In IPOB’s Agitation’
“NOT EVERY IGBO BELIEVES IN IPOB’S SELF-DETERMINATION AGITATION. HOWEVER, I BELIEVE THAT NEARLY EVERY IGBO IS INTERESTED IN THE EQUITABLE DISTRIBUTION OF RESOURCES, APPOINTMENTS AND PROJECTS IN THE COUNTRY”
few obvious drawbacks. To curtail crime and crimi-nality in the country, State Policing is a sine qua non.
It may not be possible for the nation to get a brand new Constitution, unless there is some-thing like a revolution - which is very unlikely. So, we have to key into the various constitu-tional reviews being organised by the National Assembly and State Houses of Assembly. We may not get everything in one day, but as time goes on, the restructuring we clamour for may become a reality.
After so many twists and turns, the much-awaited Petroleum Industry Bill has finally been passed into law. Given the many set-backs the Bill suffered, what is your percep-tion about some of its obvious provisions, the highlights, so to speak? For example, only giv-ing the host communities 3% share instead of the 10% the South South Legislators demand-ed for?
Firstly, I must commend the leadership of both chambers of the National Assembly for taking the bull by the horn by passing the Bill, subject to harmonisation of differences between the two chambers. If you recall, since 2008 the Na-tional Assembly has been making futile at-tempts in passing the Bill. I recall that in 2015, during the tenure of Senator Bukola Saraki as Senate President, the Bill was broken into four parts in order to ensure a smooth passage; yet, he did not succeed. If I recall correctly, the four PIBs that were introduced in 2015 were Petro-leum Industry Governance Bill (PIGB); Petrole-um Industry Administration Bill (PIAB); Petrole-um Industry Host Community Bill (PIHCB), and Petroleum Industry Fiscal Bill (PIFB). This time, a new comprehensive Bill - reflecting a kind of synergy between the stakeholders including the executive arm, the legislature, the oil majors, the representatives of oil producing communities and NNPC - had succeeded in presenting a legislation that will promote growth in the oil and gas industry, modernise fiscal systems, and enhance global competitiveness.
From what I have read in the media, the new legislation - if assented to by Mr. President af-ter harmonisation - is expected to provide a framework to boost oil and gas output, while enhancing the sector’s attractiveness to international investors, thereby increasing foreign direct investment. It will also catalyse reforms in governance, administration, host community and fiscal matters.
I support many of the provisions in the Bill such as the establishment of the Nigerian Upstream Petroleum Regulatory Commission, Nigerian Midstream and Downstream Petroleum Regulatory Authority, the
incorporation of the Nigerian National Petroleum Company Limited under the provisions of CAMA after 6 months of the commencement of the law, the abolition of gas flaring in accordance with international best practice, deregulation of the downstream sector to ensure market related pricing, and the creation of Petroleum Host Communities Fund to provide direct social and economic benefits from petroleum operations to host and impact-ed communities. I support the proposal that in-stead of allocating 3% oil companies’ profit to host communities, it should be increased to a minimum of 5%, provided that there is a strong transparency and accountability framework for the utilisation of the funds. However, I do not support the clamour for 10% being championed by some groups. Furthermore, the issue of definition of ‘host communities’ or ‘oil-producing communities’ needs to looked into during the harmonisation. I believe that ‘oil-producing communities’ should not be where pipelines are laid, but where oil is produced, otherwise the whole Nigeria would be classified as ‘oil producing community.’ All said, I commend Mr. President for fulfilling his election promise, by breaking the PIB jinx in coming up with this historical legislation. I urge that the Bill should be assented to, as soon as the harmonisation is worked out.
Last week, the Body of Senior Advocates of Nigeria (BOSAN) proposed to the Chief Justice of Nigeria to suspend the award of the rank of SAN for a few years, saying that too many awards were made in the last exercise. Do you subscribe to this view, which some have described as
self-serving?
Actually, the BOSAN letter you referred to was written as far back as September last year, and not last week as erroneously reported by some social media blogs. Personally, I do not subscribe to the idea that the award should be suspended, on account of the number of successful applicants conferred with the rank last year. The number can however, be reduced in this year’s exercise, and in subsequent years. I believe that every human endeavour is a work in progress. No process can be perfect at all times. As time goes on, some identified loopholes or weaknesses in a process are cured through reforms.
BOSAN in the said letter – correctly, in my personal opinion identified some areas that require urgent reforms and immediate action. The LPPC in its meeting, has agreed to look into these areas. This shows that the Chief Justice of Nigeria, as the Chairman of LPPC, has a listening ear and is very open to suggestions on how to improve on the process. Very soon, I expect that there will be a call for memoranda from various stakeholders in the legal profession on how to further reform the process which, if you recall, was last reviewed in 2018 during the tenure of former Chief Justice of Nigeria, Hon. Justice Walter Onnoghen.
The Council of Legal Education which you presently chair, is saddled with the responsibility of producing Lawyers for Nigeria, has in recent times been tasked on improving the quality of Lawyers being admitted into the Nigerian Bar. What are your plans to ensure that this mandate is given effect?
Like I stated earlier, no human endeavour is perfect. It is usually a work in progress. The call for the improvement in the quality of Lawyers being called to the Nigerian Bar, did not start today. It has always been there with us since 1962, when the Nigerian Law School was established. It is a work in progress. The Council of Legal Education has from time to time, been reviewing the curriculum of the Nigeria Law School. The last time the curriculum was reviewed was in 2019, shortly before I came on board. There had earlier been a comprehensive overhaul of the curriculum during the tenure of late Hon. Justice M. O. Onalaja (JCA) as Chairman, and Dr. Tahir Mamman as Director-General. That was in 2008. I must also say that the task of training a law student to become a good Lawyer, is the responsibility of all stakeholders in the administration of justice regime. Right from secondary school, the foundation has to be properly laid. If there is a faulty foundation, no matter what you teach at the University and Law School levels, the product will not be good. The Council is in touch with the National Universities Commission, which is currently reviewing the curriculum of subjects being taught at the universities in Nigeria. Hopefully, in the near future, some adjustments will be made in the curriculum.