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Tag: Nigeria

  • Surviving Nigeria

    Surviving Nigeria

    I stumbled through Agege market area

    Endured the spits of tomato traders;

    ‘You price like you have cerebral malaria!

    Or don’t you, woman, live in Nigeria?

    Our traders, reeling like Taylor’s Monrovia

    Livid, living on rusting rails like looted Libya

    Sailing against dwindling stocks, endangered

    But de-subsidized days are advancing, eiyaa!

    I took home, though, my diagnosis—ah, malaria!

    Eye my famished kids like they live in Siberia

    I looked into space, I asked in hysteria:

    My God, how do we survive in Nigeria?

    I slumped, watched the random TV special

    See politicians reel out trillionth budget special

    Winking, knowing the people aren’t any better

    Whispering about their next dates in Valencia

    I joined the line-up of hungry Nigerians

    Wailing all the way to the ruler’s empire

    But the prettiest of us didn’t return together

    The gods chose them as conference materials

    Hmm…, if you are pissed over conference materials

    They will point and say, look at our first class engineers

    Now into okada since the First Ladies so imperial

    Have filled up the spaces from Oga to messenger!

    I dare asked why prices are so shot up

    Why the innocent are so locked up

    Why our heads walk bottom up

    They told me, ‘kai, you shut up!

    You talk like a noisy, unnaija quitter

    Did your ancestors know of Twitter?’

    ‘You need an urgent mental upgrade

    No wonder you failed the 20TH grade

    At Oluwole International Memorial

    Even with shoes bought first grade from Asia

    Unlike us shoeless first class materials

    Who dreamt of a tokunbo pair from Ariaria.’

    I watched Mr. Ruler dance disco in Australia

    Deserting his de-subsidised, detonated Nigeria

    At home, tinier rulers feast on remnant bones of masses

    We only hear their Hilton snores as they pass their gases

    I asked; how can we survive in Nigeria

    With such rowdy administrative inertia?

    Today, I asked if it’s now immaterial

    That we scamper, scared like dementias

    Unsure if we’ll survive bombs and bacteria

    With police piling rogers, hospitals bacteria

    But our Ruler grins down my ignominy

    It’s our turn, you dumb, for tragedies!

     

    •Mrs Abah is a Lagos-bases poet and environmentalist

     

  • Nigeria, Russia to improve trade

    Nigeria, Russia to improve trade

    Nigeria and The Russian Federation have initiated plans to improve trade relations between both countries.

    The desire to improve trade relations between both countries in not unconnected to the low level of trade between both countries valued at less than $300 million.

    Addressing journalists in Abuja, the Nigerian Ambassador to Russia, Mr Assam Assam and his Russian counterpart in Nigeria, Ambassador Nikolay Udovichenko both said the two countries have agreed to deepen the level of trade that currently exists between them.

    Assam lamented the $300 million trade volume between vith countries stressing that “the figure is unacceptable considering the 50 years of trade relation that exists between Nigeria and Russia. This is a result of knowing little about each other’s countries.”

    He expressed displeasure that few Nigeria companies are presently doing businesses in Russia adding that with policy direction, Nigeria’s economic cooperation with Russia would be greatly enhanced.

    To ramp up trade volume between the two countries, their chambers of commerce would be holding the first Nigeria-Russia Business and Investment Forum which will take place in Moscow on the 9th and 10th October, 2013 to open up new areas of economic collaboration after 50 years of socio-economic and political relations.

    According to ambassador Assam, “Nigeria and Russia have had 50 years of diplomatic relation and that is why as part of the business forum and by virtue of very prominent Nigerians who will be coming to Moscow for the business forum, we have decided to use the forum as an opportunity for Nigeria to improve trade with Russia and attract businesses from Russia to Nigeria with quality interaction to enhance relationship.”

  • Nigeria a crumbling edifice, Baraje laments

    Nigeria a crumbling edifice, Baraje laments

    •’They are making a carricature of serious national issues’

    The national Chairman of the New Peoples Democratic Party (PDP), Alhaji Abubakar Baraje has lamented the many woes of Nigeria as the country celebrates its 53rd independence anniversary.

    In a statement he personally signed yesterday, the party chair described the country as a crumbling edifice wrecked to the seams by corruption, bad leadership, ethnicism, parochialism, sectarian intolerance and childish political recrimination.

    Baraje bemoaned the fate of the citizenry, saying the masses have been pauperised and dehumanised by the present leadership through exorbitant charges on essential goods and services.

    But PDP National Publicity Secretary faulted his position. He said: “They are making a caricature of serious national issues. Their statements defy all known political norms and at best provide entertainment for social gatherings.”

    Baraje said: “Nigeria at 53 has turned into a borderless valley of tears where life expectancy hovers between 40 and 43 years. Nigerians are callously extorted through various government agencies like the Power Holding Company of Nigeria (PHCN) which today excels in generating darkness and subjecting Nigerians to the highest ever tariff regime.

    “The Federal Road Safety Commission (FRSC) set up as a well-meaning agency to tame the rising cases of road accidents has become a tool for mindless extortion through the issuing and re-issuing of vehicle number plates and drivers’ licenses at very exorbitant prices.

    “The petroleum sector has become an illicit cash cow for the people in government, their friends and relatives who exploit the hapless citizens through sundry means and cleansing the treasury via a phantom fuel subsidy scheme that targets friends and fronts of the members of the government for enrichment.

    “What could best demonstrate the wanton brigandage going on in Nigeria than the fact that the government, which set up the SURE-P programme with the huge N32 increment in each litre of fuel Nigerians purchase, has recorded no known achievement with the huge accruals from the increment?

    “Today, SURE-P has sacked the 110,000 youths it placed on N10, 000 monthly allowances on the excuse that there is no money to pay them. We ask, where is the government keeping the huge amount it realizes from the inhuman increment in the price of petrol, kerosene and diesel?

    “At 53 years of independence, our educational sector has completely crumbled and our universities have been shut for close to three months simply because a government that celebrates free loading of the nation’s resources cannot meet the agreement it signed with university teachers four years ago.

    “Our secondary and primary school sectors are jerking at the most inefficient level; neglected, abandoned and dejected and all have contributed to make Nigerian certificates almost worthless.

    “The health sector is in a pitiable state as our hospitals cannot handle simple malaria cases. Nigerians now troop to India and the Far East Asian countries to treat common ailments and nothing is being done to arrest this sad situation”.

    Baraje also noted that Nigerians in their millions are being forced to get out of the country, even to poorer countries as a result of pervasive poverty, unemployment and social dislocation.

    “The infrastructure sector is in its worst state as Nigerian infrastructural base has crumbled. Roads are decrepit. The economy has screeched to a halt in the face of unrestrained purloining, coupled with an officially-backed oil theft that targets the members of the government, its cronies and hirelings for enrichment.

    “The management of the Nigerian economy is, at best, haphazard as the cooking and circulation of flattering and fatuous economic reports that curiously suggest growth in the obvious degenerating reality Nigerians are facing.

    “At 53, youth unemployment has soared to over 80 per cent, insecurity of lives and properties has clearly overwhelmed the capacity of the state and a social crisis has driven many Nigerians to their untimely graves.

    “Our security agencies are inept and the Nigerian police have been reduced to the attack dog of the present Federal Government and its cronies while security challenges go unmet.

    “We can go on and on but suffice it to state that Nigeria has woefully failed its citizens at 53 years. The indices are all too obvious even as the present government lives in curious denial of these grave realities.

    “On a daily basis, Nigerians are being kidnapped, assassinated or butchered like chickens in hundreds and government seems at a loss on what to do”, Baraje said.

    He expressed disappointment with President Goodluck Jonathan’s Sunday night media chat in which he said rather than coming clean, the President chose to prevaricate on his 2015 re-election bid.

    The party chairman urged Jonathan to drop his re-election bid if he truly meant well for the country and concentrate on how to rescue the sinking ship of the Nigeria state.

    He observed that given the mindset of the present government, there is dim hope for redemption, adding however that well meaning Nigerians would continue to offer suggestions on how to save the country from imminent collapse.

    To this end, the party chair made the following demands on the Jonathan administration:

    . The constitution of a critical management team made up of apolitical, eminent technocrats and knowledgeable Nigerians to take over the management of the national economy given the woeful failure of the economic management team of the Jonathan government;

    • A similar team to arrest the infrastructural decay that is threatening the nation’s infrastructural base at present;

    •Impanelling of a credible, independent and resolute anti-corruption body to cleanse the country of the thick stench of corruption that has overwhelmed it at present;

    • A re-ordering of the inchoate federal structure we are running with a view to allowing the states and the other federating units more access to resources to attend to the numerous responsibilities placed on them;

    •The introduction of state police as an antidote to the worsening security problems, which the present inept and highly politicised Nigerian Police had been unable to deal with.

    • An urgent need for Nigerians to come together and discuss matters affecting them as well as proffering the way forward, as stated in the President’s enunciation of a national dialogue.

    Baraje however, welcomed the President’s announcement in his Independence Day broadcast of the establishment of a committee to advise him on the modalities for the holding of the proposed national dialogue.

    “We, however, wish to warn that the proposed conference should not serve the same cosmetic purpose served by previous efforts; it should be empowered to discuss all issues agitating the minds of Nigerians – there should not be any no-go areas except the unity and oneness of Nigeria, which is not debatable.

    “Finally, we urge Nigerians not to lose hope but to remain resolute in demanding good governance, transparency and accountability from government at various levels as that is the only way to force the corrupt clique in power to change their ways”, Baraje stressed.

  • CAF to address Nigeria blackout

    CAF to address Nigeria blackout

    CAF Secretary General Hicham El Amrani admits the organisation will look to make sure there is no repeat of the lack of television coverage in Nigeria of the 2013 Africa Cup of Nations.

    Many Nigerians nearly missed out on the opportunity to see the Super Eagles lift the trophy in South Africa earlier in the year after the Broadcasting Organisation of Nigeria (BON) and AFCON’s TV broadcast rights owner were unable to come to an agreement regarding the sale of the rights to show the tournament in Nigeria.

    As a result, the competition was not shown on terrestrial television, with CAF accusing BON of offering to pay 20 times less than what they thought the rights were worth when the broadcaster was happy to spend considerably more on screening European football.

    A last minute agreement between the parties saw the final between Nigeria and Burkina Faso screened on local televisions, but a bitter taste remained.

    With Nigeria boasting such a large football-watching population but contributing so little to AFCON viewing, Amrani says that steps will be made to rectify the situation heading to the 2015 edition in Morocco.

    “Of course we will look into it, but people need to be realistic,” he told Football411 at the Soccerex African Forum.

    “We are not FIFA, we are not UEFA, people cannot ask the same things from us.”

  • What can Nigeria learn from Asian Tigers?

    What can Nigeria learn from Asian Tigers?

    Nigeria and some Asian countries were at the same level of development five decades ago. But why the Asian Tigers are waxing stronger economically and politically, Nigeria’s growth appears to have been stalled by its lack of dynamic and transformational leadership. Assistant Editor LEKE SALAUDEEN reports.

     

    Nigeria and Malaysia have many things in common. They were former British colonies. Malaysia became independent in 1957, three years before Nigeria achieved independence in 1960. The economy of both countries was agrarian, prior to the oil boom era in Nigeria. They are republican states operating bi-camera legislature.

    Malaysia is a federal democracy leaning on the monarchial order. The Yang di-Pertuan Agong is Head of State and the Prime Minister of Malaysia is the Head of Government. The executive power is exercised by the federal government and the 13 state governments. The federal legislative power is vested in the federal parliament and the state Assembly. The judiciary is independent of the executive and the legislature, though the executive maintains a certain level of influence in the appointment of judges.

    The Constitution of Malaysia is codified and the system of government is based on the Westminster system, which Nigeria practiced between 1960and 1966. The hierarchy of authority, in accordance to the federal constitution, consists of the executive, judiciary and legislative. The Parliament is made up of the Senate (Upper House) and House of Representatives (Lower House).

    The country practices a multi-party system, which in the last 50 years, has been dominated by the United Malays National Organisation (UMNO), the dominant party in the broad-based coalition called the National Front. Three main opposition parties compete in national and state elections in Malaysia.

    During the tenure of Dr Mahathir Mohammad, the fourth Prime Minister of Malaysia, many constitutional amendments were made. Henceforth, the Senate can only delay a bill from taking effect and the monarch no longer has veto powers on proposed bills.

    Unlike several other Islamic societies, Malaysia practices a liberalised form by allowing even western attires to be worn by women. Contact between sexes is fairly flexible. Women account for 40 per cent of the population.

     

    Malaysian economy

     

    Malaysia has built a “knowledge economy” woven around hitech and all-round specialisation. Technology and telecommunication are already advanced. Mobile phones was common place, since 2001, even among school children.

    Malaysia is cited as a good example of well managed capitalism. Every sector of the economy is tightly controlled by government, with indigenous expertise driving them. For more than 20 years, when Dr Muhammad was the Prime Minister, his Finance Ministers had consistently emerged the second most powerful men, a reward for watching the health of the economy.

    There are no subsidies in Malaysia. Though government is active in every sector, this is in the form of ensuring compliance with economic policies by both the public and private sectors.

    At the turn of the last century, large quantity of palm seedlings was ferried from Nigeria for transplant in Malaysia. Today, the country boasts of millions of flourishing palm plantations all over its land scope. Indeed, Malaysia is the world’s largest producer of palm oil and third largest producer of rubber.

    The country has a national car called Proton, manufactured in collaboration with Mitsubishi of Japan . There are other less popular brands.

    In 1998, the bubble burst and the country, along its neighbours, plunged into its first recession. It promptly tightened capital controls and rejected prescriptions of the International Monetary Fund (IMF). It reduced the 21 commercial banks, 12 merchant banks and 25 finace houses to only six in each segment. The economy bounced back two years later.

    Its Gross Domestic Product (GDP) averaged 12 per cent in over two and half decade resulting in a bullish emerging market and powerful member of the famed Asian Tigers.

    To underscore Malaysia’s technological and financial muscles, the nation’s capital, Kuala Lumpur currently houses the world’s tallest office complex, the Petronas Towers, which is 1,482 feet high, all massive steel and glass. It has 88 storey and was completed in 1996.

     

    Nigerian politics

     

    Nigeria is a Federal Republic modelled after the United States, with executive power exercised by the President.

    The President’s power is checked by the Senate and House of Representatives, which are combined in a bicameral body called the National Assembly. The Senate has 109 seats with three members from each state and one from the Federal Capital Territory, Abuja. The House contains 360 seats and the number of seats per state is determined by population. Members of the National Assembly are elected for a four-year term that is renewable.

    Nigeria’s three largest ethnic groups (Hausa, Igbo and Yoruba) have maintained historical pre-eminence in Nigerian politics; The two major political parties at present are the ruling People’s Democratic Party (PDP) and All Progressive Congress (APC) that emerged from the recent merger of three opposition parties, All Nigeria Peoples’ Party, Action Congress of Nigeria and Congress for Progressive Change.

     

    Nigerian economy

     

    Nigeria is classified as a mixed economy and an emerging market. It has already reached a lower middle income status, according to the World Bank. It has abundant supply of natural resources. The Nigerian Stock Exchange, which is the second largest in Africa. Nigeria is ranked 30th in the world in terms of GDP (PPP) as of 2012. Nigeria is the United States’ largest trading partner in sub-Saharan Africa and supplies a fifth of its oil (11 per cent of oil imports). It has the seventh-largest trade surplus with the US. of any country worldwide. Nigeria is the 50th-largest export market for US. goods and the 14th-largest exporter of goods to the US. The United States is the country’s largest foreign investor.

    Previously, economic development had been hindered by years of military rule, corruption, and mismanagement. The restoration of democracy and subsequent economic reforms have successfully put Nigeria back on track towards achieving its full economic potential. It is now the second largest economy in Africa (following South Africa), and the largest economy in the West Africa Region.

    During the oil boom of the 1970s, Nigeria accumulated a significant foreign debt to finance major infrastructural investments. With the fall of oil prices during the 1980s oil glut Nigeria struggled to keep up with its loan payments and eventually defaulted on its principal debt repayments, limiting repayment to the interest portion of the loans. Arrears and penalty interest accumulated on the unpaid principal which increased the size of the debt.

    However, after negotiations by the Nigeria authorities, in October 2005, Nigeria and its Paris Club creditors reached an agreement in which Nigeria repurchased its debt at a discount of approximately 60 per cent. It used part of its oil profits to pay the residual 40 per cent, freeing up at least $1.15 billion annually for poverty reduction programmes. Nigeria made history in April 2006 by becoming the first African Country to completely pay off its debt (estimated $30 billion) owed to the Paris Club.

    Nigeria is the 12th largest producer of petroleum in the world and the eighth largest exporter, and has the 10th largest proven reserves. Petroleum plays a large role in the Nigerian economy, accounting for 40 per cent of GDP and 80 per cent of government earnings. However, agitation for better resource control in the Niger Delta, its main oil producing region, has led to disruptions in oil production and prevents the country from exporting at 100 per cent capacity.Although it is a producer of oil, the country has no functioning refinery.

    Nigeria is one of the poorest oil producing countries, according to the United Nations report citing “the economic policy orientation during the 70s left the country ill prepared for the eventual collapse of oil prices in the first half of the 80s.

    “Public investment was concentrated in costly and often inappropriate infrastructure projects with questionable rates of return and sizeable recurrent cost implications while the agricultural sector was largely neglected.”

    Nigeria has one of the fastest growing telecommunications markets in the world, major emerging market operators (like MTN, Etisalat, Zain and Globacom) basing their largest and most profitable centres in the country (70). The government has recently begun expanding this infrastructure to space based communications. Nigeria has a space satellite which is monitored at the Nigerian National Space Research and Development Agency Headquarters in Abuja.

    The country has a highly developed financial services sector, with a mix of local and international banks, asset management companies, brokerage houses, insurance companies and brokers, private equity funds and investment banks.

    Nigeria also has a wide array of underexploited mineral ,which include natural gas, coal, bauxite, tantalite, gold, tin, iron ore, limestone, niobium, lead and zinc (72). Despite huge deposits of these natural resources, the mining industry in Nigeria is still in its infancy.

    Agriculture used to be the principal foreign exchange earner of Nigeria. At one time, Nigeria was the world’s largest exporter of groundnuts, cocoa, and palm oil and a significant producer of coconuts, citrus fruits, maize, pearl millet, cassava, yams and sugar cane. About 60 per cent of Nigerians work in the agricultural sector, and Nigeria has vast areas of underutilized arable land. But it has now tailed to diversity its economy.

    The collapse of the manufacturing sector has led to mass unemployment.

    Corruption is on the increase in Nigeria. In 2009, it was listed among the failed states. Infrustructure is at a low ebb and ethnic and religions tensions have unleased the fear of peaceful co-existence.

    Many experts have attributed the wide gap between Malaysia and Nigeria to the poverty of leadership. They contended that, with visionary and incorruptible leadership, it is still possible to reposition the socio-political economy because Nigeria has the potential for growth and development.

     

  • What is Nigeria celebrating at 53?

    What is Nigeria celebrating at 53?

    On October 1, 1960, the future of Nigeria was bright. But, 53 years after, there is gap between expectation and reality. Group Political Editor EMMANUEL OLADESU writes on the country’s snail-like movement to progress, despite its rich human capital and abundant natural resources.

     

     

    Many Nigerians living in the towns and cities may not have the opportunity to listen to President Goodluck Jonathan’s live independence broadcast today. It is not because they cannot afford television sets. As usual, electricity is beyond their reach due to power failure. Those taking the advantage of the independence holiday to travel will endure the hardship of a boring journey on the roads, which are death traps. From this week, many people will transfer their ailing relations from the public hospitals to private clinics in sorrow because another strike is imminent in the health sector.

    Already, confused and restless university students are at home, owing to the prolonged lecturers’ strike. There is no end in sight yet. This week, the polytechnic teachers will also resume their suspended strike for welfare package. Also, their counterparts in the Colleges of Education are threatening to down tools. The fear of the future that has engulfed the tertiary students is heightened by the awareness of the soaring number of unemployed graduates roaming the streets in search of elusive jobs. According to the embattled governors, it may be difficult to pay salaries in some states because of the sudden drop in monthly allocations from the federal purse.

    Across the six geo-political zone, there no peace. In the North, the Boko Haram sect is on the prowl. The state of emergency has not restore normalcy. In the Middlebelt, the Ombatse Group has intensified killings. The brands of terrorism in the South are armed robbery and commercial kidnapping. Corruption, according to Transparency International, has not abated among public office holders. Rather than making the transformation agenda to work, the preoccupation of those in power is the 2015 calculation. This is the story of Nigeria at 53.

    It has been a tortuous journey from 1914. Crisis of development have continued to assail the fragile federation. At independence, Nigeria emerged as a country of many nations struggling for relevance. The sustaining power was the subscription to federalism by the leaders who built on the foundation laid by the colonial masters.

    On October 1, 1960, the future was bright. World leaders acknowledged the enormous natural endowment, quality and quantity of its population, and vast opportunities available to the former British Colony. The three premiers have laid examples of transformational leadership in the Western, Eastern and Northern Regions. Also, the colonial masters predicted that, by the mid seventies, Nigeria would become a medium ranking world power playing enviable roles in the comity of nations and shouldering continental responsibilities in times of peace and war.

    The 1966 military coup deepened the distrust and suspicion among the unequal regions. Legitimate authorities gave way for dictatorial leadership. The mistake of the first military ruler, Major General Thomas Aguiyi-Ironsi, who foisted the unitary system on the country through his controversial unification decree marked the beginning of the journey to gloom.

    From the initial three regions, the country gave birth to 36 dependent component units, following state creation by successive military governments. But the structure did not change the feelings of primordial sentiments by the unwilling partners.

    Fifty three years after flag independence, the rich country is in pains. Its oil is both a blessing and curse. The natural resource is domicoied in a region. Ironically, the zone is struggling with poverty. But majority of its citizens wallow in poverty. Life expectancy has dropped abysmally in Nigeria. Basic amenities, including portable water, electricity, medical facilities, and roads, are in pitiable state of disrepair. The only prosperous people are those in government, who have cornered state power and appropriated public resources.

    Many analysts described Nigeria as a big contract up for grab. In their view, government has become the greatest corrupter of society. “There is a disconnect between the government and the people”, observed Ayo Opadokun, the Secretary of the National Democratic Coalition (NADECO), who blamed the leadership for lack of vision.

    Apparently piqued by persistent challenges of nation-building staring the forced union in the face, international agencies have repeatedly warned that, by 2015, the federation may break up. The signs, observers contend, are the inherent strains, which tend to predispose the country into failure or fragility. “Our nation has been moving backwards at a disheartening speed”, said former university don and politician Dr. Femi Okunrounmu. Education, he said, lay prostrate, industries are on the slide, owing to arrested growth, electricity is a tall ambition and agriculture, which was the mainstream of the economy, is utterly neglected.

    ‘Our clean cities have become slums. Infrastructure has collapsed, roads are now death traps, killing more people annually than the dreadful diseases like AIDS and malaria. Corruption is on the increase daily. More than 60 percent of our people have no access to pipe borne water and medical facilities. Our country is a country of imports and moral values have collapsed, making us the object of scorn and derision in civilized circles’, Okunrounmu added.

    Many youths entertain much fear about their future. There is a correlation between mass unemployment and soaring crime rate which the country has ignored to its peril. “Government has neglected development planning”, said former Federal Commissioner for Works and Housing Alhaji Femi Okunnu. The elders statesman lamented that this omission had widened the gap between expectation and reality.

    Former Special Adviser to the President on Economic Matters Chief Philip Asiodu Asiodu chided the successive administrations for lack of vision and intellectual bent, adding that the civil service of yesteryears, which generated ideas and policies for the executive arm had gone to sleep.

    Okunrounmu pointed out that countries whose visionary leaders embraced that culture of planning for the future have reaped the benefits. He pointed out that the Asian countries, including India, Singapore and Malaysia have left Nigeria behind in the march of development,

    although they are not more endowed than Nigeria. “They became the Asian Tigers because they have good leaders”, he said.

    It is an understatement. India became independence in 1947. But by 1997, when it marked its golden jubilee, it was a celebration of achievements. “India has transformed itself into a fast growing economy and achieved a considerable breakthrough in agricultural production. In 1991, electricity generation had reached 80,000 mega watts, which could not still meet their industrial, agricultural and domestic needs and most of the power generating equipment were manufactured in India”, Okunrounmu added.

    Every decade, India has always

    struggled to make a point. In

    1969, only 22 years after its independence, the country launched an indigenous rocket into space. In July 1980, she became the sixth member of the World Space Club after launching an indigenous satellite. In 1974, and later in 1988, India detonated her own nuclear bomb. At 50, the country had developed an advanced computer industry, exporting computer and software to other developing and developed countries.

    However, unlike India, which had been blessed with visionary leaders—Mahatma Ghandi, Jawaharlai Nehru, Indra Ghandi and Manmohan Singh, corrupt coup rulers, who sacked elected leaders, a who shoved aside the committed and patriotic leader have bestrode the Nigeria’s corridor of power since January 15, 1966.

    Apart from plunging the country into a protracted civil war, the soldiers of fortune prolonged the tortuous journey to civil rule, jettisoned merit in favour of expediency, ruled without peoples’ consent, annulled the most credible and unifying election and created a club of rich military elite, who persistently threaten the country with their ill-gotten wealth.

    In a paper titled” “Nigeria in search of true federalism”, a political scientist, Prof. Dipo Kolawole, lamented that the military has damaged the federal structure, adding that it has been difficult to repair it. He pointed out that the practice of unitary system is incompatible with the Nigerian reality

    Kolawole, former Vice Chancellor of University of Ado-Ekiti, also observed that the power-loaded and financially strong central government has reduced the component units into weak, unequal 36 states and obviously ineffective 774 local governments..

    But more worrisome to Okunrounmu is Okurounmu corruption in high places.He accused the leaders of crass opportunism and greed, stressing that they have wrecked havoc on the national treasury as huge sums of money budgeted for developmental purposes ended in their personal bank accounts. Frowning at their corrupt tendencies, the politician said the over $300 billion , which according to World Bank, had been stolen by them, could have solved the power problem, if properly channeled.

    ‘After looting the treasury, they are given GCFR, which is understood to mean the Grand Corruptor of the Federal Republic’, he fumed.

    Other critics have objected to the practice of presidential system, claiming that it is too expensive to run. Eminent lawyer Prince Bola Ajibola advocated a return to the parliamentary system. He said that, apart from its cost-effectiveness, it will foster accountability.

    “The nation only exists for the political class, which is not more than one percent of the population’, he lamented.

    Former university don, Prof. Itsey Sagay (SAN chided the lawmakers for awarding fabulous salaries and allowances to themselves while most Nigerians cannot afford the basic needs of life. He also flayed them for ignoring the wish of the people for a thorough overhauling of the 1999 Constitution.

    However, the greatest headache of Nigeria at 50 is democratic consolidation. Thus, Prof.Tunde Makanju, a sociologist at the University of Lagos described the fifty years of independence as fifty years of problematic elections. Unlike neighboring Gnana, which had successfully stabilised its democratic process, Nigerian election, in the words of Ajibola, is a tragic comedy. Thus, while the country has achieved civil rule, democracy is still unattainable. Again, the implication is that the country is under the spell of illegitimate rulers.

    Former Lagos State Governor Bola Tinubu, who described the electoral malaise as the greatest challenge, bemoaned the spate of electoral malpractices rocking the periodic polls, saying that it has cast Nigeria in the mould of an immature nation. He said the giant of Africa has failed to lay an example of electoral probity on the continent.

    ‘A rigged electoral system often turns simple, routine voting in other countries into do or die violence bordering on civil war. This rigged electoral process has also succeeded in imposing few illegitimate leaders at the top to dominate the bottom millions at the base. This has further deepened distrust between the leaders and the led.

    ‘The patent lack of fairness in the system has led to the consolidation of ethnic politics, with each ethnic group that has a shot at power thinking it is its turn to milk the common patrimony. A lack of social infrastructure, well entrenched in developed countries and welfare states, has led to grinding poverty, which has often led to the corruption of voters and prostitution of the vote. For as little as N500, unscrupulous politicians often buy voters cards off very poor and ignorant citizens’, he stressed.

    But, is the hope lost for Nigeria at 50? No is the answer by Tinubu. The country only needs to act fast, he advised.

    The first step, he said, is the reform of the electoral system to ensure electoral probity. His contention is that, reforms would usher in an atmosphere of free and fair elections.

    “There is urgent need for a new generation of leaders that would clear the cobwebs of decadence and political scavengers. This new generation of leaders must take our dear country to its manifest destiny. If this happens, we would have laid the foundation for rapid socio-economic growth and development for the next 50 years’, he added.

    Makanju called for a serious assessment and stock taking by the stakeholders. He said they should devise a method of moving the country forward.

    But Okunrounmu canvassed concrete solutions. He called for stiff penalty for financial corruption and rigging. “We should stop adulating our corrupt leaders. We should start shaming them publicly”, he said.

    Lagos State Governor Babatunde Fashola called for the reassessment of politics and values, urging the political class to return to politics of principle and ideology. Apparently criticising the lopsided federalism, he also warned that a nation that is not erected on truth and justice cannot attain progress.

    But, Kolawole said that, for Nigeria to have a true federalism, the fiscal policy must reflect equality of rights, equality of obligations and equality of access to positions. He also said that power must be more decentralised to reduce the attraction of the centre.

    While endorsing the above suggestion, the leader of ‘The Patriots’, a group of elder statesman, Prof. Ben Nwabueze, said the solution to the ills of Nigeria can only be solved when a Sovereign National Conference (SNC) is convened. So far, this has been elusive.

     

  • Can’t Nigeria diversify its economy?

    Can’t Nigeria diversify its economy?

    MUSA ODOSHIMOKHE  writes on the importance of the diversification of the economy to Nigeria in its search for economic growth, development and stability.

    Since independence, Nigeria has evolved from agro economy to oil economy. The abundant mineral resources , including limestone, lead, zinc, iron ore, coal, and uranium copper, bitumen have made significant contribution to the Gross Domestic Product (GDP).

    In the early sixties, the regions took advantage of their economic viability to project the country to heights that attracted the envy of other counties, not only in Africa, but across Asia, Europe and the Caribbean.

    But, with the discovery of oil, the country gradually shifted from agriculture and other allied products to the oil,which has now become its undoing in its quest for economic stability.

    House of Representatives member Hon. Lanre Odubote said: “Talking about Nigeria’s economy, since we got independence in 1960, it is quite unfortunate that we are still where we are today. If Nigeria has been able to get its act together, it would have been one of the economically advanced countries in Africa. Unfortunately, the military incursion distorted our philosophy, struggle and aspiration.

    “By the time we deviated into what I call unitary system of government, instead of federalism, where there will be competition among the units or states, this was not so. That is where we started missing the point. Now, we are moving into an area where we have one single source of revenue, which is oil. By the time we moved to oil, instead of the agricultural sector, which was the benchmark of our economic development at independence, we killed the dream of our founding fathers.

    “For instance, it was through agriculture that the Cocoa House at Ibadan was built; the Independence House in Lagos and other landmark structures were achieved through agriculture. I really want to say that the oil economy has been a curse to the country and not a blessing it was supposed to be”.

    Pro-National Conference Organi-sation (PRONACO) chieftain Comrade Linus Okoroji said Nigeria has gradually denied itself the blessing, which nature has bestowed on her.

    He said: “Look at all the mineral resources that are all over the country, today nobody is talking about them. They have rather concentrated on oil money and everybody is thinking in that direction. Those who leave school are now only interested in working in the oil sector as if that is where they can only earn a living. “This is because the government has not encouraged the development of the other sector. States of the federation have abandoned their mineral resources and they now look up to the federal government for their monthly allocations.

    “This trend must change because the oil will dry up some days and it will be too late to cry then. The government must go into mechanized farming, build infrastructure that will assist other sectors to grow.

     

    Agriculture

     

    This is one of the oldest sectors of the economy that has supported the country’s growth. In the First Republic, the groundnut pyramid in the North contributed to the development of the northern region. The region’s abundant hide and skin was equally of immense value. In the West, cocoa, rubber boosted the region’s economy while palm products in the East were handy to help their growth. If government can channel enough resources into agriculture, the economy will pick up again instead of depending of crude oil for its major income earner. In the northern part of the country, the land remains is largely arable and is still lying fallow. Yet, government has continued to push the people to the wall by over concentrating on petroleum for its revenue. Through Fadama agriculture, farming all season can be achieved. So it is no longer the tradition that people would have wait for particular season of the year before they could plant their crops. Through the export of cash and food crop most states of the federation would not need to get too bothered about federal allocation of efforts are geared in this direction.

     

    Fisheries

     

    The country is blessed with two major rivers; Rivers Niger and Benue, which flow throughout the year. There are other inland water ways which can supply fish, crabs and other sea foods. The country can tap into this area and made huge money, which it can use to sustain other sectors of the economy that are begging for attention. A lot of unemployed graduates and other job seekers, are already tapping into fish farming as a way to earn a living. The government on its own can look into this area, create the enabling environment for investors to tap into. This will enhance the economy.

     

    Telecommunication

     

    The sector used to suffer from the absence of competition in the past. But with the deregulation of the NITEL, other private communication outfits came into the sector. This has not only help in increasing the volume of trade in the country but has assisted in opening avenue of information through which public policies are explained. The telecoms is a money spinner for the advanced economy and this could also help in the Nigerian situation. The sector has provided employment opportunities for Nigerian. Those engaged in the sector are ranked among those who earn good wages in the country, apart from oil workers. The country will make progress, if the sector is made to grow beyond the position it is through public and private partnership. Most of the fish that are produced are not well preserved; locals who engage in fish farming have no reservoirs where they could store the quantities that are not immediately needed for sale or consumption. The country has lost millions of money in the process.

     

    Real estate investment

     

    Real estate investment is one of the lucrative businesses in the country. The sector comprise of two major properties; the low end and the high end. The low end is for low development, which is driven by investments from individuals and corporate bodies, mostly in form of residential buildings. The high comprised high valued investment. The sector has redefined the face of investment in the country; it attracted most of those who invested shares which crashed due to unstable economic policy. The sector has widened the scope of investment for those in the public service through government monetisation policy, which had increased the volume of cash in their hands.

     

    Manufacturing

     

    Manufacturing sector includes cement production, detergent, beverages productions, toiletries, textile etc. The industry engages Nigeria’s skill and unskilled personnel. The sector has made unquantifiable monetary contribution to the economy since independence. It has helped mopped up the labour market that has been infested with an army of unemployed youths. This sector is still begging for government intervention, this could be achieves through the provision of the basic amenities that can help build the industry. The textile industry, for instance, is dying because of government policy, which has made most of them to close shops. The industry has laid off many employees, who are still roaming the streets in search for employment. The provision of good road, stability of the power sector and provision of pipe borne water will bring life to the manufacturing industry.

     

    Finance and insurance

     

    Financial institutions have attracted both local and international investors. Though capital flight is common here, the volume of money, which still circulates in the economy is encouraging. Government has not completely left the sector in the hands of private or foreign bodies. However, government’s constant intervention through its fiscal policy has driven many banks aground while some have merged. When the country was passing through financial crisis, the Central Bank of Nigeria (CBN) introduced the Asset Management Company of Nigeria (AMCON), which has brought some level of sanity to the financial system. Stakeholders still believe that government needs to do more to encourage interested investors in the sector. The financial institution, if well positioned, will redouble its income earnings for the country.

     

    Mining and extraction

     

    The abundant mineral resources in the country have not been adequately tapped. Unfortunately, the industries which would have been making use of the mineral are fading aware for lack of access to the products. For instance Niger State is very rich in gold yet they have not been well utilized, the coal in Enugu State is gradually taking the back stage as all attention now shift to petroleum products. In the country some of them include; granite, colimbite, marble, tin, phosphate, zinc, kaoline, clay, tourmaline asbestos, etc. If these resources are utilized the through the establishment of companies that make use of them. The country stands to benefit if these resources are embrace and used adequately.

     

    Transportation and aviation

     

    These are critical sectors that can yield revenue to the government, if they are properly organised. Their impact on the economy has been felt the world over. These include air, water and roads transport.

     

  • Nigeria at 53: Nothing to celebrate

    SIR: It’s always a thing of joy to have one’s desire realized, especially if one had worked hard to realise such desire. While the joy of Nigerians may have known no bounds at our attainment of independence on October 1, 1960, the question is: to what extent can we really say that we have achieved the visions that propelled that desire and quest 53 years on?

    Nigeria has had a chequered political history from military interregnums to democratic distortions with the result that Nigeria has not fared well politically.

    Up till now, Nigerians cannot beat their chest about a stable political milieu where institutions and structures of government are performing optimally and satisfactorily. More than a decade of uninterrupted democratic dispensation, there is virtually nothing to prove that we are on the verge of being politically vibrant.

    Socially, Nigeria is eclipsed in ethnic and tribal bigotry, favouritism, nepotism, and religious intolerance. Our educational system is everything but functional. Coincidentally, our country is celebrating this year’s independence anniversary in the midst of a dysfunctional university system –grounded for three months now as a result of strike by university teachers.

    What about our health system? I hear a typical Nigerian scream: “no go area”! And that is exactly what it is! If not, our ruling and affluent class would not be travelling en mass to other countries for medical attention.

    No matter how one views it, all has not been well with our economy ever since we transited from being agro-based and productive nation (in the pre-independence, independence and early post independence period) to an oil-based consumer nation (starting from the 1970s period of oil boom to date). If not, how can one account for the all-time high levels of abject poverty, unemployment and astronomic costs of living prevalent in the land?

    How can anyone deem our 53rd Independence Anniversary commemoration worthwhile amidst the shades of corruption, insecurity, anarchy, leadership ineffectiveness and inefficiency, the widening gulf between the rich and the poor, socio-economic cum political somersaults, and what have you that is preponderant in the country?

    Today, available indicators have shown that the foundations upon which Nigeria is built is everything but firm. There is no doubt about the urgent need to re-visit and re-assess these foundations to ascertain their viability or otherwise.

    Rather than engage in habitual flamboyant and frivolous way of commemorating the anniversary, we should take time-out to reflect on the state of affairs in the country and come up with the best ways to tackle the myriad of socio-economic, political and leadership challenges confronting us.

    Our leaders at all levels and indeed, Nigerians in general, have got to wake up to stem the tide of corruption, nepotism, individualism, immorality, avarice, wickedness, and lack of patriotism that have been hampering our development. We need to work hard to realise the Nigeria of our dreams where peace, love, unity, tranquillity and progress truly pervades.

     

    • Daniel Ndukwe Ekea

    Umuahia, Abia State

     

  • Modernising legal practice in Nigeria: Challenges and prospects

    It is now the norm for senior lawyers to refer to our younger colleagues as “my juniors”. I refer to my younger colleagues as my colleagues. I sincerely hope I am not in the minority.
    This is a classic case of “physician heal thyself”. A lot of in-house cleansing needs to be done if we are to improve the quality of our lawyers.

    Welfare of young lawyers
    This is a fall-out from the issue earlier discussed but its importance is such that it deserves a separate heading. There is a question that never seems to receive answers. It is a simple question; what happens to a lawyer after he is called to the Bar? After all the fanfare of graduation and celebrations, what becomes of this new entrant to our prestigious profession? The answer? Nothing. He/she is on his/her own the moment he/she is called to the Bar. Are they introduced to the Nigerian Bar Association the day they are called to the Bar? No. Do they meet the principal officers of this illustrious association to which they now belong? No. So from the beginning, a young lawyer learns to adopt the law of the jungle. If he is lucky to serve out his National Youth Service Corps (NYSC) scheme in a law firm, then this early mis-alignment can be corrected. If he is not, then he/she continues to move parallel to the Legal Profession and misses the early, teething stages. What has been done to ensure that lawyers only serve out their National Youth Service Corps (NYSC) scheme in Law Firms, Federal and State Ministries of Justice and other similar places of work? Some lawyers still serve Nigeria for one year by teaching English Language or History in Secondary Schools.
    The situation is even worse when one considers the pittance that over 90 per cent of young lawyers receive. It may interest my illustrious colleagues to know that there are some law Firms where young lawyers receive as little as N10,000 per month. Some even pay less! Despite this, we expect the young lawyer to dress well, possess the necessary law reports/books and have confidence. How exactly is a young lawyer not to be discouraged by this in the face of other job opportunities in the legal departments of blue-chip companies where he mostly receives a lot of money for little or no legal work?
    The plight of young lawyers should be addressed. Unlike what we had in the past, when there was only one campus of the Nigerian Law School, we now have more campuses which churn out lawyers every year. The result is that we now have more lawyers than we ever did. Naturally, competition for jobs has increased, meaning we have more ‘unemployed’ lawyers than before. I expect the Nigerian Bar Association to find time to address the issue before it spirals out of control. Already we have several lawyers who now work in Banks and other blue-chip companies as marketers and advertisers. We want to encourage the young ones and not scare them away from the legal profession.
    Young lawyers rarely receive any assistance from the Bar in their formative years (I like to refer to the first five years of legal practice as the formative years) and this is one of the biggest problems we will face in our attempts to modernise legal practice in Nigeria. It has created a group of desperate young men and women who will stop at nothing to survive. The Nigerian Bar Association and senior lawyers will have to pay more attention to these young lawyers.

    Inadequate disciplinary m,easures
    A lawyer connotes honesty, integrity and dedication. Can we honestly say that about every lawyer that practises in Nigeria today? Can we randomly call out a lawyer in Nigeria today and find these qualities in him? There is no doubt that we have lawyers who live by these principles but the truth is that the wolves have been let loose amongst the sheep. The bad eggs have infiltrated the profession and have affected the perception of the public about lawyers. We have lawyers in Nigeria who convert their clients’ money, lawyers who collude with the adverse party, lawyers who dress shabbily, lawyers who withhold vital information from the court, lawyers who forge documents and a host of other misfits. How many of these lawyers have been warned, punished or banned from Legal Practice? The truth is that some of these misfits either believe they are untouchable or they feel they are doing the right thing. The disciplinary measures are hardly carried out because these matters are never reported. One must acknowledge the contributions of the current Chief Justice of the Federation, Hon. Justice Aloma Mukhtar, in not only cleansing the Bar but the Bench as well.
    These bold actions have stripped our profession to the bare bones and have shown us the grim truth. The fact is that over the years, disciplinary measures have been grossly inadequate. Her Lordship’s attempts at reminding us that we are lawyers are therefore most welcome and one hopes these reforms and bold actions will continue even after this present administration has left office.

    Too many small law firms
    One of the biggest obstacles to the modernization of legal practice in Nigeria is the number of small Law Firms. It seems every lawyer wants to own a Firm these days. Mr. A is called to the Bar, he serves in Lagos State and later carves out a little shop from where he starts his practice. Never mind that his signboard has the usual “& Co.” More often than not, he is the only one lawyer in Chambers. He survives on all kinds of briefs, often struggling with Estate Agents for the five per cent Commission during property conveyance. He is found in Police Stations, lending further credence to that degrading moniker for Lawyers, “Charge and Bail”. In a shopping complex, there could (20) or more of such “Chambers” where a single lawyer practices but gives off the impression that it is a Firm which has many other lawyers. There are other Law Firms with a sizeable number of lawyers who are usually underpaid and have very small offices. Some have big offices but very few briefs. Only a few can truly be said to be of international standard. Because a lot of our Firms are not “firms” in every sense of the expression, there is a glaring lack of funds, specialisation, personnel and equipment. One thing the foreign Firms have going for them is their willingness to merge in order to adequately cater for the needs of the Firm. Not many Firms in Nigeria have the following:

    (i) At least 30-40 Associates or Junior Lawyers.
    (ii) At least 10 Partners.
    (iii) At least 4 branches in Nigeria, excluding those in foreign jurisdictions.
    (iv) Constant electricity supply in all the branches.
    (v) Internet services.
    (vi) Good salaries/allowances and Welfare packages for lawyers.
    (vii) Sponsorship of lawyers to international and local legal conferences.
    (viii) Clients from the government, multi-national companies, individuals, foreign companies, political parties, etc.
    (ix) Lawyers who can practise outside Nigeria.
    (x) Lawyers grouped into various departments allowing for specialization.
    The average corner shop in Nigeria masquerading as a Firm cannot achieve all these. We therefore have a lot of small Firms and very few big Firms. Quite naturally, the small Firms are supposed to be more than the big Firms but in Nigeria, the disparity is even more pronounced. Many of our Firms are therefore unable to compete internationally because they are ill-equipped and lack the requisite specialisation. Finally, the reason a few of our Law Firms are rated globally is because those few Law Firms at least have some semblance of a large Firm and not the average Nigerian law Firm.

    Little or no professional motivation
    How do we keep the young Nigerian Lawyer hooked to the profession? How do we keep him/her interested and how do we keep the interest from waning? The truth is that legal practice is supposed to be an illuminating experience which ends up in fulfillment. A young lawyer who harbours hope of becoming a Senior Advocate should be encouraged. Unfortunately, the slots are limited. Apart from making money therefore, there is hardly any aspiration for the young lawyer. One can therefore understand why they end up in the banking industry for instance. If money is the ultimate goal, then it can be acquired somewhere else. The conferment of the award of Senior Advocate of Nigeria (SAN) is restrictive as the current guidelines do not encourage partnership between individual lawyers or even between Firms as they now include a condition that a Partner in a firm who wishes to apply for the position, must have been a partner in that Firm for a period of at least five (5) years before the application for the rank was made. For the avoidance of doubt, Section 20 of the latest Guidelines for the conferment of the rank of Senior Advocate of Nigeria states thus;
    ( 1)In determining whether an applicant qualifies as a partner for purposes of conferment with the rank of Senior Advocate of Nigeria, the Legal Practitioners Privileges Committee shall among other criteria (including but not limited to inheritance) have regard to proof of substantial proprietary and financial interest of the applicant in the said partnership, evidenced in a stamped deed under the hand and seal of all members of the said partnership in respect of the assets and infrastructure put forward for inspection which deed shall in all cases be in place for at least 5 years prior to the application at the chamber inspection stage:
    Provided always that if such deed is adjudged by the Legal Practitioners Privileges Committee to have been made for purposes of the applicant’s application, the candidate and members of the said firm shall be barred from applying for a period of ten years and if such discovery is made after conferment, it shall constitute a ground for withdrawal of the award.
    What this invariably means is that it would not matter if at the point of joining the said partnership, the said partner was already qualified to apply for the rank of Senior Advocate of Nigeria (SAN). Let us imagine a scenario in which Mr. A possesses all the requirements for the conferment of the rank of Senior Advocate of Nigeria (SAN) as envisaged under Section 14 (2) of the Guidelines for the conferment of the rank of Senior Advocate of Nigeria (SAN)13, which states thus:
    14.(1) Every candidate will be required to provide particulars of contested cases which he considers to be of particular significance to the evaluation of his competence in legal practice and contribution to the development of the law. The candidate shall attach a certified true copy of all the judgments referred to in his application which shall be neatly arranged, indexed and bound.
    (2) Where cases are reported in a well known law report, it would be sufficient to list such cases stating the reference or citation.
    (3) Where the cases are not reported the candidate would be required to provide certified hard copies of such cases along with his completed application form.
    (4) An applicant shall provide particulars of cases as follows:
    (a) 8 judgments of the High Court;
    (b) 6 judgments of the Court of Appeal; and
    (c) 3 judgments of the Supreme Court
    Where it is manifest that the applicant himself has conducted the case from the High Court up to the Supreme Court provided that where the applicant submits cases in which he has appeared only at the Supreme Court he will be required to submit 6 judgments of the Supreme Court to qualify.
    (5) In providing particulars of contested cases, applicants shall provide particulars of recent cases that demonstrate that the applicant is:
    (a) Currently engaged in fulltime legal practice; and
    (B) Abreast with current developments in the field of law.

    15. (1) The Legal Practitioners Privileges Committee shall conduct a physical inspection of the chambers of all candidates that have made the final list. The chamber inspection is geared towards evaluating the level and quality of the facilities provided in the chambers and shall take into account the:
    (a) Size and quality of library;
    (b) Quality of office space and other facilities available;
    (c) Number of junior counselor partners in chambers;
    (d) Number and quality of support staff; and
    (e) Maintenance of proper books of accounts.
    If we are to go by the restrictive provision of Section 20 (1) of the said guidelines, then it means that fulfilling the conditions would not matter if the applicant joined a Law Firm as a partner 5 or 6 months before applying for conferment. What we have been told in no uncertain terms is that if a young, budding advocate fulfills about 80% of the requirements in his first 9 years of practice as a Counsel working for about 3 different Firms over the years and then joins one of the biggest Firms in the country where he fulfills the remaining conditions within a year, section 20(1) will still render him ineligible. This restrictive provision will hamper the development of significant partnerships between law firms in Nigeria and it is only through the mergers of law firms that Nigeria’s Legal practice can honestly hope to compete favourably with what applies in other countries. In addition, these restrictions keep many a lawyer disillusioned as it means he may have to wait for a long time (15-20 years) to be eligible for the rank, despite having fulfilled all the conditions, except for the ‘5 years rule’ within 10 years.
    The lack of a motivating factor is one of the reasons young lawyers now merely wrinkle their noses at the common advice given by older lawyers which is, ‘wait for your time’. Those who cannot wait simply migrate in droves to other professions.

    (a) Lack of specialisation
    The saying jack of all trades, master of none adequately describes a substantial number of Nigerian lawyers. Because several young lawyers are left to fend for themselves at such an early age, they dabble into any aspect of law. Property conveyance, Criminal law, Company Law, Election Petitions etc. There is hardly any lawyer that has not tried at least one of these areas of law once. While it enables a lawyer to broaden his horizon, it leaves him averagely grounded in each area, like a butterfly that floats from one flower to another without really settling down. This is even more pronounced if he fails to carve out a niche for himself. Nigerian firms need to identify the strengths and weaknesses of their lawyers and build upon those strengths. In foreign countries, specialization is a common feature.

    There are personal-injury lawyers, insurance lawyers, settlement lawyers (lawyers whose specialty is that they close settlement deals), criminal litigation lawyers, constitutional lawyers, lawyers who are experts in international financial crimes, entertainment lawyers and sports lawyers. Because they are firmly grounded in specific areas of law, lawyers in advanced jurisdictions can be said to be truly specialized. Most Firms abroad have specific lawyers for specific legal issues while there are even instances in which an entire Law Firm consists of lawyers who are experts in a particular field of law. Consequently, the Firm is known for its expertise in that particular area alone and corners that particular part of the market to itself. It is not an uncommon sight for foreign companies to prefer that their transactions be handled by foreign Law Firms who possess the requisite expertise in that particular field. For instance, not many Nigerian lawyers are well versed in the maritime law field. Likewise, sports law and entertainment law are areas that have not been substantially tapped by Nigerian lawyers. The reason is quite obvious. Most Nigerian lawyers are so focused on the same areas of law that they have allowed other areas to escape their notice.

    A typical Nigerian lawyer just wants to make enough money to feed himself and his family. He does not intend to leave a mark in the sands of time and contribute his quota to the development of legal practice in Nigeria. This is why we need to encourage Nigerian lawyers to ensure that they are specialized in a particular area of law. For instance, the concept of plea bargain, while still relatively new to Nigerian legal practice (about 5-10 years old), had long been a part of legal practice in more advanced jurisdictions due to the fact that it reduces the time and energy spent in trying to convict a suspect. In the United States of America, there are lawyers who specialize in Plea Bargain alone and who succeed in working out a good deal between the suspect and the state. Nigerians are yet to embrace and utilize the concept. Indeed, few Nigerian lawyers will touch it, even with a 20-foot pole, because it is believed to be a sleazy brand of practice. Nothing could be further from the truth. The concept, while reducing the unnecessary delay that has become part and parcel of our practice, helps to develop our legal system and also draws it closer to the legal systems of other, more advanced jurisdictions.

    Specialization does not mean that a lawyer will lose touch with other areas of practice; it simply means that there is that one area of practice where he has carved out a niche for himself. To this end, lawyers should attend courses and workshops within and outside Nigeria which focus on their areas of interest. Law Firms can also sponsor their lawyers within and outside Nigeria in respect of these courses and workshops. The more specialized lawyers we have, the more developed our Legal practice will be. As it is now, our legal practice is largely behind the times and finds it difficult to keep up with the pace set by other advanced jurisdictions as there is little innovation.

    (b) Undue delay in our courts

    As misleading as this heading may seem, the blame here lies with both the Bar and the Bench. Some judges sit very late while others sit sporadically. When they do come to court, they are in a hurry to usher off the dramatis personae (namely, the lawyers) from the stage as soon as possible. They adjourn at the slightest prompting and may even take months to write a simple ruling on the admissibility of a document. Lawyers too shoulder a healthy portion of the blame, often seeking needless adjournments, frivolous amendments to pleadings, Notices of Appeal and briefs. Some have even been rumored to collude with court officials (without the knowledge of the judge) and smuggle in documents which the judges rightfully refuse to acknowledge when the matter comes up. Some cases (land matters are particularly notorious) have been known to last as much as 20 years including the determination of Appeals both at the Court of Appeal and the Supreme Court.

    Of particular concern is the use of Interlocutory Appeals to frustrate cases. An interlocutory appeal is an appeal against an interlocutory decision of a trial court or against the interlocutory decision of the Court of Appeal. An appeal against an interlocutory decision of a trial court must be made within 14 days otherwise leave of court will be required. Section 242 of the 199914 Constitution states thus:

    242.
    (1) Subject to the provisions of section 241 of this Constitution, an appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal with the leave of the Federal High Court or that of the High Court or the Court of Appeal.

    (2) The Court of Appeal may dispose of any application for leave to appeal from any decision of the Federal High Court or a High Court in respect of any civil or criminal proceedings in which an appeal has been brought to the Federal High Court or a High Court from any other court after consideration of the record of the proceedings, if the Court of Appeal is of the opinion that the interests of justice do not require an oral hearing of the application.”
    It is not uncommon for the determination of an interlocutory Appeal to take years, by which time a stay of proceedings would have been granted, thus stalling proceedings at the lower court. Interlocutory appeals even go on to the Supreme Court from the trial court in most cases. By the time the interlocutory appeal is concluded at the Supreme Court and the matter returned to the trial court, as many as 10 years could have passed. In a country with a life expectancy of 49 years, some witnesses might have died and documents might have been lost. The trial judge might have been transferred to another court thus necessitating that the matter be tried de novo. Justice is unwittingly defeated in such matters, thus burying our legal system beneath undue technicalities.

    The technical nature of both Criminal and Civil matters has led to the rise of other means of Alternative Dispute Resolution like Arbitration and Mediation, the final decisions of which could be entered into a court as a consent judgment. At this rate, Arbitrators and Mediators, some of whom are non-lawyers, may end up handling matters outside the court of law and entering the Award or Decision as a consent judgment of the court to the exclusion of lawyers, who may only appear at the time the consent judgment is being entered.

    Another often overlooked issue which causes undue delay in our courts is the fact that our judges record in longhand. Apart from the undue delay occasioned by this archaic means of recording, Nigerian judges also have to cope with the attendant health problems associated with writing constantly (Judges preside over several cases in a year and take down proceedings, also write rulings and judgments). In advanced countries, other means of recording have been utilized, such as the use of tape recorders and stenographs. A stenographer’s job is to transcribe most if not all court proceedings. This may include transcription of all testimonies, arguments and rulings as they occur. While there are understandably some reservations over the suggested use of some of these new methods (for instance, the stenographer, being inexperienced, might leave out some vital parts of proceedings but the blame still falls on the judge), the advantages outweigh the disadvantages.

    The undue delay which hampers legal practice is one which we must fix if our profession is to reclaim past glories. There is no reason a case cannot be concluded within 12 or 18 months.

    (c) Admission Into the Nigerian Law School

    Despite the high number of lawyers produced annually, the Nigerian Law School is unable to absorb all law graduates from the Nigerian Universities at a time. At the moment, about 36 Universities have been accredited by the Council of Legal Education to offer law degrees. This is in addition to those who study law in foreign Universities that undertake the Bar Part I examination before the Bar Finals (Bar Part II). In 2011, 374 students were admitted into the Bar Part I programme. Accreditation is normally done by the Council of Legal Education and the National Universities Commission. Unfortunately, almost all Universities exceed their quota and the consequence is that we have many law graduates who cannot be admitted into the Nigerian Law School.
    In Nigeria, unlike in the United Kingdom, admission to the Nigerian Bar is admission to practice as a Barrister and Solicitor15. In view of the fact that the Nigerian Law School cannot accommodate all law graduates from Nigerian Universities and not all those called to the Nigerian Bar practice as Barristers or Solicitors, we believe that the time has come for us in Nigeria to revisit the curriculum for the training of lawyers so that there is an option for those who do not intend to be called to the Nigerian Bar or when called do not intend to practice as Barristers or Solicitors.

     

    (d) Separation of the Council of Legal Education from the Nigerian Law School

    Since the passage of the Legal Education Act in 1962, the Council of Legal Education and the Nigerian Law School have become static. From a humble beginning at Igbosere in 1963, we now have many campuses of the Nigerian Law School that are centrally controlled in terms of admission and examination. There are clamours for private law schools or an adoption of the American model where each University has its own law school.

    In the UK, from the original four Inns of Court, there are now ten institutions that run the Bar Vocational Course. According to Idornigie16

    “Legal Training in the United Kingdom from which that of Nigeria evolved has changed. Today, to become a Barrister in the UK, an aspirant undertakes the Bar Professional Training Course (Bar Vocational Course or BVC)17. The BVC is a graduate course that is completed by those wishing to be called to the Bar, i.e. to practice as a barrister in England and Wales. The ten institutes that run the BVC18 along with the four Inns of Court are often collectively referred to as ‘Bar School’. This vocational stage is the second of the three stages of legal education, the first being the academic stage and the third being the practical stage, i.e., pupillage”

     

    SUGGESTED SOLUTIONS
    The following are suggested solutions to these highlighted problems. It is hoped that they will go a long way in modernizing legal practice in Nigeria.

    (a) Upgraded Curriculum in Nigerian Universities

    Over 70% of a Lawyer’s foundation is the job of the University he/she attends. It is therefore important that the Universities prepare a law student adequately for the complexities of legal practice. A lawyer is not just about intelligence and great wit, he is also supposed to be honest and above board. I am well aware of the fact that the issue is sometimes out of the hands of the Universities as the foundation of some students might have been severely damaged in Secondary School. Education in Nigeria is at its lowest ebb. If you doubt this statement, you might want to interview some of the increasingly unemployable graduates that are turned out yearly by our Universities. You might want to consider the poor West African Examinations Council (W.A.E.C) results that Nigerian Secondary School children bring home nowadays19

    At the Law School, a law student is introduced to the ethics of the profession but one wonders if nine (9) months is not too short a period for this. The Law Faculties could be made to incorporate professional ethics into their curriculum over the five (5) sessions that a law student is expected to spend in the University. Overtime, the ethics of the profession become engraved in the minds of the law students who will most likely know them by heart by the time they become lawyers. This same solution could be applied to other aspects of law in which lawyers experience problems today. That way, the introduction to procedural law is gradual and not sudden. It should also be a pre-condition that a Law Student must be found worthy both in learning and in character before he/she is sent to the Nigerian Law School. This will go a long way in preparing law students for the side of law which is nothing like what they have learnt in the University.

    (b) Better and More Experienced Teachers

    The Universities and to a lesser extent, the Nigerian Law School, are the factories in which an aspiring lawyer’s foundation is built. By the time law students proceed to the Nigerian Law School for the relatively short period (9 months) that they would be there, the seeds sown during their time at the University (where they spend about 5 years and in some cases, more) would have taken hold, molding them into lawyers that they will be. If they were badly taught at the University, it inevitably comes around to haunt them in the future. The Nigerian Law School equips them for Legal Practice but what has been learnt for 5 years cannot be compared to what is learnt in 9 months. The Faculties at the Universities therefore have a lot to do if they are to produce competent law students and by extension, competent lawyers. A lecturer who has problems with the English language would naturally unwittingly influence his students in that regard. The Universities therefore have to ensure that the right lecturers are employed in their faculties. Periodic accreditation programmes by the National Universities Commission (NUC) and the Council for Legal Education (Nigerian Law School) would also help to ensure that the faculties of law have the requisite teaching personnel and the right learning environment for their law students.

    (c) Compulsory Pupillage for Young Lawyers

    It is important that a young lawyer is brought under the tutelage of a senior lawyer in his formative years in legal practice. This protects the young lawyer from engaging in unsavoury professional conduct during those years. In the United Kingdom, a newly called Barrister is not allowed to practise until he/she undergoes the compulsory one-year pupilage in a law firm. I think this should be introduced in Nigeria as well. We could even make the period of pupilage 2 years. This way, a young lawyer, while avoiding temptation, is gradually introduced to the intricacies of the profession instead of jumping in headlong and opening a non-descript office akin to the death clinics opened by unqualified doctors.

    (d) Welfare Package for young lawyers

    Young lawyers are the future of our Legal Profession. They are our legacy. It is therefore important that we do not drive them away from the profession with inadequate mentoring and low salaries/allowances. A welfare package for young lawyers will include the following:

    (i) A reasonable minimum wage which every employer must conform with and which must cover basic needs like housing, feeding, transportation, health, etc.
    (ii) Reduced practicing fees.
    (iii) Reduced Nigerian Bar Association Conference registration fees.
    (iv) Sponsorship by the Bar for Continuing Legal Education.
    (v) Sponsorship by the Bar for regular, beneficial workshops where skills like advocacy and drafting are taught.
    (vi) Support from the Bar in the event of accidents.
    (vii) An allowance which the young lawyer receives even when he/she is unemployed.

    Young lawyers deserve these and more. They pay practicing fees from their meager salaries and wait patiently for the promised riches. While I am aware of the need to ensure that Young Lawyers work hard and pay their dues before they make money, I also believe they deserve a basic welfare package.

    (e) Merger of Firms

    This is definitely the hardest solution for my learned friends to accept. The truth is that we have too many small law Firms in Nigeria doing basically the same thing. Many of such firms contain only one lawyer but give the impression that there are several lawyers. They are mostly land speculators who can barely run themselves, talk more of a Law Firm. Most of our true law Firms have no international outlook whatsoever and certainly do not allow for specialization. Some Firms in developed countries have between 2000 and 3000 lawyers. It is my suggestion that more law Firms enter into partnerships. The smaller ones can be absorbed by the bigger ones. With such mergers, the following will be immediately discerned:

    (i) The Firms will have more Lawyers;
    (ii) There will be more departments, thus leading to specialization on the part of Lawyers;
    (iii) More funds, meaning the Firm can be properly run;
    (iv) There will be stable electricity and stable internet supply;
    (v) Better decisions will be taken due to broader consultation;
    (vi) Bigger salaries and allowances for lawyers;
    (vii) Lawyers can be assisted financially and academically;
    (viii) The Firm can manage its lawyers’ welfare better;
    (ix) The Firm has more branches in Nigeria and abroad;
    (x) The Lawyers in these larger Firms can compete with the best in the world; and
    (xi) The Firm can offer services to clients in different countries, operating different time-zones.

    In the United States of America, the National Law Journal’s 2012 list of the 350 biggest firms in the United States (the “NLJ 350”) listed the Firm of Baker & McKenzie LLP which had 714 Partners, 2,453 Associates and 603 other workers20 as the biggest Law Firm in America with the income generated in 2010 alone pegged at $2,104,000,000.0021 (Two Billion, One Hundred and Four Million Dollars).

    The title of the World’s largest Law Firm now belongs to DLA Piper LLP which in 2012 made over $2,440,000,000.0022 (Two Billion, Four Hundred and Forty Four Million Pounds) and has 1,032 partners. The biggest Law Firm in the United Kingdom, Clifford Chance LLP, and third largest in the world, according to the 2010 ranking, made over 1.8 Billion Pounds in 2010 alone! In the period between 2011 and 2012, Clifford Chance LLP had revenues of over 1.3 Billion pounds and profits per equity partner of 1.1 Million pounds23. There are no prizes for guessing how much money these Firms have made over the years. In that same year (2010), the lowest ranked law Firm on the prestigious list according to revenue was Dorsey & Whitney LLP with an income of Three Hundred and Forty Two Million Dollars24 ($342,000,000.00).

    In recent years, Baker & McKenzie LLP25 has been involved in some of the most complex transactions for clients. Recent matters include:

    (i). The American International Assurance Company, Limited, a wholly owned subsidiary of AIA Group Limited, on the 1.8 Billion Dollar acquisition of ING Groep N.V’s Malaysian insurance and Takaful business.

    (ii). The Steering Committee of international creditors of BTA Bank JSC in the successful second restructuring of the Kazakhstani bank in relation to 11.1 Billion Dollars of its international financial debt and other claims. The deal was the largest Central and Eastern European restructuring of 2012.

    (iii). The Regal Real Estate Investment Trust on the establishment of its 1 Billion Dollar medium-term note program.

    (iv). The Thai Oil Public Company Limited on its offering of US$1 billion dual-tranche senior unsecured fixed-rate notes to foreign institutional investors in accordance with Rule 144A and Regulation S.

    (v). Endeavour Silver Corporation on its option and joint venture agreement with La Sociedad Quimica Minera de Chile SA (SQM) to earn a 75% interest in the El Inca silver-gold properties.

    (vi). The Kingdom of Bahrain, in relation to its 1.5 Billion Dollar bond issuance.

    (vii). Sierra Gorda SCM and Salfa Montajes S.A., an affiliate of Chilean based SalfaCorp Engineering and Construction Business Unit on its agreement for the construction and installation of wet and dry areas of the Sierra Gorda mine project processing plant.

    (viii). AXA Private Equity, on its acquisition from the private equity arm of Ontario Municipal Employees Retirement System (OMERS) of a portfolio of 11 private equity fund investments and the related unfunded commitments.

    (ix). WestLB, regarding a definitive agreement to sell its Subscription Commitment Facilities (SCF) portfolio in the USA and in the UK to the financial services provider Wells Fargo Bank, NA (Wells Fargo).

    (x). The Dow Chemical Company (Dow) and certain Dow subsidiaries in relation to the 1.4 Billion dollar Islamic finance facilities made available to Saudi Acrylic Acid Company (SAAC), Saudi Acrylic Monomers Company (SAMCO) and Saudi Acrylic Polymers Company (SAPCO).

    (xi). Schuler – Beteiligungen GmbH on, the sale of its 38.5% stake of the publicly listed Schuler AG, a world-leader in metal forming and metal processing, to Austrian technology company Andritz Group.

    (xii). Banque Saudi Fransi, Saudi Arabia’s fifth biggest bank by market capitalization, on its debut 750 million dollar 2.947 per cent Trust Certificates due 2017 issued under its 2 Billion Dollar Sukuk Program.

    (xiii). Global Blue, international provider of travel-related payment, on the sale of the company from Equistone Partners Europe to US private equity firm Silver Lake Partners for 1 Billion Euros.

    (xiv). Yanzhou Coal Mining Company Limited (Yanzhou Coal), on its US$1 billion Notes issue.

    (xv). A CAPITAL, in connection with the international aspects of a new fund named A CAPITAL China Outbound Fund.

    (xvi). Banque Saudi Fransi (BSF), in relation to the establishment and listing of its debut 2 billion dollar Sukuk program.

    (xvii). Almarai Company, on the establishment of a SAR 2.3 billion Sukuk program and inaugural issuance of a SAR1 billion Sukuk.

    (xviii). Colt Group, the information delivery platform for businesses across Europe, on an initial three-year term to provide commercial, IT, Telecommunications and regulatory advice. The appointment is the result of a competitive bid that involved over 45 law firms around Europe.

    (xix). Fresenius Medical Care AG & Co. KGaA, the world’s largest provider of dialysis products and services, on Fresenius Medical Care North America’s acquisition of Liberty Dialysis Holdings, Inc. The acquisition is expected to add annual revenues of around $700 million and 201 clinics to Fresenius Medical Care’s network for an investment, net of proceeds from the divestiture, of approximately $1.5 billion dollars.

    (xx). Kiekert AG, market and technology leader for automotive side door latches and inventor of the modern central locking system, on the sale of its shares to publicly traded automotive supplier, Hebei Lingyun Industrial Group Corporation Ltd. in Beijing, China. The transaction paves the way for an international automotive supplier with yearly revenue of 1.2 Billion Euros.

    (xxi). Sierra Gorda SCM, held by Quadra FNX Mining Ltd., Sumitomo Metal Mining Co., Ltd. and Sumitomo Corporation, on the closing of its loan agreement with financial institutions for 1 billion dollars.26
    There is no doubt that its sheer number of lawyers, the specialization of its lawyers and their presence in so many countries combined to give the law Firm of Baker & McKenzie LLP an almost unassailable lead in virtually all areas of development in the period between 2011 and 2012 although the top spot is now held by DLA Piper LLP27. On the National Law Journal’s 2013 list of the 350 biggest firms in the United States (the “NLJ 350”), the smallest Law Firm on the prestigious list, (Number 350) Looper Reed & McGraw, has 117 Partners28. If size or income were used as a criterion, you would be hard pressed to find a Nigerian law Firm that would make any of these prestigious lists.

    It is difficult to find a law Firm in Nigeria that has up to 10 Partners or one that generates as much income as even the lowest quoted above. In foreign jurisdictions, Law Firms merge and pool their resources (including human resources) together in order to allow for better planning and a stronger financial footing.

    It is my belief that such mergers are needed for the Legal Profession to move ahead in Nigeria.

    (f) Acceptance of Technology by Lawyers and Judges.

    The hard truth is that technology in legal practice has come to stay. It makes legal practice so much more convenient. There is no doubt that in terms of human capital, the Nigerian legal profession scores high It is in the non-human aspect that our legal profession falls far short of what obtains in the United Kingdom. For instance, our legal profession is still “paper based”. By that, I mean that few of our lawyers are computer-literate. Very few offices are connected to the internet and research is done manually.

    In the United Kingdom, most offices are 80% “paperless” and the majority of the research is done on-line. Judges in Nigeria have to write down all that is said unlike judges in developed countries where stenographers are used. Technology has simply made legal practice easier. Now, instead of “invading” Court rooms with books, one can store the soft copies of such law reports and statutes on an i-pad or a laptop and the results would be even better because the i-pad and laptop can store more books than you can carry. The typical modern law Firm has done away with typewriters and has state of the art computers, it has stand-by generators and inverters, it is connected to the internet 24 hours a day and can access information at the touch of a button. Lawyers are therefore advised to accept technology for what it is; a faster and more efficient means of legal practice in Nigeria. It is technology that will propel legal practice in Nigeria to its position among the best in the world.

     
    (g) Creation of Professional Goals

    People work better when there is a prestigious award at the end of it all. For a practising lawyer, nothing epitomizes this like the rank of Senior Advocate of Nigeria (SAN). The Rank of Senior Advocate of Nigeria (SAN) is undoubtedly the most prestigious title in the legal profession. Every young lawyer dreams of being a ‘SAN’ and the mere thought that the title could be attained by hard work and dedication serves as a motivating factor for these young ones. Legal practice in Nigeria would be the ultimate victor if lawyers made it a point of duty to make excellence their watch word. That excellence could be better attained if there was a reward at the end of all their efforts. In Nigeria, we have less than 500 Senior Advocates in a country of over 60,000 lawyers.

    In the United Kingdom, a certain percentage of applicants are made Queen’s Counsel (the United Kingdom version of Senior Advocates). For instance, in July 2005 in the United Kingdom, application forms for appointment under a new system were released. The appointment of 175 new Queen’s Counsel was announced on 20th July 2006. 443 people had applied (including 68 women, 24 ethnic minority lawyers and 12 Solicitors). Of the 175 appointed, 33 were women, 10 were from ethnic minorities, and 4 were Solicitors. Six people were also appointed QC Honoris Causa. The Silk Ceremony was on 16 October 2006 in Westminster Hall, a couple of weeks after the beginning of the legal year. The successful candidates were to make a declaration and receive their letters patent from the Lord Chancellor29. 175 is 39.5% of 443. In Nigeria, less than 20 persons are appointed each year out of hundreds of applicants. The rank of Senior Advocate of Nigeria (SAN) should be made available to all who merit it and complex technical requirements like the 5-years rule should be jettisoned so as to motivate the younger ones.

    (h) Quicker Determination of cases

    This is self-explanatory. Nigerians simply cannot afford to keep spending their hard earned money to pay lawyers who then proceed to secure adjournments and amendments for the next 5 years. It is highly discouraging and forces clients to explore other means of Alternative Dispute Resolution. If the current trend continues, Nigerians will look for other means to resolve their disputes; without lawyers. It is possible for a more realistic variation of the 180 days given to Tribunals to determine Petitions, to be made compulsory for Nigerian courts. In foreign jurisdictions, the time frame for cases is set out, including the delivery of judgment. It is quite possible for Nigerian courts to adopt this same technique, even if on a more realistic scale (of say 12 -18 months) at first. The time frame can reduce as the new practice sinks in. With time, the practice of never-ending, laborious litigation would be a thing of the past.

    Particular attention should also be paid to Interlocutory appeals which ultimately stall proceedings at the lower court. Interlocutory appeals should be filed with the leave of the trial court only. Also, if the matter is already on Appeal, at the Court of Appeal for instance, an interlocutory appeal to the Supreme Court must be with the leave of the Court of Appeal. That way, the Nigerian Legal System can sieve out the frivolous interlocutory appeals. In addition, a time frame should be fixed by the higher courts for the determination of interlocutory appeals so that trials and substantive appeals are not indefinitely stalled. Justice is not meant to be rushed but it could also be a problem if it is unduly slow.

    Stenographic means could also be used to record proceedings in court. The judge does not have to be the one recording. He may record important points that catch his eye but the stenographer should be given the responsibility of recording verbatim. In the alternative, cameras or voice recorders could be used to relieve judges of the onerous burden of writing, thus saving time and ensuring quicker determination of cases.

    (i) Procedural Reforms in our courts

    One cannot claim to be ignorant of the reforms undertaken by the various courts of the land all in a bid to make legal practice easier and less tedious (its tedious nature has already further popularized other means of dispute resolution like Arbitration and Mediation). A lot more needs to be done however and this time, we are not referring to Practice Direction Rules of the Supreme Court and the Court of Appeal, we are instead referring to the Civil Procedure Rules of the High Courts of the land and the Criminal Procedure Code30 and Criminal Procedure Act31 which still need to undergo reforms which will ensure that trials are swiftly concluded. This will improve legal practice in the country tremendously.

    (j) Admission into the Nigerian Law School

    The Vice-Chancellors of the various Universities should ensure that the quota determined by the Council of Legal Education and the National Universities Commission (NUC) are not undermined. This calls for robust enforcement no matter whose ox is gored. I expect to see a modern legal education where once admitted into the University, the student is assured that on successful completion of the university education, there is a seamless transition to the Nigerian Law School. I am strongly of the view that any Vice-Chancellor that exceeds its quota should be sanctioned by the NUC.

    Alternatively all law faculties can be allowed to produce as many law graduates that they want to but on the strict condition that applicants to the Nigerian Law School must face a qualifying or entrance examination or test to gain admission into the Law School on the basis of merit.

    Similarly, the NUC should re-visit the curriculum of the Faculties of Law to ensure that those who do not intend to practice law can graduate with, for instance, BA (Law) or a combined honors programme so that it is only those who intend to practice law that proceeds to the Nigerian Law School. At the moment, some products of the Nigerian Law School are not interested in legal practice thus blocking the opportunity for those who are interested in legal practice but not admitted because of the backlog of students awaiting admission into the Nigerian Law School.

    Apart from the trauma of losing seniority which is very critical in the legal profession, those not admitted are usually not absorbed by law offices.

    Other than the core academic subjects, I expect a modern lawyer to be taught entrepreneurial skills in the University. Accordingly, the NUC should review the Benchmark Minimum Academic Standards (BMAS) for the Law Faculty to ensure that entrepreneurial skills commensurate with the status of a law graduate are taught and not courses like sewing, knitting, soap making, etc that are included in the Introduction to Entrepreneurial Skills that form part of the General Studies of the Universities.

     

    (k) Continuing Legal Education

    Continuing legal education (CLE; also known as MCLE (mandatory or minimum continuing legal education)) is a professional education of lawyers that takes place after their initial admission to the bar. It is to ensure that lawyers remain professionally competent throughout their lives. In the United Kingdom for instance, a lawyer has to be assessed every year before he is allowed to practise. To remain competent, the lawyer has to stay in touch with the profession. All Nigerian Lawyers in legal practice or employment must comply with the Nigerian Bar Association’s Mandatory Continuing Legal Education (MCLE) Programme. They are required to take Mandatory Continuing Legal Education (MCLE) courses in order to qualify to practise law within our jurisdiction

    The Nigerian Bar Association Institute of Continuing Legal Education (ICLE) serves as the Continuing Legal Education regulatory authority for the NBA and the profession by providing the standards and scope for the MCLE programme. The institute is overseen by the Board of the Nigerian Bar Association’s Mandatory Continuing Legal Education and works closely with Nigerian Bar Association Sections and the various local branches at large in developing programs on Mandatory Continuing Legal Education.

    In many states in the United States, Continuing Legal Education participation is required of attorneys to maintain their license to practise law. Continuing Legal Education requirements exist in many other jurisdictions, such as in Canada.

    I believe Nigerian Lawyers should be subjected to such conditions as well. That way, we can be sure that any Lawyer who practises in Nigeria is not out of touch with the Profession.

    (l) Rating of Firms and Faculties

    In foreign jurisdictions like the United Kingdom and the United States of America, Firms are rated yearly in order to determine the largest Firms according to the number of lawyers or financial turnover. This rating is done by the relevant regulatory authorities or newspapers and magazines The system could be introduced in Nigeria to enable law Firms in Nigeria know their current status, both in Nigeria and indeed the world. In addition, a favourable rating for a law firm, means more potential clients would be inclined to select the law Firm as against a poorly rated Firm.

    The law faculties that produce Nigerian law students should also be rated yearly by the relevant bodies (like the National Universities Commission and the Nigerian Law School) or some independent ones (like Newspapers and magazines). This would encourage law faculties to raise their standard in order to receive a favourable assessment, which favourable assessment could increase the rate at which such faculties are selected by potential law students.
    (m) Separation of the Council of Legal Education from the Nigerian Law School

    The Nigerian Law School as presently constituted is over centralized in terms of admission and examination. Although there is a Secretary to the Council of Legal Education and Chairman of the Council, the Director General of the Nigerian Law School virtually runs the Council. This should not be the case. It should be the other way round, that is, the Council running the law schools. In any case, before the multi-campus system was introduced, there was no legislation providing for multi-campus. It was merely an administrative fiat.

    We believe that the Legal Education Act of 1962 is overdue for review and amendment to provide for autonomous campuses and separation of the Council from the Schools.
    (n) Private Law Schools And Institutions

    At present, we have a total of one hundred and twenty eight Universities in the country. Fifty (50) out of this number are Private Universities, forty (40) are Federal universities while the remaining thirty eight (38) are State Universities. If private individuals or institutions, can run Universities, I do not see why private individuals or institutions cannot run Law Schools under the guidelines to be published by the Council of Legal Education and a central examination conducted by the Council. However, there must be strict regulations and accreditation of such Private Law Schools. This is more or less the practice in other climes, for example, the English system has moved from four Inns of Court to the creation of additional ten institutions for the training of lawyers.
    1. CONCLUSION

    It is my humble but firm opinion that majority of today’s lawyers lack adequate preparation for the basics of legal practice. We should bear in mind that we derive our present legal heritage from the United Kingdom where Barristers and Solicitors practise separately. Both arms of the profession run a system of professional education which follows after the academic qualification has been obtained. For one to get the approval to work as a Solicitor, one has to spend another two years as a trainee. In the case of Barristers, one has to undergo a mandatory one year pupillage after graduating from the Bar Vocational College. Consequently, by the time one comes into practice one is armed to face the rigors of the legal profession. In Nigeria, however, once one passes the Bar Exam and is called to the Bar he is thrown into the fray. This has led to the advent of “half-baked practitioners” who do not appreciate some of the basic concepts of law. They are unleashed at the society without adequate preparation.

    We are not just building lawyers who will bestride the Nigerian legal landscape; we are building Lawyers who can stand toe to toe with their counterparts from developed countries. The question has been asked several times; where would Nigerian legal practice be in the next decade? Are we going to be far better off? Would we have a Nigerian law Firm acting as external Solicitors to Goldmann Sachs? Have the seeds been sown? Will we get rid of the shackles holding us back?

    It is my firm conclusion that legal practice in Nigeria has a bright future but needs to expunge those factors that work against its progress while absorbing those factors that aid in its development. Where there is life there is hope and where there is a will there is a way. Life is reassuring each time one recalls the saying:

    “Learn to be happy with what you have while you pursue all that you want’’
    (Footnotes)

    .

    12
    Senior Lecturer, Department of Public Law, Rivers State University of Science and Technology, Nkpolou, Port Harcourt.
    .

    20 The 2012 NLJ 350. Retrieved June 10, 2013.
    .
    29
    The Titi Tudorancea Bulletin. October 5, 2010.
    .
    .

  • An anniversary gift to Nigeria

    Nigeria today observes the 53rd anniversary of the rituals of an independent nation. But, unfortunately, not many Nigerians are excited about that, because our dear country is bugged down by so many disputes. Such that many Nigerians will rather curse their ill-faith at being born a Nigerian, than exchange the usual pleasantries associated with such a major national ceremony. Indeed, a significant number of Nigerians strongly believe that the country, is matching inexorably to its doom, unless major structural changes are put in place. While for some, our country is marked for greatness and because of their present positional advantage, they believe it is their destiny to lead the country to that Eldorado.

    Most Nigerians would, however, agree that there are many layers of disputes undermining our country’s progress, and probably that may be the reason why a vocal part of the political elite have asked for the convocation of a sovereign national conference. The extremists or anarchists on their part have taken up arms to force down our throats their own group interests. While the debate rages on the appropriate procedure for our national redemption, I strongly recommend that some of the disputes, particularly those bordering on the faithful exercise of public power, can be addressed through the application of Alternative Dispute Resolution mechanisms, particularly, Mediation. A training program on Mediation skills that I attended at the Lagos Multi-Door Courthouse, and the report that the Lagos state government and the Nigerian Medical Association actually resolved their last dispute through this process convinces me that mediation process could help resolve some of the conflicts afflicting our nation.

    No doubt, the prevalence of emotional turmoil and strife within the polity is a result of the disputes across the country. For instance, would it be fair to expect a warm anniversary greeting from a university undergraduate wasting away at home for the past three months that public owned universities have remained shut. Again, would it be fair to expect any form of patriotic excitement from the unemployed graduate, who’s contemporary in school, has been rigged into public office, and has taken advantage to unfairly appropriate to him or herself, unconscionable portions of our national resources. Furthermore, as between contending ethnic and religious chauvinists, only a positional advantage will assuage their disgust with the present state of affairs.

    So there is need for a new approach to these challenges. Take, for instance, the dispute between the Academic Staff Union of Universities (ASUU) and the Federal Government. There is a huge possibility that a resolution of that national shame could be achieved through the intervention of trained mediators. Of course I do not mean mediation by interested parties themselves, or by persons who would appropriately be accused of the challenges of bias and undue influence, such as the so called presidential committee, headed by the Benue State Governor, Hon. Gabriel Suswan. The same failure arising from lack of neutrality, will apply to the direct intervention of the Vice-President or the President, because their presence in a meeting with ASUU, is a subtle intimidation of ASUU, which is the underdog in the dispute.

    To have a chance of success therefore, there is a need to create a level playing ground for the contending parties, as far as the negotiation process is concerned. And this can possibly be achieved by a trained mediator or mediators, who would get the Federal Government authorised representatives and that of ASUU talking to each other in an atmosphere of mutual confidence and respect for each other. As the ethics of the mediation profession provides, such a mediator or mediators would be absolutely neutral and independent, and will ensure that issues discussed between the parties are absolutely dealt with in confidence. The mediator will also be able to help the parties separate emotions from their interests, and also help the parties weigh the various options and interests they may have not thought about and also critically examine the benefits and disadvantages of their dug-in positions.

    Indeed, these basic principles of mediation, lends credence to the possibility that it can be applied to resolve different types of disputes. These may include many of the inter-community crises across the country. It is also my wish that many of the national political disputes or differences could be resolved through mediation. For instance, mediation may help the National Assembly, as a contending party in the process; realise that it may not be in its long term interest to continue to take outrageous emoluments at the detriment of our common national well-being. After all, if the nation is engulfed in crisis, some of the advantages they currently enjoy may count for nothing, if the country is forced to go under. Of course the Lagos Multi-door Court House is well-structured to deal with commercial disputes, but their faculty skills could be applied to deal with some of these aggravated national disputes.

    There is also the huge possibility that international mediators on the auspices of the United Nations, or other international mediation agencies, can be employed to apply their skills to help Nigeria overcome some of the serious issues of our nation-hood. In this context, major ethnic nationalities may sit down together and through the help of a mediation process negotiate a new Nigeria. I believe that despite the fundamental differences of ethnic nationalities, the country will survive as one, from such an exercise. What would likely happen is that such a negotiation exercise will enable Nigerians to appreciate their common strengths, and agree on how to deal with their differences. Indeed a mediation process would help the various ethnic nationalities see some of the advantages in one big egalitarian society. In the meantime, here is wishing Nigerians a better country.