‘Nigeria Needs State Police Now’
The Legal Profession in Nigeria is in dire need of reform, and the areas begging for attention are numerous. There are concerned Bar leaders, who have absolute confidence that the Nigerian Bar Association can do it. Pastor Dele Adesina, SAN has held sever
Learned Senior Advocate, there has been some controversy on whether Ibrahim Magu can continue as Acting Chairman of EFCC having been rejected twice by the Senate. What is your opinion on this matter? Do you believe that the rejection of Magu by the senate is justified? Is it lawful for Magu to still continue as the Acting Chairman of EFCC?
Thank you very much. You seem to have asked a three barrelled question rolled into one. In my humble opinion, I think the issue of Mr. Magu has been over-flogged. This issue has been in the public discourse for a long time that I think we should get to an end of it and get the nation to move forward. For me, the most expensive thing in life is time, and I think as a Nation, we are spending too much time on this issue. Having said that, it is not correct to say that Mr. Magu was rejected twice by the Senate. As far as I am concerned, he has been screened only once. The first time he appeared before the Senate, he was not screened having regard to the provisions of the Constitution and the practice of the Senate in that behalf. Screening is done at the plenary; questions are thrown to the nominee of the President and answers are elicited in an interactive session. To the best of my knowledge that has been done with Mr. Magu only once.
As to whether the rejection was justified or not, my subjective justification or otherwise, I think is of no moment. What is relevant is whether the Senate has the power to reject or not, and the consequences of such decision. Without any hesitation, I wish to say that the Senate has the power to screen Mr. Magu for the appointment and even the appointment of other members of the Board of the Commission except the exofficio members under Section 2(3) of the Economic and Financial Crimes Commission Establishment Act. It has been argued that the appointment of the Executive Chairman of the Commission does not require Senate’s confirmation, having regard to Section 171(1) of the Constitution. The proponents of this argument, contend that the office falls within the definition of extra ministerial department of the Government which does not require Senate confirmation under Section 171(1)(d) of the Constitution. I do not agree with this proposition because the extant provisions of the Act establishing the Commission in Section 2(3), made confirmation by the Senate a condition precedent to such appointment. I cannot find anywhere in Section 171(1)(d) of the Constitution where confirmation was
"I BELIEVE HE HAS A RIGHT TO RE-SUBMIT HIS NAME TO THE SENATE IN FURTHERANCE OF THE PRESIDENT’S CONVICTION THAT MR. IBRAHIM MAGU IS THE RIGHT PERSON FOR THE JOB...THE OTHER OPTION IS FOR MR. PRESIDENT TO SAY IF THE SENATE HAS SAID NO, THEN I SHALL SEND A REPLACEMENT. I DO NOT SUBSCRIBE TO THE ARGUMENT THAT HE CAN REMAIN IN AN ACTING CAPACITY AD-INFINITUM"
expressly legislated against. I submit that there is no conflict between the Constitution and the Statute establishing the Commission on this point.
Consequently, I want to say that Senate confirmation is a condition precedent to a valid appointment of the Chairman by the President.
What then is the consequence of the Senate’s rejection, which I said earlier has been only once. I submit that there are two options available to the appointing authority i.e. the President. I believe he has a right to re-submit his name to the Senate in furtherance of the President’s conviction that Mr. Ibrahim Magu is the right person for the job. In doing so however, Mr. President must deploy the weight of his office to lobby the Senate to achieve his purpose. Lobby is an essential ingredient in a democracy. Democracy thrives in an atmosphere of consultations, dialogues, persuasions and compromises. I think it was Obama, former President of the United States of America that said that democracy can be complicated, nevertheless, it is better than the alternative. As complex as it is, there is no better alternative form of Government to it. I checked my advanced learner’s dictionary and the word complex was defined as “having many parts connected together in a particular pattern”. The emphasis here is that democracy has many parts and what oils democracy to make the complicated system work is what I have stated above.
The other option is for Mr. President to say if the Senate has said no, then I shall send a replacement. I do not subscribe to the argument that he can remain in an acting capacity ad-infinitum. To do that in my humble opinion, is to subvert the letter and the spirit of the Constitution. Like the Holy Bible, the letter killeth, it is the spirit that giveth life. So also is a Nation’s constitution. The spirit behind confirmation or otherwise by the Senate, is not to render the responsibility to confirm irrelevant, meaningless or of no consequence and I think this is what the Senate is trying to prove by refusing the screening of the 27 nominated INEC commissioners until the Presidency takes a stand on the matter. The Supreme Court has said unequivocally, that the 3 arms of Government i.e. the Legislature, Executive and the Judiciary, must dance to the music and chorus that the Constitution beats and sings, whether the melody sounds good or bad.
Some have argued that the Frivolous Petitions Prohibition Bill 2015 is an attempt by the Senate to encroach on Freedom of Expression which is enshrined in Section 39(1) of the 1999 Constitution. Do you agree?
I agree with that position with all emphasis. The right to freedom of expression is a fundamental right stated in Section 39(1) of the Constitution and as I have always said, the Constitution is the supreme law. In other words, the provisions of the Constitution are supreme. There are several authorities of the Supreme Court to the effect that the Constitution of the Federal Republic of Nigeria 1999, is the barometer for measuring the validity of any other law in Nigeria. No statute, no matter how well intentioned, can derogate from or curtail a right or power that the constitution has donated. The rights of the citizens of this Country both those who are on the right side of the law, and those who are reasonably suspected of being on the wrong side of the law, must be protected and defended. This is because those rights, including the freedom of expression, are inalienable and immutable.
I believe that if this bill is eventually passed it will not survive the test of validity, because it will be clearly inconsistent with the provisions of Section 39(1) of the Constitution and of course, any law that is inconsistent with the provisions of the Constitution shall in the words of section 1 (3) to the extent of its inconsistency, be void.
However, we must realise that your right stops where my own begins. As much as you have a Constitutional right of expression and freedom of the press to write anything, it must be realised that I have a right to my dignity, to my reputation. I have a right not to be slandered or libelled and where you exceed your right, I have the law of libel to fall back on to protect my dignity and reputation. This right exists against anyone who in the process of pursuing his freedom of expression, goes beyond the limit. The right to protection is available to every person, whether in private or in public, who believes that his character has been defamed. I understand that Chief Obafemi Awolowo used to say that he never lost a libel suit. Everyone needs to recognise that reputation is all that counts for a man. Reputation is what people think, their perception and not necessarily what they can prove. Therefore, if you know that your utterances or your writings can destroy the reputation of another, it makes sense not to make them.
Do you think that the Senate has acted within its rights and mandate to insist that the Comptroller General of the Nigerian Customs Service wears customs uniform? Does the Senate have the power to summon Professor Sagay SAN because of his unfavourable comments about the Senate? Does the Senate have the powers to summon any and every Nigerian citizen before it, as it is presently doing? Many are saying that some of these actions by the Senate are ultra-vires.
I have followed the controversy surrounding the uniform saga with keen interest. It thus, appears to me that both the Senate and members of the public have left the substance to chase shadows. The reason behind the Senate’s summoning the Comptroller General cannot be faulted. The very obnoxious policy did not only anger the Senate, and justifiably so, as the elected representatives of the people, but the policy also angered the members of the public. Even in law, retrospective legislation is not allowed. Secondly, in law you cannot hold someone vicariously liable for a crime committed by another. These are settled principles of law. Be that as it may, in my own humble opinion, asking the Comptroller General who is an officer of the customs going by the office and rank as separate and distinct from the supervisory Minister under Section 5 of the Customs and Excise Act, it is not out of point to ask him to dress properly and proper dressing here, connotes wearing the customs uniform. If the rank of the Comptroller General is established by the law, either the substantive law or even a subsidiary legislation under it just like Comptrollers, Deputy Comptrollers, Assistant Comptrollers and others and these other ranks wear uniform, then the Comptroller General too, must be like them. That does not in any way derogate from the honour of being a retired Army Colonel.
With regard to Professor Sagay’s invitation to the Senate over his remarks on the Senate, I have a strong doubt if the Senate has the Constitutional powers to do so having regard to the reasons for the invitation. Mind you, I am not saying the Senate does not have the power to summon any citizen including Professor Itse Sagay, SAN in the exercise of its limited powers under Sections 88 and 89 of the Constitution. It must be stated however, that the power donated by these two Sections of the Constitution are not at large. They are limited only for the purposes stated in those sections. To the best of my knowledge, there is no bill before the Senate on this subject matter. Secondly, Professor Sagay is not a person charged with the duty or responsibility for executing or administering any law, neither does he or his advisory Committee disburse or administer monies appropriated by the National Assembly. Of course his Committee is not a ministerial department or an agency contrary to some arguments we have read in the papers or heard on the television. In my opinion therefore, the invitation in the context in which it was made has no Constitutional justification or validity. The Learned Professor was my teacher in the University and he knows I have a commanding respect for him. However, permit me to say that I do not admit the appropriateness of the use of the language employed by the learned Professor against the Senate. To say that the Senate of the Federal Republic of Nigeria is composed of people of questionable character or to say that the Senate is unserious and irresponsible, I think is too weighty and highly derogatory. Do not forget the legislature is really the symbol of our Constitutional democracy. It is the institution that shows the participation of the people in the running of their government, in addition to the elected members of the Executive.
Secondly, I think we need to weigh the impact and consequences of our actions and utterances, within and before the international community. Even where things fall short of our expectation, we cannot continue to do things that will amount to throwing away the baby with the bath water. When derogatory generalisations are made about our institutions, we destroy them. To say that the Senate is composed of people of unquestionable character, unserious and irresponsible, that the Judiciary is corrupt, that the Department of State Security’s report is unreliable, I submit, is to embark on a deliberate and systematic destruction of our democratic institutions.
The time has come for us to desist from making generalised allegations that are capable of bringing down our institutions, and become specific in our allegations, if the aim is to sanitise and purify these institutions. Everyone has an inherent responsibility and duty to work together as a team to building institutions of state in order to strengthen our democratic foundation. I think it was Senator Udo Udoma, the current Minister of Budget and National Planning, that said when he was in the Senate, that men are powerless to secure the future and institutions alone, fix the destiny of Nations. As to the assertion that some of the Senate’s actions are ultra-vires, the answer is very simple. If anyone feels aggrieved that the Senate has exceeded its Constitutional powers on any issue, the proper place to go is the Court that has the constitutional powers to determine such questions. And this can be done by somebody who is directly involved or any other person by way of public interest litigation, where the principle of locus standi has been drastically relaxed in favour of the litigants. By the way, let me add that, it is by taking such actions that we can put flesh into the letters of the Constitution. It is by so doing also, that we can know the ambit or the scope of any Constitutional provision and this is how we can make the Constitution work. Remember, nothing works by itself, things are made to work.
Kindly comment on the issues raised in the recent Fanta and Sprite case, Fijabi Adebo Ltd. &Anor. v Nigerian Bottling Company PLC and NAFDAC.
Let me say that I have not read the judgement, so my comments will be limited to what I read on the pages of Newspapers. The judgement of a court is a product of the facts and the law put before it, together with the issues canvassed before it. In order to make a deep and informed comment one needs to read the judgement. Notwithstanding this observation, I think the judgement has exposed the inadequacies of our regulatory bodies. If these products are not suitable for human consumption in the UK, I wonder how it can be suitable for consumption in Nigeria? I am not a doctor and so I don’t know if there is a difference between the composition of a man in the UK and a man in Nigeria or a child in the UK and a child in Nigeria. I wonder what the defence of NAFDAC would be in that case. I also wonder what the Standards Organisation of Nigeria has to say on this issue. These regulatory bodies are not just there for the sake of it. They are established and funded by the State to protect you and I. I think the judgement is a wake-up call to reinvigorate our regulatory agencies, in order to make them more effective and efficient to achieve the purpose for which they are set up.
In your opinion has President Buhari’s fight against corruption been effective and successful so far? What more can be done to intensify this fight? Has the fight yielded any fruits in the Judiciary since the DSS raid on some judges in October 2016? I think by and large, the fight has been
"...ASKING THE COMPTROLLER GENERAL WHO IS AN OFFICER OF THE CUSTOMS, GOING BY THE OFFICE AND RANK AS SEPARATE AND DISTINCT FROM THE SUPERVISORY MINISTER UNDER SECTION 5 OF THE CUSTOMS AND EXCISE ACT, IT IS NOT OUT OF POINT TO ASK HIM TO DRESS PROPERLY AND PROPER DRESSING HERE, CONNOTES WEARING THE CUSTOMS UNIFORM"
successful. Today I believe that it has been driven into the consciousness of individuals that there is a difference between private and public funds. It has also been acknowledged that there can be no business as usual. It is not an exaggeration if I say that Nigerians now know that certain things are wrong, and they must not do them. The fact that there are so many cases also going on simultaneously in our Courts, to hold people accountable for their past stewardship with particular reference to public funds, is also a reference point. I do not agree, in fact I disagree most vehemently with those who believe that the success or failure of the fight against corruption must be determined by the number of people clamped into jail, without complying with the fundamental provisions of the Constitution regarding their fair trial.
People have talked so much about delay in the prosecution of these cases, without any tangible attempt to address the cause of the delay. Delay in our judicial system is both systemic and human. The provisions of the Constitution regarding criminal trial, cannot by any stretch of imagination, be short circuited. People only remember to quote that justice delayed is justice denied, without remembering the other side of the coin that justice hastened is also justice denied. As a lawyer trained in the common law tradition, I believe justice must never be sacrificed on the altar of speed. It is often said that a Nation can endure with unbelief, but no Nation can endure with injustice. The state and the society are entitled to justice, as much as the person being prosecuted.
The fundamental question therefore is how to strike a balance between these two extremes that will guarantee justice, by not sacrificing speed while at the same time avoiding delay. This duty is on everyone including the practitioners of the law i.e. the lawyers and the judges, as well as the government. Recently, a justice of the Court of Appeal said that the total number of Judges and Justices in Nigeria are about 1200. If this is correct and I believe it is, what this means is that 1200 Judges and Justices are ministering to the needs of 180 million people. In some of our jurisdictions particularly Lagos, Abuja and Port Harcourt, cases are filed in excess of five thousand yearly. For instance by the end of March 2017 the Federal High Court in Abuja has recorded over 500 cases (civil only) while Lagos has much more. The number of the Judges available for adjudication I submit is not proportionate to the work load at every level of our courts in Nigeria. The Court of Appeal in terms of overload does not fair any better. Over 85% of the judgements of both the States and Federal High Courts are appealed against, and a good number of the divisions of the Court of Appeal are manned by 4 or 5 Justices with the exception of Abuja and Lagos which have 8 and 7 Justices respectively. The workload of the Supreme Court is worse. Cases of 2007 are still pending in 2017.
While intensifying the fight against corruption, I suggest it is of paramount importance to carry the Judiciary as an indispensable arm of Government, along. Secondly, there is also the need to embrace the support of legal practitioners, who under any circumstances, should not be seen as enemies of the fight against corruption just because they are doing their constitutional, statutory and professional duties. Nothing, in my opinion, should be done that will amount to criminalisation of legal practice. A lot of people have also argued that the crusade is not all embracing and that its not holistic. That argument needs to be looked into.
While the arrests, detentions and prosecutions have deterrent tendencies, I have not seen much effort or deliberate attempts at reforming the institutions of State that are prone to corrupt tendencies. Education and awareness campaigns, are key to inculcate new orientation and new values in and out of Government.
I would have loved to be saved from commenting on the DSS raid of judicial officer’s residences in October, 2016. I believe the raid by the DSS stands out as the greatest act of intimidation and blackmail of the institution. Even if this was not the intention of Government, it is certainly the effect and manifestation of the action. Also the attempt at that time to brand all the Judges as corrupt, I believe was a dis-service to the Nation. The truth is this, for every single Judge that may be corrupt, there are hundred judges that are clean and impeccable. The duty therefore, is to separate the wheat from the chaff, commend and encourage the multitude that are good, and punish the few that are bad. This is the only path way to sanitisation of the institution.
Do you believe that there should be a state police? Are you in support of Governor Ambode’s recent launch of the Lagos Neighbourhood Safety Corps with the goal of assisting to make Lagos safer for its citizens?
The truth, as inconvenient as it may be, is that we need a state police in a federated Nigeria. I think it was Sir Winston Churchill, former Prime Minister of the UK that said that truth is incontrovertible. Panic may resent it. Ignorance may deride it. Malice may even distort it, but there it is. We are all living witnesses to the current spate of insecurity in the Federation, particularly the new found crime of kidnapping. We also must accept that the police as we presently have it, is overwhelmed by this wave of crime and that is why more than ever before military is now involved in the task of maintaining internal security and preservation of lives and property in Nigeria. A function that hitherto was the exclusive preserve of the police under section 4 of the Police Act, to prevent and detect crime, apprehend offenders, preserve law and order, and protect lives and properties, are now co-discharged by the police and the military.
It is obvious to all that, the capacity of the present monolithic police system has been completely overstretched. That is one angle to look at it. The second angle is this. There is hardly any state in Nigeria today that is not, and this is in a major way contributing and providing equipments and operational vehicles to enhance the efficiency of the police in their State. Some even provide an enhanced insurance cover by way of incentive, to the police within their territory. The point I am making is this, the States as at today, collaborate with the Federal Authorities to finance and fund the Police – a Federal institution. These two arguments, with respect, cannot be faulted and they make the campaign for State Police most relevant. Apart from these practical experiences, I believe it can be taken as a norm of constitutional structure that anywhere you have a Federal System such as ours, you have a police system at every level of government. Examples are the United States of America, Australia and Canada, to mention but a few. The other point is the expansive nature of the Nigerian Federation. For effective policing, it has been argued by many that we need a police that knows the community inside out, with local legislation as its source and members drawn from the locality in which it will operate. Many have argued also and I share this argument wholeheartedly, that a centralised and monolithic police system is not the best for a huge nation like Nigeria with its multicultural and multi-ethnic diversity.
I am not unaware of some of the arguments that have been proffered against the idea of State Police. Some have argued that it will be misused and abused by Governors and other State political actors. Others have argued that we are not yet mature or developed to have a State police. These arguments can easily be faulted. First, the present police structure is subject to abuse and misuse, and we have evidence of such everywhere. Secondly, the proponents of the other argument that Nigeria is not yet mature or developed enough to have a State police, failed to tell us when we will be mature or developed enough to have it. I think the experiences of the moment as they relate to security of lives and property, to me, has made the issue of State Police in Nigeria compelling more than ever before. I have always said leadership responsibility demands the taking of hard decisions. I believe that this is one hard decision that Nigeria needs to take. I am in full support of Governor Ambode’s initiative.
Do you have any plans to run for the President of the Nigerian Bar Association? What ideas do you have that will improve the lot of Nigerian Lawyers and the practice of the legal profession?
Let me start by saying that tomorrow is in God’s hands. Human beings of all times are on a search for purpose and significance. I would like to say that I can make very tangible contributions and consequently, be relevant and significant to the Nigerian Bar Association and the legal profession, without necessarily occupying the position of the President of the Nigerian Bar Association. No doubt I have the dream and the vision to offer exemplary leadership that will create opportunities and possibilities for the Nigerian lawyer, particularly the younger members of the profession. One feels that this dream can be pursued within the existing structure in the profession, after all office does not make the leader, the leader makes the office. Leadership is not about where you are, but about whom you are.
I was the General Secretary of the Association between 2002 to 2004. Despite the length of time between then and now, colleagues still remember with demonstrable admiration, that I, together with that Executive under the leadership of Chief Wole Olanipekun, SAN, gave our all to the bar and the profession. We brought ideas to bear on our administration. We conquered fear and defended in a most dogged manner, the rule of law and due process. We defended the right of the Nigerian lawyer to practice their profession without let or hindrance. The idea behind the stamp and seal was muted by that administration, which idea was launched by the then Chief Justice of Nigeria, Honourable Justice Uwais at the National Executive Committee meeting which took place in Ilorin, Kwara State. It was intended to be a stop gap to the full fledged introduction of practicing licence for the Nigerian lawyer, to stop the wave of fake lawyers and promote continued legal education which we considered very important for efficient discharge of our professional services. The Administration in 2004 created the Sections on Business law and Legal Practice from the main body.
I refer to this, just to support the view that I pursue whatever I believe in with complete passion, total commitment and unreserved dedication. That executive was very progressive and dynamic. On the supremacy of the rule of law, we were fearlessly aggressive. On the issue of sustainable democracy, we were visibly proactive. On the welfare of Nigerian lawyers, we were committedly creative? and we were demonstrably purposeful on the general issue of administration of justice in Nigeria.
I assume you ask this question because you are fully aware I ran for the office of President in 2014, and my experience was everything but palatable. I gave it my best shot with a realisable and pragmatic manifesto, excellent campaign materials and dedicated pursuit as I pursue any other goal. It is doubtful, if I would like to expend such extremely high degree of efforts again.
There is a lot to do if we must improve the lot of our members. There is a need for example, to promote their welfare, their security and economic advancement. There is a need to particularly focus on the welfare of junior members of the bar, who are in their thousands today and most of whom are almost hopeless in the profession, because of hardship and problems they did not create. We must take on the task of providing platforms for capacity building for them, as well as economic empowerment and strategic mentoring programs in order for them to develop hope in the profession, generate confidence in themselves and provide guarantee that they can realise their dreams in the profession.
Secondly, the point must be made for the umpteenth time that the practice of the profession cannot be enhanced beyond where we are, until we embark on a sustained campaign against the cankerworm of delay in the administration of justice. I have made a few suggestions on this in the course of this interview. I believe the time has come for the beneficiaries of legal services to have value for their money and be made to understand that, there is no alternative to the pursuit of justice through constitutionalism. To this end the NBA can drive a policy that will establish a platform like the administration of justice committee to be composed of both members of the Bar and the public at National and State levels, to monitor the goings on in the administration of justice. I believe by so doing, inadequacies will be discovered and addressed, excesses of both lawyers and judges will be remedied, and solutions found to other problems that may be militating in general against the administration of justice. I still believe that the best profession you can be is the legal profession, notwithstanding the seeming campaign of calumny against the profession as at now.
Somebody said in the days of old, let us kill all the lawyers. That campaign was because they felt lawyers withheld the key of knowledge from others, as they failed to impart knowledge on the public. That argument no longer holds. The role of the lawyer in any democratic society cannot be over emphasised. It is our role to consistently defend the truth and justice. It is our role to break the rod of oppression, and it is our role to ensure that the ordinary citizen is protected from power, its excesses, its misuse and its abuse. The largest room in the world is the room for improvement. If the Nigerian lawyer
"THE TRUTH, AS INCONVENIENT AS IT MAY BE, IS THAT WE NEED A STATE POLICE IN A FEDERATED NIGERIA. I THINK IT WAS SIR WINSTON CHURCHILL, FORMER PRIME MINISTER OF THE UK THAT SAID THAT TRUTH IS INCONTROVERTIBLE. PANIC MAY RESENT IT. IGNORANCE MAY DERIDE IT"
has fallen short of expectation somehow and somewhere, there is the opportunity to improve.
I must add that the lot of the profession will be better if the Judiciary can be sufficiently funded, unlike the peanuts that is being allocated to it in the budget. Before the Budget proposal now pending at the National Assembly, the budget of the judiciary had always been on a downward trend. If I am not mistaking, I think the budget of the judiciary this year which is slightly above N100 billion is the highest I have seen allocated to the judiciary. Of course, arising from the poor funding, are inadequate infrastructural facilities, poor remuneration and allegation of judicial corruption amongst others. I believe that making the judiciary better is a guarantee for making the Nation better for all.
Are you satisfied with the standard of legal education in Nigeria? Do you think that the Nigerian Law School should have been decentralised? Do you agree that the Decentralisation of Law School has resulted in taking the edge off the quality of lawyers that are being churned out today?
To say that one is satisfied with the standard of legal education in Nigeria today is to deceive one’s self. Education is the most powerful weapon to change the society. The fall in the standard of legal education has also resulted in the fall of in the standard of legal practice. As far back as November 2002, at the NBA NEC meeting held in Makurdi, one of the principal issues of focus at that meeting was the issue of falling standard in the profession. Two senior members were invited to make a written presentations on the issue. These were Chief Mike Mamman Usman, SAN and Professor Ernest Ojukwu, SAN. This is to let you know that some of us have been worried about this matter for some time now. I also made this a campaign issue in 2014. I talked about setting up a platform to assess the state of legal education in Nigeria, including assessing the role of law teachers in our faculties of law in the Universities, appraising the curriculum and content of legal education and the impact of Government policies on University education, particularly the proliferation of Universities and establishment of faculties of law. I must say from my own point of view, that I do not think the problem is that of the Nigerian Law School wholesale. No. Our searchlight must be thrown on the different faculties of law.
It is gratifying to note that the current President of the N.B.A, A.B. Mahmoud, SAN, is focusing attention on this issue in a most pragmatic manner and this is highly reassuring. I am aware of the NBA Legal Profession Regulation Reviewing Committee set up by the President under the leadership of Chief Anthony Idigbe, SAN. I have not only submitted a memo to them, but I also attended the town hall meeting organised by the committee in Lagos on the 14th of March, 2017. I must say it was a very resourceful program. Issues as to whether law should be made a postgraduate course as you find in some other countries like the United States of America, whether the Nigerian Law School should be a two year professional program, as against the current one year as well as the issue of pupilage and the number of years it should be, were some of the issues considered. We also focused attention on the critical area of continuing legal education.
I think the NBA needs to get more involved in the affairs of the statutory bodies such as the Council of Legal Education, and the institutions providing legal education in Nigeria with regards to quality assessment and setting of standard bench marks for these institutions. After all, when their products graduate as lawyers, they become members of the Nigerian Bar Association. Once backed up by statute, the NBA can evolve a strategic program to ensure direct involvement, engagement and participation in the affairs of the institutions. I see no reason for example, why NBA cannot accredit law faculties in Nigeria. We have the responsibility to determine what and how those joining our profession should be trained, both at the law faculties and at the Nigerian Law School.
It is neither the Nigerian Law School nor the decentralisation of the law school that has contributed to this state. No. As a member of the Screening Committee of the distinguished Body of Benchers for many years now, I know that the six campuses of the law school are under the same Director General, running the same curriculum and writing the same qualifying examination. The law school program at present runs for only one year, and as the saying goes, you cannot bend a dry fish. The formative period is very important. The number of subjects a student must pass at the West African Examination Council, the number of years spent in the University and the quality of professors and lecturers in the Universities are relevant factors, before the student gets to the Nigerian law School.
The NBA is presently engaged in nationwide consultations with lawyers in an effort to review and totally overhaul the legal profession in Nigeria. What will be your suggestions to the Chief Idigbe led committee?
I think I am right in saying that I have answered this question. However, let me add that it is encouraging to note that the activities of the Committee has generated a lot of interest and people are enthusiastic to make suggestions to the committee. Like I said, I have submitted a 13 page memo and interestingly, at the town hall meeting, held in Lagos I was pleased to know that both the President and members of the Committee confirmed that they have read my memo. Having regard to the contemporary criticisms against lawyers, and the current perception of members of the public about the Legal profession, I suggested an overall review of our professional ethics and code of conduct and effective enforcement of these codes. I also suggested an aggressive pursuit of the amendment of the Legal Practitioners Act by getting the National Assembly to pass the Legal Practitioners Amendment Bill, which has been pending before the Parliament for a long time, so that the provision on practice licence can enjoy statutory backing for implementation.
This practice licence together with the stamp and seal program, will not only curb the incidences of fake lawyers, but more importantly assist in the proactive implementation of a virile and dynamic mandatory continuing legal education to be run by the Institute of Continuing Legal Education. The idea is that a practitioner must have attended a number of continuing legal education programs and scored a particular number of points as a precondition to having his or her practicing licence renewed annually. This is important because, it is the supply of fresh wood that keeps the fire burning.
I’ve talked on statutory backing for the NBA to give it power of assessment and evaluation of law faculties and Nigerian law School with a view to raise quality and standard of legal education in Nigeria. I’ve also suggested a strategic program to drive mentoring not only for junior members of the profession, but also for law students in the Universities. Other suggestions are contained in my memo. In addition I will like to suggest that the Committee can invite memos from members of the public who are the primary beneficiaries of legal services, for their contributions, in the effort to make the profession better to deliver satisfactory and good legal services.
Despite the introduction of universal suffrage and electronic voting by the NBA for its election into National offices, the election as witnessed in the last exercise was still not rancour free. As one who has run for the office of the President of the Association before, what will you suggest as a lasting panacea to this problem?
I must say with all sense of responsibility that rancorous elections and election disputations were not common with the NBA. Yes, in 1992, NBA had some problems in Port Harcourt, but I believe that NBA would still have conducted a successful election but for the role of the Military Government. Before the election there had been a highly visible face-off between the Bar and the government because of the deliberate and purposeful determination of the Bar to enforce the rule of law and obedience to court orders. That crisis stagnated the National Body for about 6 years from 1992 to 1998. It was only in 1998 that we elected new President and other National officers under a very smooth and congenial atmosphere at Abuja, after a successful initiative midwifed by the Committee of Chairmen and Secretaries under the leadership of Chief Adegboyega Awomolo, SAN. That Committee was formed at Ikeja following the suggestion of Chief Wole Olanipekun, SAN who was the key note speaker at the 1996 Ikeja Law Week dedicated to finding ways and means to resolve the debacle of the National Body.
Our leaders must be above board like Ceasar’s wife. Once you are a President and you have spent your time and run your administration to the best of your ability and capacity, the Electorate must be allowed to elect the President of their choice, in a free and fair election. That is the whole essence of democracy. In a democracy, minority of course will have their say, but the majority must have their way. It is a rare privilege to be elected President of the Bar. That privilege must not be abused by forcing a successor down the throats of the generality of NBA members and this must be so, irrespective of whatever electoral system that is put in place.
Like I said in my memo to the Chief Idigbe Committee, I commended the introduction of electronic voting system introduced by the immediate past President Austin Alegeh, SAN. This system should now be reinvigorated and fine tuned, in order to guarantee and deliver a credible electoral process. Once the process is credible and transparent, there will be no rancour. The generality of Nigerian lawyers I believe, agree on the point that the former delegate system which itself was a product of the lessons learnt from the 1992 crisis, has been so manifestly misused and abused, that it deserved to be consigned to the dust bin of history. I have also suggested to the Committee that the universal suffrage through the electronic voting system should be maintained, sustained and applied in an open and transparent manner, in order to guarantee the sanctity of our electoral process.
On the occasion of your 60th Birthday tomorrow April 12, 2017, reflecting on your life so far, how has the journey been? Are you fulfilled? What are your plans for the next 10 years? Do you have any interest in politics? If you had the chance to go back and change anything in your life’s journey, what would it be?
The secret of men they say is in their stories. I believe I can say with gratitude to God that my journey of life so far has been a great one. I also believe with confident assurance that the journey will still be greater in the days ahead because of the living word that says “Remember ye not the former things neither consider the things of old behold I will do a new thing”. God is in the business of doing new things every day.
That is not to say there have been no trying moments. The truth is that there have been, but the word of Bishop David Oyedepo, that you cannot win the prize if you fail to pay the price, has been a driving force and my motivation. To be a star of course, you must endure the scar. Nothing of value is free. The song writer says count your blessings and name them one by one, and it will surprise you to see what the Lord has done. In our family we acknowledge and celebrate what the Lord has done. We do not see what He has failed to do. Somebody said that the same adversity that causes some people to break down causes others to breakthrough. I see problems as challenges and stepping stones, rather than obstacles or impediments.
The truth is that I can’t believe I am 60. To say I am 60 is like a dream to me. Once again let me say to God be all the glory.
Without any hesitation whatsoever, I say yes, I am fulfilled. I recognised a long time ago, that a man’s picture determines his future. In my vision, I saw the picture of an outstandingly successful person in all ramifications of life, and chapter by chapter I am seeing the vision fulfilled. While I thank God for this, I also thank Him in anticipation of what He will yet do, because there are still more chapters ahead.
I am hid in Christ and Christ in God who is the author and finisher of our faith. He unfolds His plans in stages. Permit me to say that my vision for the next 10 years and the mission to accomplishing that vision are already settled between me and Him. What you don’t expect you don’t experience. Because you cannot fly higher than you see, let me tell you that I see greater days ahead.
The essence of life is to add value to life and to the lives of others, and this can be achieved in or out of politics. I do not think, I may be wrong, that I am interested in partisan politics. In the words of Nelson Mandela, life sometimes has a way of forcing decisions on those who vacillate.
Self examination and personal appraisals are my facts of life. I appraise myself from time to time. With all sense of responsibility, I do not see what I will want to change if I have a chance to start all over again. I will still want to be a Lawyer that I am now, married to Mercy Bola Adetokunbo who is my wife now and be the father and grand- father of the children and grand children that God in His gracious mercy has blessed me with. I will still make friends with all my friends. Perhaps, I will pray much more to have more friends that will be loyal to me just the way I am unreservedly loyal to them.
We wish you a very happy 60th Birthday. Congratulations.
Thank you very much.
"LIKE I SAID IN MY MEMO TO THE CHIEF IDIGBE COMMITTEE, I COMMENDED THE INTRODUCTION OF ELECTRONIC VOTING SYSTEM INTRODUCED BY THE IMMEDIATE PAST PRESIDENT AUSTIN ALEGEH, SAN. THIS SYSTEM SHOULD NOW BE REINVIGORATED AND FINE TUNED, IN ORDER TO GUARANTEE AND DELIVER A CREDIBLE ELECTORAL PROCESS"