Chief Mike Ozekhome is a constitutional lawyer and human rights activist. He is a federal government delegate at the ongoing national conference. In this interview with judiciary correspondents in Abuja, the Senior Advocate of Nigeria (SAN), calls for the outright splitting of the office of the Attorney General of the Federation (AGF) from that of the Minister of Justice among sundry other matters for the Confab Committee on Law, Judiciary, Human Rights and Legal Reforms. AMEH EJEKWONYILO reports
The number of Supreme Court Justices
Consequent upon the herculean workload of the Supreme Court, where cases of 2005 are just being considered, in spite of the nerve-racking handling of these cases by the Justices, I hereby canvas for an increase in the number of Justices of the Supreme Court. This will lead to more hands being engaged to speed up the process of attaining justice in Nigeria and making the process of Justice delivery easily realizable.
Retirement age of Supreme Court and Court of Appeal Justices
The present compulsory retirement age of Supreme Court and Court of Appeal Justices which Section 291(1) of the Constitution of the Federal Republic of Nigeria, as altered, pegs at 70, is not helpful to justice delivery. Most of these justices retire when they are still very healthy, more mature, more experienced, more courageous, less prone to corruption, and at a time their services are mostly needed by their father land. This Constitutional provision has been given statutory support by section 3(2) of the Supreme Court Act, 2004, and Section 4 of the Court of Appeal Act, 2004.
The country spends a fortune on their training and retraining; only to lose their services at a time they are most needed. The legendary Lord Denning was still handling cases at the age of 84. Justice Chukwudifu Oputa headed a panel, the Oputa Panel, long after he retired from the Supreme Court Bench.
The Hon. Justice Kayode Eso, was very much useful to the Nigerian nation years after his retirement, chairing many Panels, Commissions of Inquiry and heading the Multi-Door Court in Lagos. In this very Committee, Justices George Adesola Oguntade (Chairman), F. F. Tabai (both retired Justices of the Supreme Court), Abdullahi Mustapha, Peter Akere, Baba Alkali Ba’aba, Adamu Bello, HRH, Lawal Gumi, etc, still display bubbling energy, strength and agility in their deliberations, laced with clarity of thought and fecundity of mind.
My respectful suggestion is that Justices of the Supreme Court and Court of Appeal should be given an option to retire voluntarily at 70, if they so desire, and compulsorily, at 80.
Federalism and hierarchy of courts
Nigeria, by its present hierarchy of Courts, is operating a unitary system of Government. In the United States of America, each State has a hierarchy of Courts from the lowest Courts up to the Supreme Court. Only matters that are of serious Constitutional import and which involve grave issues that affect the citizens’ fundamental rights and entire Nation find their way to the hallowed chambers of the United States Supreme Court.
Why should a simple case of stealing a tuber of yam, or a goat by a poor farmer who has been convicted in a Magistrate Court in my Iviukwe town, for example, go on appeal to the High Court, (at Agenebode, formerly at Auchi), then Court of Appeal in Benin, and end up finally at the Supreme Court in far away Abuja?
This is against all known principles of federalism where each federating unit is permitted to develop according to its pace, and take care of its peculiar problems and challenges.
It is in the same vein that State Police is desirable to ensure community Policy, rather than the unwieldy, behemoth, elephantine Police Force presently recognized in Sections 214 and 215 of the 1999 Constitution.
It is in like manner that each Federating Unit should control its resources and pay tax to the Government at the centre as was the case up to 15th January, 1966, when the first Nigerian Military coup was enacted by Major Kaduna Nzeogwu Chukwuma. At that time, each of the four regions controlled its own resources, took 50% share, paid 25% as tax to the Tafawa Balewa Government at the centre, and partook in sharing with the other regions, the remaining 25%.
Permit me to state that the unitary system of Government being practised in Nigeria has led to the over dependence on a mono wasting resource called crude Oil, and the now less than 300 trillion cubic Ft of natural gas reserves. While the vast resources in our lands have not been explored or exploited. For example, Plateau State has the largest Mineral deposits in Nigeria (25); followed by Nassarawa state (22); Kaduna state (19); Kogi and Sokoto states (13); Ondo and Benue states (12); Edo and Oyo States (11), Anambra State (9); Bayelsa, Imo and Kwara states (8). Yet, these Minerals remain unexploited.
We need to embrace and operate true federalism through genuine devolution of powers from the centre down to the Federating units. Why should the Federal Government for example, be concerned with controlling marriages, traffic, mines and minerals, or be responsible for building Prisons to house inmates of crimes committed against the States? Why should the Federal Government alone control 68 items on the exclusive legislative list, leaving a miserly 30 items for the States in the concurrent legislative list?
Splitting the office of the AGF and that of the Minister of Justice
By virtue of Section 174 of the Constitution of Nigeria, 1999, as altered, the Attorney General of the Federation is the Chief Law Officer of the Country. He undertakes, prosecutes and discontinues cases for and on behalf of the Government. The provision makes him the guardian of public interest as he is expected to carry out his functions in furtherance of the public good, public interest, the interest of Justice and to prevent abuse of legal process.
As the Minister of Justice, however, he is steeped deep in politics and is expected to be answerable to his appointer, the President of the Federation, who is also the leader of his ruling political party.
Thus, no matter the pretence towards political neutrality the Attorney General cannot effectively extricate himself from political pressure to perform certain acts or resile from performing certain acts that are not in the public good. Examples of such are the entering of “nolle proseque” for former political office holders accused of corruption and other heinous crimes against their fatherland.
It is therefore necessary to have a thorough bred legal practitioner as the Attorney General of the Federation, whilst, the President may decide to appoint a politically active person as the Minister of Justice.
Justiciability of the fundamental objectives and directive principle of state policy
As it is at present, Chapter 2 of the 1999 Constitution is non-Justiciable by virtue of Sections 14 – 25 of the 1999 Constitution. The rights entrenched in this chapter have since become ECOSOC (Economic, Social and Cultural) rights that are enforceable in other climes and are justiciable. It is not enough to merely regard them as ideals towards which Governments will strive to realize.
Citizens should be able to approach Courts of law to enforce their breach or derogation. Why should a citizen not be able to challenge a Government to give him basic amenities of life like food, shelter, water, roads, health and clothing? In a country where less than one percent of the populace controls over 90% of the Nation’s wealth, flying private jets like birds in the sky, with Nigeria ranking next to America and China in this regard, why should a citizen not be able to challenge this unequal distribution of wealth, contrary to Sections 15 and 16 of the 1999 constitution, as altered?
The special status of the National Industrial Court of Nigeria
This Court which came into being on the 4th of March, 2011, as the 3rd Alteration to the Constitution of 1999, has done much in fast tracking the dispensation of Justice to all and sundry. The judges there are specialized as demanded by section 254 (c) of the 1999 Constitution, as altered. Unlike the Federal High Court and State High Courts, it is only the Judges of the NICN that are required to be specialists in their areas, to wit, labour, employment and industrial related matters.
