The Guardian (Nigeria)

1999 Constituti­on a source of dissatisfa­ction, says Onigbinde

- Read the remaining part of this interview on www. guardian. ng

Dr. Akin Onigbinde ( SAN) is a former speaker of the Oyo State House of Assembly. In this interview with ROTIMI AGBOLUAJE, he declared that section 214 of the 1999 Constituti­on should be amended to accommodat­e state police and multi- level policing. He also advocated the establishm­ent of regional Supreme Courts to reduce the workload in the dockets of the current apex court, among other issues.

The debate on constituti­onal amendment has gained more traction lately. Which areas do you think the country must focus on? HE

Tfirst area I think we should pay attention to is the idea of the source of the Constituti­on. It continues to be a source of dissatisfa­ction to people that this constituti­on didn’t arise from the ethnic nationalit­ies that make up Nigerians. The opening chapter of the Constituti­on says, ‘ We, the people of Nigeria’. And people are saying there was nowhere they agreed to put together that Constituti­on. So, the Constituti­on is a documentar­y lie. We have to address the issue of the source of the Constituti­on, whether by the combinatio­n of our visitation­s on the previous reports such as the 2014 Confab or by the act of the National Assembly. Then, an aggregate of the people of Nigeria can say they now have a Constituti­on that is proclaimed by them. The question of the illegitima­cy and the falsehood of that document as a military contraptio­n would have been laid to rest, and people would be ready to accept it as a proper document that regulates our lives.

If you read the history of the Constituti­on of America and you go through what you call the Federalist Papers, you see that every area of their lives was thoroughly argued out in the Federalist Papers. People went through it, disagreed over it, and finally, a document evolved. We need to interrogat­e so many areas of our lives that are giving people discomfort and then come up with a document that everybody can say is acceptable. It doesn’t mean the American Constituti­on has not been amended over time, but it doesn’t affect the country. Every constituti­on is a product of human intellect. It is subject to errors. It is subject to becoming archaic and not being relevant to current realities. You can always change and evolve it around the realities and so on. That can be understood and accepted by everybody.

So, once we deal with the issue of the foundation, we can then start to interrogat­e the various sections and see how they are helpful to us.

Let’s take, for instance, the issue of security, which is at the top hierarchy of our national concerns now. We call ourselves the Federal Republic of

Nigeria, but in reality, we are not operating like a federating unit.

All the powers are concentrat­ed at the centre. Military power is concentrat­ed at the centre.

Having Immigratio­n and

Customs at the centre is understand­able, but what about the police? Do you need to have a single police system to organise social order from Zamfara State to Uyo, from Uyo to Ogbomosho, and from Ogbomoso to Lalupon? Policing means being able to have informatio­n and intelligen­ce and bring order to an immediate community. You can’t possibly efficientl­y do that on a national basis. We are interested in using the American example, but you have federal police in the US, Federal Bureau of Investigat­ion ( FBI). The US has state police, community or county police. Some universiti­es have campus police. The crime and security reality of every environmen­t varies and the budget that everybody is ready to put into their policing is also different. If Lagos is going to have its police force, it has to be related to the population, the rate of crime, the rate of mobility, the number of vehicles in the environmen­t and so on. So, you don’t expect Zamfara State to have the same budget for policing like Lagos because the realities are quite different. Like any federating unit, you decide how much you are ready to spend on education, health and security. So, we don’t keep deceiving ourselves that we are a Federal Republic when, in fact, we’re a centrist, unitary system of government. That is what is creating all of these inefficien­cies.

We have to address the issue of the source of the Constituti­on, whether by the combinatio­n of our visitation­s on the previous reports such as the 2014 Confab or by the act of the National Assembly. Then, an aggregate of the people of Nigeria can say they now have a Constituti­on that is proclaimed by them

It is section 214 of the Constituti­on that provides for a central policing system. Should it be expunged?

It should be amended. I’m not saying it should be deleted. But let the eagle fly, let the kite also fly. If one says no to the other, let its wings break, to use the language of Chinua Achebe. There is nothing that stops us from having a federal police system together with state police just like America has the FBI. There are federal offences that the FBI investigat­es. It is not every offence that will warrant the Inspector General of Police sending his men. Let there be federal offences, state offences, and local government offences that will be managed by the different strata of policing arrangemen­t. We need not delete it, but we don’t need something as large as the present federal police system. It is inefficien­t and expensive, and it creates problems of jurisdicti­on.

Governor Seyi Makinde said he didn’t need to submit any memorandum on state policing to the National Economic Council. What do you have to say about that?

Well, Makinde is not the only governor who has not submitted. 20 governors have not submitted. Makinde may be an engineer, but he’s he s a very reflective person. He demonstrat­es a deep understand­ing of the operation of the state. That he has not submitted does not mean he won’t or that he will. But he takes his time to be able to reflect on what w he thinks is the best for the state. At present, even without with having a state police, the little initiative of the Amotekun Amotek corps that himself, the late Governor Rotimi Akeredolu, Akeredo and others in the Southwest put together has been be very effective in minimising the rate of crimes crime in Oyo State. It is not what it used to be. Ibadan Ibad and Oke- Ogun used to be centres of violence violen and fear. This is not the case again today. today If you go to every nook and cranny of the state, you will see Amotekun Corps Co vehicles.

When people know that they are under un surveillan­ce, it is a disincenti­ve to crime. crim So, they may not be calling Amotekun Amotek state police yet, but there’s effective effect policing of the State. Remember that t Amotekun was resisted by the former form Attorney General of the Federation, Federati Abubakar Malami, but people took to courageous steps, and all of us are beneficiar­ies of the outcome. So, it’s not so much of the hood but the monk. What is important is what the people in charge are doing to make m sure that they resolve the problem probl of insecurity on the ground.

Are you comfortabl­e with the pace p of this constituti­onal amendment amendm process?

Well, every successful institutio­n is subject to evolution. We are often of in a hurry to get certain things thin done in this part of the world. We act first, many ma times, and think later. As A I said, when the American Americ Constituti­on was to be made, there were a lot of arguments before bef they came up with it. We need to th think through the implicatio­ns of the amendment that tha is proposed to Section 214. This is because there are consequent­ial realities that will follow. Will the police still have the same budget if there are now state police? Will you be dividing the budget of the police between the federal police and the new state police? There are financial implicatio­ns that will arise. There are human resources implicatio­ns. What about those people who are already in service of the federal police, but are from Oyo State? Would they have a choice to stay with the federal police, or would they be brought to their state of origin? How do you manage the necessary constituti­onal and legal fallout that those types of decisions are likely to create? What about the issue of conflicts? How do you manage jurisdicti­on between federal police in Eleyele and state police, maybe, with its headquarte­rs at Akinyele?

The federal police that have been there in Eleyele may feel that those people in state police are just coming, and the federal police would be in charge of Oyo State now. How do you intend to regulate the relationsh­ip? Now, you start to build headquarte­rs, and you have to buy arms. How do you regulate arms? Already, we have difficulty controllin­g small and medium arms. We haven’t been able to control who gets what. We don’t want to solve one problem and create more serious problems. These are issues you need to think through. These are issues that any governor must reflect on and think through. The governor is the person on the ground. Whatever trouble in any state, it is the governor who will have to provide the answer. Let us see that we have to address and interrogat­e the automatic fallout of those types of amendments before we would say we are opting for state police.

The number of Justices at the Supreme Court is now complete. Despite that, the workload there is still much. Would you support the regional Supreme Court system?

Again, let us evolve. The Constituti­on, at present, stipulates the number of Supreme Court Justices we must have. We never did. So, it created a whole lot of problems in terms of the workload that Justices of the Supreme Court had to face. It’s amazing how they can cope, particular­ly during the election season, when virtually every other area of adjudicati­on came to a halt because election cases are time- bound. But now, we have solved that problem. The current Chief Justice of Nigeria has been courageous enough to propose and source competent people who can fill the empty chairs in the Supreme Court. He made that promise at the beginning of his tenure and he has been able to fulfill that. It’s not an easy feat to achieve, bearing in mind the fact that the process of appointing Supreme Court Justices is not limited only to the CJN. He has to ensure that the National Judicial Council ( NJC) is in sync with him.

Although he’s the chairman of the NJC, he’s not NJC. He must make sure that the NJC is in sync with him. Otherwise, he would have found it difficult to do what he did. Then, it’s the president who approves. If he was busy fighting the president, his request may still be in the office of the president until now. We have, at least, conquered that particular area.

Some of us who are legal practition­ers are happy with the appointmen­ts, but we thought that the opportunit­y should have been expanded beyond judicial officers to academics. If the Supreme Court finds it good to appoint academics to become Senior Advocates of Nigeria, if we have a history of academics like Teslim Elias, Karibi- White, and others becoming Justices of the Supreme Court and they had stunning performanc­es, that window shouldn’t be shut out to those who are interested. But again, we’re evolving. Maybe, during the next set of appointmen­ts, we’ll have a situation where people with sufficient legal understand­ing will be appointed.

 ?? ?? Onigbinde
Onigbinde

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