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Tag: secret

  • When a secret soceity ceases to be ‘secret’

    Theodore Ahamefule Orji is a politician and the Governor of Abia State of Nigeria. He is not a legal practitioner or a judicial officer. But he has been offered the privilege of adorning the cover of this book entitled Abia Governorship Law Reports; a privilege rarely offered to members of the legal profession. And this privilege was offered by no less a person than the editor-in-chief, a Senior Advocate of Nigeria and a former Attorney-General of Imo State, Dr. Livy Uzoukwu, OON.

    Another unique feature of the law reports is that  all of the twelve decisions contained therein (eleven judgments and one ruling) concern election petitions and a pre-election issue arising from the 2007 and 2011 Abia State gubernatorial elections which each returned T.A. Orji as the Governor, and he was a party in each of them.

    He was an appellant in two of the appeals; he won them. His political party then (Peoples Progressive Alliance, PPA) was an appellant in two of the other appeals; it won the appeals. Independent National Electoral Commission, INEC which conducted the elections in dispute was an appellant in two of the appeals arising from the 2007 election tribunal judgments; it won them. The Governor’s opponents in the 2007 elections, and the political party (Peoples Democratic Party, PDP) which sponsored them, were also appellants in two out of the eleven appeals reported; the two appeals were dismissed. Their attempt to set aside the judgment of the Court of Appeal delivered earlier in the principal appeal validating  the 2007 election of the Governor culminated in a ruling, also reported, which dismissed the application.

    There are three judgments in the law reports arising from the 2011 Abia State Governorship election in which Governor Orji stood for re-election and won. This time, he was the gubernatorial candidate of the PDP, unlike in 2007 when he was the candidate of the PPA.

    Two of them were decisions of the Court of Appeal arising from appeals of Governor Orji’s opponents which were dismissed. The third and the latest, and the only one in the law reports delivered by the Supreme Court, is in respect of a pre-election dispute on the authentic gubernatorial candidate of the PDP initiated against the Governor by an aspirant who lost all the way from the Federal High Court to the Court of Appeal and, finally, at the Supreme Court.

    It is significant to mention at this point that the Governor was victorious in all the decisions published in this volume; in other words, in all the election disputes arising from the 2007 and 2011 Abia State gubernatorial elections.

    These decisions are now being presented to the public in an attractive, hard cover 576 page book, in honour of Dr. T.A. Orji, Governor of Abia State whose photographs adorn the front and back covers. Now, having served the appetiser, it is time to turn the pages and decipher the utility of the decisions reported in this volume. As noted earlier, nine of the decisions arose from the 2007 elections and the same parties were involved in all of them. Expectedly, the issues that arose in them were similar. Shorn of general principles of law expounded in them which I do not need to rehash, there are important points of law which are either recondite or of particular significance which the courts made pronouncements on.

    One of them, perhaps the most interesting, was whether Governor Orji and his deputy at the time (Chris Akomas), being Chief of Staff to the Governor of Abia State and Commissioner in the Government of Abia State respectively, were “public officers” who should have resigned their appointments before contesting the election. Another equally interesting and important issue was whether Governor Orji was a member of a secret society; this arose from the allegation that he was a member of Okija secret society.

    The Court of Appeal devoted considerable space in attending to these two issues in their judgments. In Orji v. Ugochukwu I, (2009-2012) AGLR 1, the Court held, after referring to relevant constitutional provisions, at page 79, thus:

    It is apparent from the wording of the foregoing provisions that the offices of the Chief of Staff being the head of the personal staff of the Governor and the Commissioner of the State being offices respectively held in the erstwhile Government of Abia State by the 1st and 2nd Appellants are political office holders (who)… serve at the pleasure of the Governor of Abia State and accordingly not persons in the public service of Abia State. [Word in brackets added]

    In INEC v. Orji I (2009-2012) AGLR 99, the Court said further on this point at page 120:

    From the foregoing the only conclusion I can reach is to hold that the 1st and 2nd respondents (that is, Orji and Akomas) in this appeal are not public officers and therefore qualified to contest as Governor and Deputy Governor of Abia State. The decision of the lower tribunal on the point is set aside. The question of resignation 30days to the election will therefore not apply. [Words in brackets supplied]

    In regard to the membership of Okija secret society, the Court held that the election tribunal was not a proper forum for determining whether Okija shrine was a secret society which was a condition precedent to determining whether the Governor was a member of a secret society. The Court made the point clearly in Orji v. PDP (2009-2012) AGLR 175 when it said at page 274:

    From the cumulative deduction and parameter of the evidence before the lower tribunal, the summary is that the ascription of Okija shrine being a secret society has no foundational basis but a mirage. In the absence of establishing the shrine falling within the definition under section 318 of the Constitution there can be no imputation upon the 1st appellant being a member of a none existent such society designated as Okija secret society. The membership is solely dependent and subject upon the former which ought first be established, i.e. to say that the said Okija shrine is indeed a secret society having been prohibited and outlawed either by legal legislation or judicial pronouncement in the court of law.

    The Court was more emphatic on the point when it held in P.P.A. v. Ugochukwu (2009-2012) AGLR 356, 401 that:

    . . . by its definition a secret society is a secret body. Once any of its members brings to court evidence of its activities, then that society ceases to be a secret society. The evidence of PW5 who claimed to be the secretary general of Okija secret society and the subsequent tendering and admission of Exhibit “HS” was a clear indication that the activities at Okija shrine are not secret after all. To that extent I am of the firm view that there was no evidence before the Tribunal that Okija Shrine is a secret society.

    These two issues were also treated elaborately in P.P.A v. PDP [2009-2012] AGLR 123, 168, 170.

    It has been said that INEC filed two appeals from the decisions of the 2007 election tribunal. The tribunal had nullified the election of Governor Orji and his deputy on two main grounds which have just been discussed. Naturally aggrieved, their Excellencies and their political party (PPA) lodged appeals against the decisions. INEC also felt aggrieved, and lodged its appeals. The decisions of the Court of Appeal arising from the appeals are reported as INEC v. Orji I (2009-2012) AGLR 99 and INEC v. Orji 2 (2009-2012) AGLR 282 respectively.

    At this time of the litigation, the neutrality of INEC had been a subject of disputation in some election petitions, leading to certain decisions of courts to the effect that INEC should not appeal against decisions of election tribunals which nullified elections conducted by the electoral body. Those decisions surely emboldened the respondents in the two appeals now being discussed to challenge the competence of INEC to initiate them. They prayed the Court of Appeal to strike out the appeals. The Court refused the prayers. It is needful to set down, in brief, the reasoning of the court.

    In INEC v. Orji I supra, at pages 111-112, the Court said: “I have earlier on referred to and quoted pages 3671 -3672 of the Record of Appeal. When one looks at the above quoted one cannot fault the right of the Appellants to appeal in this matter. . . . Having said much I see no reasons why INEC in view of the pronouncement of the Tribunal should not appeal”. This decision was repeated in INEC v. Orji 2 at page 293. The thrust of the decisions is that where findings of facts are made against INEC, which are central to the issue under consideration, it would not be inappropriate for INEC to appeal against the findings, as the appeal is a constitutional right.

    It is one thing to complain about the declaration or return made by INEC, but another to know how to upset it. The inability to provide the right quality of evidence to achieve this goal is the bane of many election petitions. It was the weak point in the petitions filed against the return of Governor Orji. The petitioners’ witnesses who tendered election results at the election tribunal had no personal knowledge of the contents of the documents. The respondents, therefore, contended that the documents were “documentary hearsay” which could not prove the allegations made against the conduct of the election. This argument found favour with election tribunal and the Court of Appeal.

    This legal issue was given prominence in Ugochukwu v. Orji (2009-2012) AGLR 305 and PDP v. Orji (2009-2012) AGLR 331. In the former case, the Court held at pages 325-326 of the Report, thus:

    The Tribunal found that these witnesses were not on the field where these documents were prepared. The decision to tender them through witnesses was for the opposing party to cross-examine the documents. The witnesses equivocation under cross-examination as shown in the record clearly shows that they neither know all their agents at the polling stations nor did they know what transpired at these stations. I therefore agree with the conclusion by the Tribunal when it chose not to accord the documents any probative value . . . This is an allegation of crime that the Cross-Appellants are required to prove beyond reasonable doubt. This can only be done by calling those who falsified the results or those who were present when the falsification was carried out.

    In PDP v. Orji (2009-2012) supra, the Court reiterated the point at page 354 when it said inter alia:

    . . . it is important to note that the statements of results tendered by the Petitioners were meant to challenge the results announced and declared by the 4th Respondent (INEC) by which the 1st and 2nd Respondents were declared winners of the said election. The statements of results were the documents PW1 who tendered them claimed to have received from some faceless party agents who in turn received them from unidentified polling agents. It may be an understatement, to say the least, to say that the evidence relied upon fell short of what was required to establish such allegation as was raised against the INEC results.

    The last case that arose from the 2007 gubernatorial election in Abia State was the futile attempt in 2009 by the Governor’s opponents to set aside the judgment of the Court of Appeal which validated the election. The case is reported as Orji v. Ugochukwu 2 (2009-2012) AGLR 403. The application was predicated on eight grounds, two of which were alleged breach of fair hearing, and contradictory pronouncements in the judgment. The Court had no difficulty in dismissing the application.

    The three cases that arose from the 2011 Abia State gubernatorial election, and reported in this volume, are Owanta v. INEC (2009-2012) AGLR 443, Ohajuruka v. Orji (2009-2012) AGLR 503 and Emenike v. PDP (2009-2012) AGLR 537. The first case, Owanta v. INEC, is about a gubernatorial candidate of a political party known as the Democratic Front For A People’s Federation who challenged the election of Governor Orji, but it happened that he, the petitioner, was not a properly nominated candidate of his party as he did not properly nominate a deputy governorship candidate. So, the respondents challenged his locus standi to present a petition. The tribunal upheld the objection and struck out the petition. His appeal to the Court of Appeal was dismissed in a judgment which is now reported. The Court held at pages 497-498 that:  . . . the non-nomination of a running mate as Deputy Governor touches on the qualification of a candidate to contest an election under the Electoral Act 2010 (as amended) and is also a clear breach of the provisions of section 187(1) of the 1999 Constitution (as amended) which makes it mandatory for a person wishing to run for the position of a Governor of a State to first nominate another candidate as his associate who will occupy the office of the Deputy Governor which is a condition precedent to  his running for the office of Governor. It is therefore beyond any realm of doubt that the nomination of a running mate by a Governorship candidate is a condition precedent to the valid nomination of a Governorship candidate.

    The second case, Ohajuruka v. Orji, was an appeal arising from an election petition filed by the gubernatorial candidate of the Labour Party in 2011 election which was dismissed by the election tribunal. The appeal was also dismissed, but the Court made a pronouncement, of striking significance, on the nature of public documents admissible in evidence. At page 528 of the Report, the Court held:

    . . . what is in issue is whether a public document can be admitted in its original form without being certified as such. A community reading of sections 102, 103, 104, 105 and 106 of Evidence Act 2011 clearly shows that a public document can be obtained from a public officer having custody of such document who shall certify such a document appropriately and it is such certified copy of the document that can be tendered. An uncertified public document in its original form does not pass the test of admissibility under the Evidence Act.

    The third case, Emenike v. PDP, arose from a suit filed at the Federal High Court in which one Chief Ikechi Emenike sued the Governor, the political party and its acting National Chairman, and INEC claiming that he was the PDP gubernatorial candidate for the 2011 election having won a primary election conducted by the Abia State executive committee of PDP. The defence countered that the Governor became the candidate because he won the primary election conducted by the National Executive Committee (NEC) of the party. The issue for determination then became which of the elections was cognisable under the constitution of the party. The Federal High Court held in favour of the election conducted by the NEC; this was affirmed by the Court of Appeal, and reaffirmed by the Supreme Court.

    The Supreme Court underscored the basis of the decision in these terms at page 562:

    From the above, it occurs to me that for a complaint to come within the narrow compass of the above provision of the law and be cognisable by a court, the aspirant must show clearly and without any equivocation that the National Executive Committee of the political party conducted a primary election in which he was an aspirant and that the primary election was conducted in breach of specified provisions of the Electoral Act/Election Guidelines.  It continued, thus:

    Put in another way, the law provides that a candidate with the highest votes cast at a primary election organised by the National Executive Committee of the 1st respondent to the knowledge of the 3rd respondent can approach the court for redress if he is excluded by the party. There is no doubt that the above decisions bring to the fore some of the knotty issues which resonate through election petitions since the advent of the current civilian rule. It is, therefore, of crucial importance that due attention is paid to them by members of the legal profession, and the reading public.       It is true, as expected, that the decisions were rendered in the lawyers’ language, but they are accessible to the ordinary mind.

     

     

     

  • NBA faults ‘secret’ composition of govt boards, parastatals

    The Nigerian Bar Association (NBA) has criticised the secrecy applied in the composition of some boards of parastals, saying sometimes due process is not followed.

    It said most Federal Government boards and agencies are statutorily mandated to have various stakeholders represented to always ensure compliance with the law, rules and regulations.

    The NBA said rather than follow the requirements, some boards, commissions and parastatals remain shrouded in secrecy.

    The association said for instance, certain statutes require the NBA as an institution to send nominees to such boards, but it has not been receiving such invitations.

    NBA President Augustine Alegeh (SAN), while inaugurating a committee on boards and parastatals to determine which ones the association is statutorily entitled to a representation, said some of the agencies “have turned NBA positions to their personal estates.”

    Alegeh also set up a committee to review NBA’s Constitution to address the rancor associate with its election.

    “The amendments to our constitution to introduce e-voting and other changes would be given priority and dealt with speedily with the hope that the system would be operational and members made conversant with its working long before the 2016 national elections.

    “In the light of the approval of uniform Bye Laws for NBA Branches, it would be advisable for the provision of e-voting to be contained in the Uniform Bye Laws to afford Branches the opportunity to implement e-voting and be conversant with its operations before the national elections,’’ Alegeh said.

     

  • The secret of my success, by council chair

    The Chairman of Ejigbo Local Council Development Area (LCDA) of Lagos State, Mr Kehinde Bamigbetan, has ascribed his administration’s achievements to prudent management of resources.

    Bamigbetan, who spoke while receiving the executive members of the Nigerian Wrestling Federation (NWF) in his office, explained that the attitude enabled him to make positive impacts on the people.

    The President of the NWF, Prince Hamed Mohammed, said the group chose the council chief among the 23 others billed to be honoured for excellent performance.

    He said Bamigbetan’s achievements in the areas of education, sports, health, youth empowerment and social infrastructure qualified him for the award.

    The award ceremony, where former governor of the state, Asiwaju Bola Tinubu; Governor Babatunde Fashola and Senator Oluremi Tinubu will also be honoured, will hold on November 15 at Teslim Balogun Stadium, Surulere, Lagos.

    Bamigbetan, who thanked the visitors, noted that despite the meagre resources available to the council from the monthly federal allocation and internally generated revenue, he adopted strict measures in funds disbursement for maximum impacts. He added that his transparency enabled him to succeed.

    He praised past and present champions of Nigeria’s democratic struggle, including the late Chief Obafemi Awolowo, Dr Nnamdi Azikiwe, Asiwaju Tinubu, Fashola, Osun State governor, Rauf Aregbesola and his Ekiti counterpart, Dr Kayode Fayemi, describing them as selfless leaders who put the interests of their people before anything else.

    Bamigbetan said: “Following the footsteps of these leaders, my administration has increased the enrolment of children in public primary schools in the council area from 4, 200 in 2008 to 8,000 in 2013. We have also provided free meals, free uniforms, free desks and benches and notebooks to pupils of the council’s nine public primary schools.”

    He added that his administration had built two additional public primary schools in Dauda-Ilo and Ailegun areas of his domain, in order to bring public schools nearer to residents of the areas.

  • Secret of GTBank’s success, by CEO

    Secret of GTBank’s success, by CEO

    African Banker of the Year and Chief Executive Officer of Guaranty Trust Bank Plc, Mr. Segun Agbaje, has attributed the bank’a success in 2012 financial year to customer loyalty.

    Speaking to a group of reporters few days after the bank published its audited results, Agbaje said no organisation in the world could be profitable if its customers did not believe and support its vision.

    His words: “There is a direct relationship between a company’s level of profitability and public perception about its brand. When people see a brand as a valued partner, they continue to do business with it, which ultimately translates to profitability. Companies on the other hand have a responsibility to ensure their customers are satisfied at all times and treated with respect. This knowledge is the base rock upon which our 2012 performance is hinged’.

    Guaranty Trust Bank’s results for the 2012 financial year showed a Profit Before Tax of N103 billion, the highest for any Nigerian bank from continuing operations at both bank and group levels. The Group’s results also show improved gross earnings of N221.9 billion and 69 per cent improvement in Profit After Tax to N87.3 billion. This is against the N51.7 billion posted in 2011..

    The bank closed the 2012 financial year with an On-Balance Sheet size of N1.73 trillion as against N1.608 trillion in 2011.

    The total assets and contingents stood at N2.26 trillion compared with N2.14 trillion in 2011, representing a growth of 8 per cent and six per cent respectively.

    Additionally, the bank’s stance as an upstanding social citizen and commitment to full disclosure was evidenced by its 2012 tax liabilities, which came to over N16.3 billion, while total dividend payment for the financial year is projected at N45.62 billion (N1.55 per ordinary share of 0.50 kobo each).

    Agbaje confirmed that the bank would continue to introduce products and alternative channels that will allow the public to undertake their banking activities quickly, safely and conveniently.

    Guaranty Trust Bank was established in 1990 and is regarded by industry watchers as the best run financial institution within the Nigerian financial services space, due to its bias for world class corporate governance standards, excellent service quality and innovation. The bank operates from over 200 branches within the country and has banking subsidiaries in Cote D’Ivoire, Gambia, Ghana, Liberia, Sierra Leone and the United Kingdom.

    In recognition of it service standards, management quality and financial performance, the Bank has been the recipient of numerous awards over the years that most recently include the Best Bank in Nigeria Award for the fourth consecutive year from Euromoney Magazine and the Best Bank in Nigeria Award from EMEA Finance

  • My partner and I have a son without our parents knowing; how long can we keep this secret?

    Good evening Adeola. I’m 22 and my guy is 24 and both his parents and mine are not in support of our relationship. We have a son without our people’s awareness and my people want me home but I want to go back to further my education but because of my son, I don’t know what to do. I need your advice.

    My dear sister, there are loop holes in your story and I wish I could ask some questions from you directly before I could do justice to this question. Are you living so far away from your parents that you would be pregnant for nine months and they won’t know, and now that you have a child they still don’t know? Are both your parents so busy or careless that they won’t see you where you are for this long and they won’t visit? Let’s even assume that you live in faraway Damaturu in Yobe State and they are in Badagry in Lagos State, don’t you have relations living where you are they could have told them about the new development? Well, anything is possible, so, let’s take it that several elements have contributed to your parents not knowing till now that you have a son.

    If a census would be taken in Nigeria today, your son would be counted as one of us. He would also be counted as a member of a family unit – yours or your partners. If a family member dies today and they were to do an obituary, his name should naturally be amongst the family members listed. If your parents were to pray for all members of the family against certain evil, you would be doing the poor boy a lot of disservice by not letting them know in order to include his name. In fact, as this stage, he would miss out of being included in a Will if one were to be written today. So, the earlier the better you let your parents know that there is a beautiful addition to the family.

    How long do you intend to keep this good secret from your parents? Of course, they may be angry at first that you got pregnant instead of facing your studies, but the joy of seeing this baby would flush out the anger as soon as it appears. All sane people love seeing the offspring of their children.

    In these days and times when girls of 15 and 16 are having babies and their parents cannot kill them, isn’t it nice that you waited till age 22 to try motherhood? In fact, that is the right age for women to start motherhood. As we get older, the quality of egg decreases, so it is best for women to start early.

    If you’re finding it difficult to let your parents know, I’m very good at breaking good news; please forward your parents numbers to me. I can assure you that they would prepare a banquet for your arrival. I’m waiting for the numbers… I wish you the best.

  • The real secret of my success – Olanipekun

    The real secret of my success – Olanipekun

    Former President, Nigerian Bar Association (NBA), Chief Wole Olanipekun, a Senior Advocate of Nigeria (SAN) is not happy that Nigeria, despite its endowments, is still tottering. He bares his mind in this interview with Assistant Editor DADA ALADELOKUN. He also clears the air on some insinuations around his philanthropic gestures as well as his professional practice. Excerpts:

    Keen watchers of Nigeria ‘s democratic odyssey are quick to give the judiciary knocks over its role so far. What is your view as a stakeholder?

    The judiciary in Nigeria has fared fairly well. However, I must confess that we could have done better, but when you consider all the extenuating factors, one cannot but say that the judiciary has fared considerably well. In governmental nomenclature, we have the executive, the legislature and the judiciary. Without any fear of contradiction, of all the three, the judiciary is the best. Our judiciary is overwhelmed and afflicted by the problems it did not initiate. For now, there will be political lull in the United States of America for two and a half years or more, except when you go to the Capitol where there will be debates on national issues. But here, right from the day Jonathan and the other governors were sworn in on May 29, 2011 , the struggle for 2015 started and at the end of it all, the unfortunate victim is the judiciary.

    But let me say this as a lawyer; the person we have as the Chief Justice of Nigeria (CJN) now, I think, we are lucky to have her there. I don’t go to her office because I don’t patronise people. But I know that she is not bendable; she is not a woman that will take dictations from anybody. She is not politically inclined and she is not a respecter of any person, powers or principality. So, having her at the helm of affairs strengthens people’s hope in the judiciary.

    Practitioners in the echelon must not hobnob with the bad eggs in the society because you and I have transferred our independence and sovereignty to them. Ultimate justice is of God but they represent Him on earth. And for anybody who will occupy the seat of a judge, he must not make conscious mistakes.

    By your assessment, is that all about the ills plaguing the arm?

    There must be precedents and that is where I have reservations about the judiciary in the country. There must be certainty in law to some extent. More often than not, now, precedents seem to have no place in judicial decisions and this is worrisome. But I am happy that the Supreme Court is trying to address it.

    Another worrisome trend is the way our judges are being appointed as if they are state commissioners. These are people who will be invested with the power of life and death over fellow human beings. Lobbying should not be a factor. The Supreme Court should open its doors and windows to the very best in the profession in order to give room for a confluence of ideas that with strengthen the sector, all in the overall interest of the people. There are a lot of issues to be addressed. When a client brings his case to a lawyer, it is unethical for the latter to say, ‘you will win this case.’ I will always study your case and if I have a positive feeling, I would say, ‘your case is not frivolous; we will try our best.’

    But the issue of corruption is still there…

    When you talk of corruption, you talk of bad eggs; you talk of people who should not be there. Such a situation ought not to have arisen at all because it is a very delicate position vested with enormous power and authority over you and I. The President of Nigeria will say he is the Commanded-in-Chief of the Armed Forces of Nigeria. But he cannot say that I have contravened the laws of the land and therefore, I must be killed; he cannot say that.

    But the Constitution has invested somebody with that power to say, ‘with the evidence before me, you have been found guilty; therefore, you are sentenced to death.’ I therefore won’t buy the argument in some quarters that because our judges live within the Nigerian environment, automatically, they must be inflicted with the virus of corruption; it is nonsensical. The judiciary must be independent.

    Is it the same picture both at the federal and state levels of the arm?

    Let me say this that the judiciary at the federal level is by far freer than the judiciary at the lower levels, especially the state. A good number of the governors see the High Courts in their states as appendages of their offices; that is not good enough. Sadly, we keep on talking about the Federal Government to our own peril when we are talking of the judiciary. Nobody makes a microscopic foray into what happens at the states.

    Look at what happened in Kwara; the state House of Assembly and the executive removed a Chief Judge and nobody raised an eyebrow. The Chief Judge was already booted out, though she later went to the Supreme Court for justice. Nobody sympathised with her. Everyday is always awash with what happens at the federal level when worst things happen at the state level.

    On corruption, we focus on what happens at the federal level without considering what goes on at the state and local government levels because our federalism is an aberration.

    So, whether it is about corruption, education, judiciary and what have you, we must consider things globally and generally without a biased focus on the federal level. I am from Ekiti; the state used to be the bastion of cocoa production when we were growing up. I had my education through proceeds from cocoa; my father did not borrow a dime from anybody to train me. But where are the cocoa trees not in our country? When we were growing up till mid-60s, there was only one Federal Government school in the Western Region-Government College and Queens College , both in Ibadan .

    We all attended public and mission schools; where are they today? In our life time, where are the virtues that we keyed into while growing up? Where are the teachers? Where are the role models? Where are the politicians? Many youths today may not know how great people like Enahoro and Akintola were. To some, Akintola was only versatile in Yoruba language. Go through the archives and see how Awolowo, as the leader of opposition, would marshal his research-rooted points. Are we improving? No. Shakespeare would say that ‘the fault is not in our stars but in our selves.’

    Let us look at the whole noise about the absentee governors that is causing uproar in the country today…

    It is the height of irresponsibility. In the Book of Isaiah, God asked, ‘Who should I send?’ Prophet Isaiah said, ‘Here I am, send me.’ But in our own country, you see people saying they had a dream or heard a voice to serve as governor, forcing themselves on the people, begging them. Some would say, ‘oh, God has told me to contest,’ as if He is their fiefdom. So, if you volunteer to throw your heart into the ring in a bid to serve your people, it is, unequivocally, irresponsible for you not to be at your seat for four months.

    And sad enough, the Peoples Democratic Party (PDP) is urging us to sympathise with them. Why did they not say that during the case of Yar’Adua? And in any event, the constitution does not want anybody to sympathise with it. The constitution makes it clear that for any political office, especially, there shall not be a vacancy for a split second! Yakowa, the late Kaduna State governor died in that unfortunate crash. Even before his remains were taken to Kaduna , his deputy was sworn in because political offices, like nature, abhor a vacuum.

    Look at the case of Chime in Enugu . The position of Chime is not peculiar to him. He is a colleague of mine but we must say the truth in the interest of our nation. It is only a monarch that says, ‘this position is ours until we die.’ I had been out of the country for some days; so, I would not know if his deputy whom he purportedly handed over to, has presented a budget. The entire state has been held to ransom because of an individual. See what the state has been suffering and we are all looking as if nothing has happened.

    But if it were to happen at the federal level, the whole country would have literally been on fire. It is worrisome that Nigeria does not have a system; we are running people’s affairs like a game of chess. You practise whatever catches your fancy and impose it on the people. We in Africa always say ‘yes, a black man is the President of America; who told you? Yes, Obama may be, but his orientation and character are American; his focus is American; his conscience is American because there is an enduring system there. Anybody can live in America and be President because you cannot change the system. The same Bible with which the first President of America took his oath is still there. The seat of power is still there. Nobody will sell it off and say they are monetising.

    But the Enugu Assembly should have acted appropriately; don’t you think so?

    Oh yes; but they are not doing their job. The National Assembly is far more independent than all the state Houses of Assembly combined. They are lily-livered. Many go into the Assembly without any idea or ideology. All they need is a sponsor whose bidding they will get there to do. Now, people are talking about 2015; it is going to be the same old story. I am not an incurable pessimist; I am a realist.

    You sound not too comfortable with the situation of things in the country…

    Oh, yes! We are running an unhealthy system. And bad enough, the constitution is in a terrible state of health. It is amusingly worsened by the ongoing attempt by the National Assembly to revamp it; but the effort will take us nowhere. We have to sit down to chart a new course for our future. Let us forget about the contentious word, ‘sovereign’ and let us sit down to talk. We must not allow the disintegration of this polity. Look at the argument about state police. Some would say the governors will use it to haunt their enemies or opponents; is the President using it against his perceived enemies now? Who says my home town, Ikere, does not deserve its own police? This is the surest way to ensure security of lives and property in the country. Do we have political parties? All we have are groups without ideologies. I respect personalities but the general run of the dramatis personae in our political arena today is there to capture power without any clear-cut intention to serve the people.

    The Federal Government would say they want to ‘capture’ Lagos. Party ‘A’ would say ‘we want to capture this ‘state’. Rather than argue based on facts and criticise, our politicians would be cursing themselves; and this is among why people like us run away from politics. It is disheartening the word, ‘capture’ has assumed pre-eminence in our political lexicon. These are among the issues that have coalesced into an Albatross on our neck.

    Based on your experience as a lawyer, has it been happening in your professional constituency?

    Woe betides any lawyer that would tell a client, ‘give me some money to give a judge.’ I cannot say I have not heard it; but it is alien to our practice in my chambers. A lawyer must be sure-footed and creative. He must be a doctor, a psychologist; he must be the melting pot of all the professions. Above all, he must be close to God and always ask for the wisdom of the Holy Spirit. If God gives you wisdom, your opponents and adversaries will say you are cutting corners of using juju. Here, we employ knowledge and fidelity to law and what is good. And in any event, we don’t win all our cases; we lose some.

    I thank God because this is what I prayed for when I was going into this profession. The only Congress for Progressive Change (CPC) governor in Nigeria , I led the team for his defence in Nasarawa, from the Tribunal up to the Supreme Court. Yet, I was counsel to Jonathan against CPC. Despite that, CPC had confidence in me. I’m happy; I’m enjoying my profession.

    The Action Congress of Nigeria (ACN) and PDP are not the best of friends. On November 21, 2011 , the Federal Government charged Asiwaju Bola Tinubu, the ACN national leader before the Code of Conduct Tribunal. Three months before the charge was served on Tinubu – a brilliant, very sagacious man – he had called me and Yemi Osinbajo and put us into confidence. He said, ‘Wole, my friend, you will handle the situation.’ I led his very formidable team to ask the Tribunal to discharge and acquit him. I finished my submission around 12.30 pm that day. By 2.30 pm same day, I was in the courtroom of the Court of Appeal in the same Abuja to join my colleagues on the leadership of the defence team of the Jonathan election petition. It was the same day; defending Tinubu in the morning and Jonathan in the afternoon. That is the joy of the profession. I heard from the rumour mill that some people went to tell Jonathan that Wole is Tinubu’s friend and so on, but Jonathan reportedly told them: ‘Leave Wole; I have implicit confidence in him; the man will never compromise your case.’ If you know your onions, research well, conduct yourself well, refrain from abusing judges but not necessarily patronising him, with solid facts, your case is sure.

    Of recent, I have been lucky to lead very formidable teams of equally good, if not better lawyers than myself. But the defence would say, ‘come and lead the team.’ And they have been cooperating with me. I am a triangular person from my house, to my office and back home. I’m a member of the Island Club and many others, but the time is not there for me to club. The earliest time I leave office daily is 8 pm . I go to bed earliest by 11 pm . With the help of the Holy Spirit, I naturally wake up by 2 am everyday to read for three hours after fervent prayers and meditation. When I was young, I had dreamt of becoming a workaholic and successful practitioner like Chief FRA William. This has remained part of me and a secret of my modest accomplishment.

    Many still wonder how you cope, defending clients of opposing political leanings…

    Although I work for President Jonathan, I don’t go to Aso Rock; I’m not a contractor. Tinubu respects me and I respect him too. That would not have anything to do with my defence of Mimiko (Ondo State governor) in any electoral dispute. Apart from being my friend, he is my soul-mate. When my mother was alive, I would be in Ilorin ; he would leave his town, Ondo, for my house at Ikere and my mother would cook for him. He is one of my few friends who have shared same bed with me. The process of Mimiko becoming governor started when both of us were commissioners in the old Ondo State in 1992/93. I constituted and led the team of his election petition four years ago. We have been that close. He respects me and he will dare not ask me about my association with Tinubu or others. I don’t do the politics of my clients; I handle my job uncompromisingly. For me, my career is a covenant. If I have chosen to handle a

  • Party group alleges Mimiko operates secret accounts

    Party group alleges Mimiko operates secret accounts

    THREE secret accounts, allegedly opened and operated by the Governor Olusegun Mimiko administration, have been discovered by a political group within the Action Congress of Nigeria (ACN).

    The group, Independent Campaign Network (ICN), yesterday alleged that the bank accounts were opened between 2009 and 2010 to siphon public funds.

    Speaking at a press conference at the group’s secretariat in Akure, ICN’s Director of Communication and Strategy, Mr. Bosun Oladimeji, challenged Governor Mimiko to respond to the allegation.

    According to him, “we have relevant documents to substantiate our allegation.”

    Oladimeji alleged that the accounts were clandestinely operated by the government in three banks.

    He said: “Mimiko in his first broadcast introduced secret account into the lexicon of Ondo State politics when he accused former governor, Olusegun Agagu and the late Obolo, a Special Assistant to Agagu on Millennium Development Goals (MDGs) projects of operating a secret account.

    “No sooner he came on board than he opened the accounts secretly to indulge in the same act he accused his predecessor of.

    “The accounts were operated between February 2009 and January 2010. Through these accounts, recurrent expenditure and security votes were carried out. N100 million was withdrawn from a bank by a Government House official on the eve of the public declaration of Mimiko for a second term, held on July 25.”

    According to the ICN spokesman, a source provided the information with enough documents.

    He added: “Before the advent of the Mimiko administration, the immediate past government operated an Intercontinental Bank account for capital projects, but immediately Mimiko came on board, a new account was opened with the influence of an accounting officer.

    “The account is used for the collecting of the monthly VAT from the Federation Account. The monthly VAT accruable in the account is in excess of N15 billion as deposit. The monthly VAT accruable in the account is in excess of N653 million.

    “The former Intercontinental Bank account is being used for the draw-down of the N50 billion secret bond secured from the capital market.

    “As at now, N7 billion has been released to the state government, while another N10 billion was also released to the Ministry of Works. Yet no road has been inaugurated by the government since 2009.”

    Oladimeji also revealed the alleged fraud behind the Direct Labour Agency introduced to the state by the Mimiko administration.

    He alleged that a senior special assistant to Mimiko has mismanaged over N75 million on the two abandoned road projects.

    The projects, he said, had no bill of quantity, architectural drawing and approval.

    “Mimiko claimed that he renovated Odopetu, Okelisa and Isolo markets, built during Agagu’s administration, with N100 million. You can check the 2010 and 2011 budgets published by the Ministry of Budget and Planning,” he said.

    Oladimeji alleged that the N400 million budgeted for the revitalisation of the Arigidi Tomatoe Company was embezzled by some political appointees.

    He urged the electorate to vote out the Mimiko administration to save the state from financial recklessness.