waziri, was removed without reasons, leaving the public to speculate. It may be said these agencies with their attendant challenges are trying; their efforts remain a far cry in the fight against corruption, especially internationally. Whenever a Nigerian travels out of the country, he is perceived as a thief only to the extent that he is not caught.
One of the various ways of improving the fight against corruption is to limit the Police to the Police stations and the Chairmanship of the EFCC for instance should not be the exclusive preserve of a current or ex police officer, lawyers with expertise in investigation should be recruited and seconded from the Federal Ministry of Justice to undertake both investigation and effective prosecution of cases of corruption.
Indeed, we are trying, but we still have a long way to go.
There has been this controversy over the inclusion of State Police in the ongoing efforts to amend the Constitution, what is your view on this?
Whenever there is a yearning, complain, controversy over the desirability of a thing such as state police, it means something has gone wrong somewhere. The agitation, attendant debate to include it in the country’s constitution which is a subject of amendment in our constitutional history and development only exposes the interests and the desirability or otherwise of including it in the constitution.
The Nigeria Police Force (NPF) is established by Sections 214 to 216 of the 1999 Constitution of the Federal Republic of Nigeria [CFN] (as amended). Whereas the organisation, discipline, powers of the NPF, the Special Constabulary and the Traffic Wardens are dealt with by the Police Act cap. P19, Laws of the Federation of Nigeria, 2004. By the combined effect of S. 216 (1) and (2) of the 1999 CFN (as amended) and S. 5 of the Police Act, the Inspector General of Police (and all his contingents stationed in the state) are delegatees of the President of the Federal Republic of Nigeria. Section 4 of the Police Act clearly provides that:
“The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged…”
On the other hand, Section 176 (1) and (2) of the 1999 Constitution creates for each state of the Federation a Governor as the chief executive of that state and by implication the chief security officer of that state.
So what is your view on this?
In my humble view, there is nothing wrong with the above provisions for a democratic process like ours in Nigeria, especially if the rule of law, good governance and good faith is allowed to flourish in its operation. However, what Nigeria has witnessed in the past is the might of political bias and influence by the Presidency which undermines the powers of the state Governor, especially when they belong to different political parties. The executive Governors in most cases feel in-secured since the contingent Police commissioner takes orders from the Inspector – General of Police who in turn does the “will and caprice” of the President and Commander – in – Chief of the Federal Republic of Nigeria.
It is the fear of insecurity by the state Governors and the likely bias, abuse of the use of the police in the states which our experience shows is not unfounded, that has generated the call for the inclusion of state Police in the Constitution that is proposed for amendment.
Even while the agitation is on, some Governors have “stylishly” formed independent security outfits and have given them different names for want of legitimacy and equipped these outfits more than the police force operating in their states. Some of these states have given such groups, outfits legal backing by forwarding to its own State Assembly a Bill in that regard which has been passed into law.
Notwithstanding these developments, I am of the view that the inclusion of State police in the Constitution is unnecessary. I believe that as we mature in our political growth and development, this issue of State police will fade away.
How do you think we can improve the existing police structures to secure the safety of lives and property?
The image of the Nigeria Police, no doubt has been a matter of controversy in all facets of its duties, be it on the road at road blocks, as aides, investigators, prosecutors, etc. Despite all these, the Police internationally, have the history of performing creditably well at peace keeping in line with global best practices. Locally, I believe there are very good, God fearing Police officers contrary to the general perception of negativism that surrounds the entire Police Force. As a Lawyer, I have met and dealt with several Police men that by all standards are good, and if there are a sizeable number that are good, just like in any other agency, it means there is room for improvement.
So, how do we achieve this improvement?
I am one of those who believe that funding is not the main reasons for the corruption in the Police Force. I believe that a complete re – orientation of values and culture alongside training at all levels of our education, university inclusive, may help in improving and equipping the structures of the Police Force for a more efficient service. I note that often, new vehicles are given, donated to the Police Force, uniforms changed, allowances probably increased but their character and image will only change when new admirable and accepted values are inculcated and imbibed, which requires rigorous training and re – orientation which may take some time.
Further, the continuous recruitment of some of our university graduates has also helped in reshaping the long battered image of the police. This should be encouraged while others who have not attained such educational training should be exposed to training up to university level for this complete change of orientation, value, etc to be achieved.
