‘Nigeria, Not Ready for Another War’
Professor Akin Oyebode is unarguably unrivalled in many spheres. He is a delight to interview, as he never shies away from expressing his views on any issue. Fearless, cerebral and sometimes acerbic, Professor Oyebode has taught law in Nigerian Universiti
Prof, do you think that anything useful has been achieved from the DSS raids on the Judges in October, 2016? Are you satisfied with the outcome of the proceedings against the Judges so far? The raids on residences of judges by the DSS at an unholy hour, might have resulted in the seizure of exhibits, but have been vitiated by the ostensible flouting of due process and should, therefore, be strongly deprecated. It is improper, to seek to enforce the law through its breach. The whole thing smacks of the excesses of the court of Star Chamber in 14th century England, and should not be encouraged in modern Nigeria.
Given the facts of and proceedings in the case, was the Code of Conduct Tribunal right to uphold the No Case
Submission in the Senate President's case?
The matter is still sub judice, but on the basis of popular perception, it would appear that justice is yet to be served in the Saraki case. We can only await the appellate decision, since three good heads are arguably superior than what one or two judges of an inferior tribunal have come up with. How would you rate Government's fight against corruption so far? Do
"I AM ON RECORD, AS HAVING BEMOANED THE LACK OF A STRATEGY TO COMBAT CORRUPTION IN THIS COUNTRY"
"EVEN IF WE CONSIDER CAPITAL PUNISHMENT AS TOO DRACONIAN, WE SHOULD NOW CONSIDER LOCKING UP THOSE ADJUDGED GUILTY OF CORRUPTION AND THROWING AWAY THE KEYS!"
you think Government has recorded any significant successes or do you like many others, believe that Government and its agencies, are only good at media hypes that yield no useful results, like the case of the money found in the Osborne Towers flat, of which nothing has been heard about since the discovery? You are very well known to have an avid aversion for corruption. Today, every imaginable approach to tackle this systemic monster, has so far defied solution. Some have even said that corruption can never be brought to an end in Nigeria. What are your thoughts on how Nigeria can overcome this problem permanently?
I am on record, as having bemoaned the lack of a strategy to combat corruption in this country. The jabs at the local tentacles of a global octopus while deserving some commendation, needs to be complemented by a wholesale rethinking of our inherited criminal jurisprudence. The adversary system borrowed from England, reflecting procedural safeguards such as presumption of innocence and onus of proof on the prosecution, I believe, can do with some overhaul, by taking a look at the French system of putting the onus of proof on the accused instead of the State. Some may frown at this suggestion, but it seems to me that, as a people, we should reconsider a jurisprudence that has enabled big camels to pass through the eyes of the needle. We should enquire how a British- trained barrister such as Lee Kuan Yew, could trim the excesses of British law and practice and succeed in whittling down corruption to the barest minimum in Singapore.
Besides, I believe it is about time we reviewed our penal sanction in respect of corrupt practices. Even if we consider capital punishment as too draconian, we should now consider locking up those adjudged guilty of corruption and throwing away the keys! Agreed that certainty of punishment better serves the interest of deterrence, a lot more than severity, as Bentham had suggested, slapping the corrupt on the wrists, should no longer be the case if we seriously wish to combat the ogre of corruption. Hopefully, the new Federal Government Guidelines on combating corruption will go a long way in containing the virus, especially
if confiscation of ill-gotten wealth and unjust enrichment generally, is placed on the front burner.
President Muhammadu Buhari has been away in the UK on his second medical trip this year. Some are calling for his resignation, citing incapacity to rule as the reason, saying that it is obvious that the Federal Executive Council is unlikely to invoke Section 144(1) of the Constitution against him, while others believe that the President's absence is unimportant, as the Acting President is holding the fort adequately. What is your view on this matter?
Well, the operating Constitution has made provision for such exigency, having learnt necessary lessons from the Yar’Adua imbroglio. Presidents and Heads of State becoming indisposed, are situations not unknown in history hence their Deputies
are usually on stand-by to stand in. It is obvious that, Buhari could not have wished incapacitation on himself hence, we have to sympathise with him and wish that he recovers soonest, more so as Prof Yemi Osinbajo has been admirably fulfilling his call. Anything short of that, would be most uncharitable and indecorous. Asking him to resign could set in motion consequences that no-one can foresee. One way or another, things would work out.
The agitation for the restructuring of Nigeria has reached some sort of climax. Some have argued that no other Confab on restructuring is necessary, as the actualisation of the Report of the 2014 Confab may be the answer. Do you agree? Groups like IPOB think that secession is the answer. Others say Section 2(1) of the Constitution which provides that Nigeria is an indivisible and indissoluble Sovereign State, should be our watchword. What form do you think that the restructuring should take?
I was a member of the Confab, and I must confess that I was saddened by the decision of the Buhari Presidency, to consign the Report that came out from the Confab to the archives. Going by the caliber, diversity, intensity and rigour exhibited by the participants, it would simply have been dysfunctional and counter-productive for the country not to avail itself of the decisions struck during the deliberations. However, as fate would have it, there is now overwhelming support among Nigerians, for revisiting the conclusions arrived at therein. Those canvassing referenda on the destiny of the country, are merely grandstanding and speaking through their hats. We are not in Scotland, Catalonia or Quebec and other places, seeking referenda or plebiscites to reinforce their national identity. Dissolving well established subjects of international law in today’s world can only come about via sweat, blood and tears and I do not believe that Nigerians are ready to fight another war. What we need more than anything else, is to iron out the rough edges of our country’s fundamental law, by adopting more inclusive and integrative modalities of our co-habitation. We should all realise that, no part of the country can go it alone and we are better off living together in a single country founded on peace, equity and justice, rather than people insisting that it is either their way or the highway.
The Soviet Union where you studied disintegrated at a time when it was the envy of other world powers. Today
Brexit is taking its toll on the European Union, while England is battling with the agitation of Scotland and Wales to exit. What lessons are there for Nigeria and the WestA frican Sub region?
The end of the USSR, can be considered a consequence of misplaced nationalism and a beggar-thy-neighbour mentality. Nevertheless, we need to learn the correct lessons, that not paying attention to lack of cohesion, mutual respect and equality of status and opportunity, could prove fatal to any heterogenous country. This much we can discern from the demise of the Soviet Union, Yugoslavia and Czechoslovakia, but comparing the situation in Nigeria to Brexit is, quite frankly, comparing apples and oranges.
What kind of results do you think Government's new initiative on Tax Defaulters, the Voluntary Asset and Income Declaration Scheme will yield?
The policy of the Federal Government regarding amnesty for tax defaulters, and widening the tax net to capture foreign assets belonging to Nigerians is bold, imaginative and innovative, for which its authors deserve accolades. It is my view that, the country would most likely surpass the one billion dollar target envisaged under the scheme.
Recently, Honourable Justice Tsoho of the Federal High Court, declared the 2015 NBA Amended Constitution null and void, due to its failure to comply with Section 598 of CAMA. What is the effect of this judgement on the NBA leadership?
It is my considered opinion that, the decision has effectively taken the wind off the sails of the present NBA leadership. Of course, the judgement could be taken upstairs, but, for now, everything is in abeyance.
That the Niger Delta is polluted from the activities of oil companies and the area is underdeveloped are facts. However, some believe that the agitation of the Niger Deltans at the inception of the Buhari Administration, was politically motivated against the present Government, simply to foment trouble, since it did not seem to be as loud when Jonathan, a son of the Niger Delta was President. Do you agree? Be that as it may, what do you think Government must do to clean up and develop the Niger Delta effectively, as opposed to the half hearted efforts that have been made in the past?
Well, to any objective observer, the attitude of the Niger Delta militants at the present point in time, would appear to be politically motivated, without prejudice to the fact that the country should take greater care of the goose that lays Nigeria’s golden eggs, through meaningful restoration and remediation of the degraded environment, which had rendered the area inclement and inhospitable. Consequently, Nigeria has to assuage the festering sore that the Niger Delta has become.
You have practically seen it all in the Nigerian university system, as Lecturer, Dean and Vice Chancellor. There is now, this worrisome trend of the dearth of professors of Law with PhD degrees in our law faculties. What is the possible implication of this on academic excellence in our law faculties? How can the trend be reversed?
I have news for you. Many more young law lecturers have apprehended the wisdom in pursuing Ph.D.s. At a time at the University of Lagos, I was the only professor of law with a doctorate, but that is no longer the situation.
Many middle class Nigerians now prefer to send their children to foreign universities. Some even now send their children and wards to universities in Ghana and Benin Republic. The emergence of private universities doesn’t seem to have helped. As one who has been in the system for decades, how can this problem be stemmed in its tide?
Nigerians, like many people, usually believe that the grass is greener abroad. I would concede that the facilities in our universities are not at par with foreign institutions, but it must be emphasised that, there is a lot of merit and benefit in studying at home, at least for the first degree, after which our kids can then go abroad to sharpen their skills and test their wits against others. However, the benefits of local undergraduate training, I believe, outweigh expensive foreign university education. What we need to do, is to put our money where our mouths are, in order to make our higher educational institutions more effective in a highly competitive world. If we make the requisite investment in our universities, before too long we would be in a position to challenge the best foreign universities.
The menace of the ravaging Fulani Cattlemen has continued unabated and hundreds of lives have been lost. Now many states, including Edo, Benue, Ekiti, Kwara and others are hurriedly enacting one form of a grazing bill or the other. Would you say this will bring the much needed panacea to the problem?
The antics of these herdsmen are antediluvian, retrogressive and uncaring. While they treasure their livestock a lot more than the lives of sedentary farmers, pastoralists have to be made to respect the equal rights of others to cultivate their crops, in order to make a living, hence the necessity for ranching as is done in better organised societies. Even here in Africa, it can be recalled that Siad Barre, President of the Somali Democratic Republic from 1969 -1991, effectively settled his nomadic people, by making them appreciate the benefits of live and let live through ranching. I believe that, the time has now come to engage our herdsmen and encourage them to realise that, their practice of open grazing is archaic, anti-social and untenable.
The world has never been a more dangerous place than now. The Middle East is presently so devastated. Terrorism is palpable on every continent and every country, including Nigeria, dealing with insecurity and its international dimensions. What is the way out of this? How well do you think our Government has done in the fight against Boko Haram?
The Nigerian military, until recently, lacked the capacity to handle asymmetrical guerilla warfare. They are now closing the gap and have demonstrated increased capacity, to contain bandits masquerading as religious zealots. They have, by and large, fought the insurrectionists to a standstill and should, much sooner than later, put the Boko Haram terrorists in the past tense.
"WE SHOULD ALL REALISE THAT, NO PART OF THE COUNTRY CAN GO IT ALONE, AND WE ARE BETTER OFF LIVING TOGETHER IN A SINGLE COUNTRY FOUNDED ON PEACE, EQUITY AND JUSTICE, RATHER THAN PEOPLE INSISTING THAT IT IS EITHER THEIR WAY OR THE HIGHWAY"