‘Barriers Shouldn’t Exist in African Legal Community’
The diversity the African Continent presents, also transcends the legal profession, where three distinct jurisdictions are in operation, Common Law, Civil Law and Islamic Law. In the face of these seeming legal and also language barriers, the Bar Associat
In the past few years, there have been reports of rising human rights abuses across African countries. What is your continental Association of lawyers doing about this?
The African Bar Association (AFBA) was formed in 1971 as the “Fearless voice of the Legal Profession”, and between that time and when it went dormant in 1999, Human and People’s Rights was at the centre of its activities.
Since it was revived in 2014, Human Rights has remained our priority. We have even added Women, Children and Minority Rights.
Reports of Human Rights violations in our Continent, are very rampant and frightening. Since the Association does not have weapons to fight the Government, and individuals that perpetuate these crimes, we have evolved a method of making those involved, to get properly educated about their duties and obligations to those they injure by violating their rights in all circumstances. In some cases, we have intervened directly to release detained individuals by entering into dialogue. In other deserving cases, we have used our legal team to get justice, using the judicial process.
All in all, the African Bar believes that more education and good governance, will help in eradicating abuse of Human Rights.
orders. Take Nigeria for example, despite the courts granting bail to the former NSA, Rtd Col Sambo Dasuki and Sheik El Zakzaky and his wife, they still remain in custody. How can we change this narrative in Nigeria and indeed, Africa?
The rule of Law is the bedrock of modern civilisation. Good leadership and good governance, begins with the observance of the rule of law. The rule of law presupposes that everyone, the Governors and the
Governed, are under and subservient to the principles of law as enshrined in the various Constitutions and other laws, made for the good and orderly administration of the affairs of each Country. It encompasses the principles of Natural Justice. Everyone is equal before the Law, including the Government and any citizen affected by State action, has a right to seek redress before properly constituted Judiciary and whose independence is secured. The rule of law, also encourages the principles of separation of powers between the Executive, the Judiciary and Legislature. The three functions, in a division of labour manner to form a single Government, not three separate Governments, as most political office holders may want us to believe.
These rules, are enshrined in the various Constitutions and Laws of African States. However, for most, the practice is in the negative. We have cases of flagrant disobedience of Court orders, by agencies of Government. This negative practice is bad governance, and is not restricted to Nigeria alone.
At our Rebirth Conference in Harare, Zimbabwe in 2016, issues of the violations of the principles of the rule of law by several Governments across the Continent came to the fore-burner at the plenary session. Zimbabwe, the host Country was cited. Nigeria, Egypt, Congo, Cameroun, Burundi, Gambia and some other Countries, were also indicated. Zimbabwe made some changes.
Our general approach, is to deeply investigate these negative behaviours, and advice Governments and their agencies to comply. We did advice Nigeria and we recorded a measure of success, and have been given the assurances that Government will not violate Court orders. We were also assured by the judicial authorities, that incidences of conflicting Court judgements and corruption, will be addressed. To us in AFBA, I believe the judicial authorities in Nigeria are presently doing the right things, although there is still a long way to go.
The cases of Col. Sambo Dasuki and the religious Leader, El Zakzaky, are somewhat difficult to understand, I see a measure of politics in them, but Court orders must be obeyed, while the Government sorts out the politics politically.
I therefore, call on the Government of Nigeria to release these Citizens who are now captives, since they have been ordered released. Government has a right to continue to pursue the cases against them, and that is when they can get public understanding.
Africa can only change in the positive direction of the Citizens, wake up to their responsibility of asking their Governments to account. At present, we play politics with everything. Condemn when it suits us and praise when it suits us. Ethics and religious colorations are seen in everything. There is no Yoruba or Ibo Human rights. There are no Kenyan or Congolese Human Rights. Human right is Human right the world over.
Southern Cameroun seems to be boiling, and many innocent citizens have been clamped in detention, including the Vice President of the African Bar Association. We understand that this has arisen from the demand by Southern Cameroun, for bilingual status, being an English speaking section of the country. What steps has AFBA taken to ensure that your Vice President is released from detention and peace returns to the region?
The issue of Southern Cameroun is very pathetic, and anytime we sit to discuss the matter, everyone is filled with rage.
"THE AFRICAN BAR ASSOCIATION (AFBA), WAS FORMED IN 1971 AS THE “FEARLESS VOICE OF THE LEGAL PROFESSION”, AND BETWEEN THAT TIME AND WHEN IT WENT DORMANT IN 1999, HUMAN AND PEOPLE’S RIGHTS WAS AT THE CENTRE OF ITS ACTIVITIES"
Cameroun is a signatory to the African Charter on Human and Peoples rights. The Constitution of Cameroun provides for a bi-lingual state. Under that Constitution, the State is under obligation to guarantee the rights of all Citizens, whatever language they speak or creed they profess. The right to free assembly and peaceable protest is guaranteed.
For a very long time, the people of Southern Cameroun have been treated as second class Citizens in their own Country. They are denied basic rights. They are frequently discriminated against, because they don’t speak French, the language of France, Cameroun’s Colonial Master. Common Law Legal System is what applies to Southern Cameroun, which is English speaking while the part of the Country that chose to speak French, practice Civil Law. The attempt to impose Civil Law on the English speaking people of Cameroun amongst the various illegalities and human rights abuses by the Cameroun Government, led to a general protest by the people and a strike which paralysed all activities in Southern Cameroun. Lawyers, Teachers, Traders, Captains of Industry, Politicians, Judges, Magistrates, everybody went on the protest which was ably led by Mr. Felix Nkongho, the Vice President (Central Africa) of the AFBA and President of the English Speaking Lawyers in Cameroun.
The Government of President Paul Biya, who has been in power in Cameroun now for more than thirty-eight (38) years, responded with acts of oppression, intimidation and in a Gestapo-like manner, unleashed security agents on innocent and defenceless citizens. Some were murdered in cold blood, others were maimed, beaten black and blue. Judges of superior Courts, Magistrates Lawyers were arrested, tortured and are languishing in jail.
Our Vice President, Felix Nkongho, was tricked into believing that the Government wanted a peaceful solution to the crises, and when he showed up, he was beaten up thoroughly and clamped into detention since January, 2017. Now he is facing a military tribunal on trumped up charges of Treason and other offences, that carry the death penalty.
For protests which started in October 2016, we had thought that the Cameroun Government will be responsible enough to engage its aggrieved Citizens and the stand-off, but no, the situation is getting worse. We have been appealing to the Cameroun Government to act wisely and responsibly.
We have engaged the authorities of France, who have influence on President Biya and his Government, and other notable world Leaders and Institutions. We have done practically everything humanly possible to help Cameroun normalise, but like the proverbial dog destined to get lost, the Government of Cameroun isn’t listening. France has done practically nothing to check its appointee, President Biya. We are going to move to the next stage, but I won’t tell you here now, what it is, but it will shock the Cameroun Government and its Colonial Master, France. France lives and enjoys European freedom, it preaches democracy.
We appeal once again to the Cameroun Government to have a re-think and France and other well-meaning world Leaders and Institutions, to prevail on Cameroun to release Mr. Felix Nkongho and all detained Citizens, and immediately embrace dialogue. AFBA, will be willing to join the process.
The Nigerian Army, recently reported that it has set up human rights centres around the country, to handle human rights abuse cases, involving military personnel. AFBA has indicated its intention to engage in this initiative. What kind of involvement can we expect from your Association, and on what specific issues, apart from the reports of victims of Boko Haram suspects?
What the Nigerian Army has done is very commendable, and I urge all other security agencies in Nigeria and other Countries in Africa, to emulate this. I thank the authorities for believing and acting on the tenets of Democracy, as this leads to Good Governance. The matter was discussed at the plenary of our 2017 Annual Conference, which recently ended in Port-Harcourt, Nigeria.
AFBA would like to engage the Nigerian Army and the Armed Forces, to see that the Human Rights desks set up outside the Barracks are independent and have all the tools to function, not just to set up a desk. The desks must be manned by qualified personnel and its activities, investigations and solutions, must be carried out methodically to the satisfaction of Nigerians and the International Community. The AFBA has the technical know-how, and knows the issues at stake. We would like to assist the Army, and also be in position to
"THE CASES OF COL. SAMBO DASUKI AND THE RELIGIOUS LEADER, EL ZAKZAKY, ARE SOMEWHAT DIFFICULT TO UNDERSTAND, I SEE A MEASURE OF POLITICS IN THEM, BUT COURT ORDERS MUST BE OBEYED, WHILE THE GOVERNMENT SORTS OUT THE POLITICS POLITICALLY"
advice or defend them when the time comes.
General Buratai and his Lieutenants, should be commended for taking this first bold step.
AFBA recently took the position that many African countries have, through unnecessary stringent policies, hampered businesses on the African continent, which discourages the inflow of Foreign Direct Investments (FDIs). Issues that AFBA highlighted include amongst others, poor transportation infrastructure, bad and corrupt customs departments, denial of visas to foreigners without cogent reasons, etc. How can this be ameliorated?
As the fearless voice of the Legal Profession in Africa, and one that understands the need to have a Continent that can compete with other Continents as a way to prosperity, we understand that there is unnecessary poverty in the midst of plenty.
This is due to bad governance, lack of strong institutions, abuse of human rights, corruption, nepotism, redtapism, slow judicial process and so on and so forth. Add all this to our self-imposed blockades like visa, lack of co- ordinated air, road and rail connections. We have uncoordinated Customs and Immigration rules, poor infrastructure, poor planning. We are suffering in the midst of plenty. While all the roads, air and rail are open in Europe, Asia and America, we are here protecting fiefdoms and serfdoms. An Asian or European Citizen, can walk through the U.S, Canada, Europe and Asia with a single visa or a single passport. And we are busy issuing funny visas here and there, and collecting bribes at borders, and we say Africa is the Continent of the future. That is a big lie and self deceit. While the slogan is true, we must work hard for it.
While Heads of States in Africa enter their private jets and fly to A.U and U.N meetings, it is practically impossible for their citizens to get connecting flights to destinations across the Continent. When we intervened in the Gambian Crisis, to return to Lagos became a problem when Arik stopped flying. We had to spend 15hrs in Casablanca, Morocco, to get connected to Lagos. We have to change these things. AFBA is thinking for Africa and we are also proffering solutions.
You chose Port Harcourt, Nigeria as the venue of the recently concluded AFBA 2017 Conference themed “Overcoming The Legal Challenges of Doing Business In Africa”. Nigeria especially, seems not only to have legal challenges of doing business, but may be generally a more difficult place to do business than for example, Zambia. Being from Nigeria in particular, how do you think we can overcome the legal challenges of doing business here? What do you think of Nigeria’s new Ease of Doing Business drive? Is it making any difference to FDIs in Nigeria? What other steps do you believe that Nigeria can take to attract FDIs?
I believe the Nigerian Government is taking steps in the right direction, with the Executive orders given to ease of doing business in Nigeria. These steps will definitely paint Nigeria in a good light.
Other Countries like Tanzania, Egypt, Burundi, Zimbabwe, Namibia, Togo, Mali, Cote d’Ivoire have taken similar steps. Zambia is also getting it right. What we need to do is to synergise, work on the bureaucratic structures, build capacity, promote competition, build on our micro-economic successes, reduce taxes, open our borders, reform our judicial systems, kill and bury corruption in all its facets. If we do these, FDIs will flow in and can be sustained.
Port-Harcourt was very beautiful, and the Conference could not have been held in a better place. We thank Governor Nyesom Wike for his support. Everybody enjoyed themselves and contrary to rumour mongers, Port- Harcourt is safe, sound and secure. The sparkle of the Garden City has returned.
Your Association has expressed concerns over judicial corruption across the continent. Several arrests and dismissal of judges were made in Nigeria and Ghana. What is the situation in other African countries, and what ideas is AFBA bringing into the fight against judicial corruption?
The judiciary is a constitutional institution, and problems affecting it must be addressed within that context.
Let me first of all say that AFBA salutes Judges and other judicial officers, who continue to do their jobs courageously, in accordance with their oath of office. There are very many