Last week, the Nigerian Bar Association (NBA) held its 3rd National Executive Committee meeting for the 2013/204 Legal Year, where the NBA President, Mr. Okey Wali (SAN) held an interactive session with journalists in Abuja on some burning national issues and sundry other matters. AMEH EJEKWONYILO reports
State of the Nation
We gather here today to deliberate on how to improve the quality of lives of our members; we must spare a thought for our country which continues to experience daunting challenges that may lead to a failed State. Nigeria is currently facing myriads of problems. Key institutions of democratic governance and security are weak. At the moment, Nigerians are living in great fear; fear from terrorism, crimes, kidnapping, militancy, from failure of leadership at all levels; from religious intolerance; from insincerity and insensitivity of the elite, from indiscipline and corruption; from an economy that does not create jobs and benefit the people; from a political and democratic system that does not give the people any sense of belonging. The Nigerian Bar Association is deeply concerned with these public issues. Therefore duty beacons on us as lawyers to rise up at a time like this and speak straight not only to power, but also to issues affecting our people and nation.
The National security
The Boko Haram insurgents stormed the hostels of Government Secondary School in Chibok, Borno State in the dead of the night and abducted about three hundred (300) girls. The abduction of the girls, who had been sitting for the just concluded Senior Secondary School Examination, had happened almost simultaneously with the Nyanya Motor Park bombing which claimed scores of lives and maimed many others. Both incidents shocked the nation beyond words. The country is still in shock as to how terrorists could invade a school and cart away over two hundred (200) girls unchallenged. The girls are said to be in the custody of Boko Haram in Sambisa forest.
But Boko Haram, which had earlier claimed responsibility for the Nyanya bombing finally owned up to the abduction. The leader of the sect, Abubakar Shekau, in a video boasted that it carried out the abduction and promised more attacks. Distinguished ladies and gentlemen, nothing could be worse than imagining these vulnerable young girls in the midst of terrorists. However, it is heartwarming that the Chibok girls kidnap has now sparked off global outrage. Several international bodies, world leaders and celebrities have added their voices to the campaign to bring back the girls.
The Nigerian Bar Association here again condemns in strong terms the Chibok girls kidnap and the recent Nyanya bomb attacks on two occasions. We must here reiterate our earlier reminder to the Federal Government that the primary duty of government is the security of lives and properties of our citizens. At the moment, the Federal Government is not fulfilling this constitutional responsibility. What the Chibok girls’ episode has depicted is its exposure of the lethargic response of the federal government to matters of urgent national security as Chibok.
If as a Nation we had paid this much attention to the activities of Boko Haram and terrorism generally, we definitely would not be where we are today, but like they say, it’s better late than never. This is no time for bulk passing or attribution of faults or blames. This is a moment of solidarity, patriotism and support for the efforts to deal with a National problem, no politics or religiosity. Terrorism, as Nyanya bomb blast has shown, does not know religion, tribes or political Party Membership.
We also do not think that this is a time of setting up of panels of enquiry let us bring back the Girls first, and then we can start with our usual rituals of panels to find out the circumstances of these abductions. In the midst of International collaborations, to find the girls and bring them back home, such enquires may very well be a distraction. No wonder some of those on the panel from Borno State had boycotted the inauguration of the Committee. Some of the military personnel involved in the search for the girls, may very well be those to appear before such panels.
According to an intelligence report by the American Government, which shares the state departments concern, the girls may have been moved out of the country. Intelligence reports such as the one shared by the U.S is crucial in the war against terrorism. Intelligence gathering is one area the Nigerian Government has failed woefully. The U.S says that the girls may have been taken in several groups across border to Cameroon and Chad. This is hardly surprising given how porous our borders are. Our borders in Nigeria are so vulnerable that rebels from Chad and Cameroon gendarmes always operate across our borders, commit heinous crimes and retreat to their countries.
The NBA calls on the Federal Government to pay more attention to our borders with a view to securing them.
Good governance, rule of law, constitutional and electoral reforms
governance means that all the indicators of governance are present in a democratic society. It means that Nigerians are entitled to and are enjoying the good life, job creation and employment, power generation and distribution, good roads, Medicare and good education. The Rule of Law is a very simple concept but difficult to practice. It means that the Law is supreme. It means that everyone, no matter how highly placed is subordinate to the Laws of the Land and institutions. This is the equality doctrine. But Nigerians do not perceive themselves as being treated equally. Nigerians do not feel they are enjoying the benefits of good governance.
But how can Nigerians experience the Supremacy of law and enjoy the dividends of good governance when there is impunity and executive lawlessness in the land? The NBA insists that impunity and Executive lawlessness must give way to Rule of Law and Order, which is essential for good governance to thrive. Some of the methods to achieve good governance will include identification and incorporation in our constitution of independent national institutions vital to democratic consolidation. There should be solid guarantees that make them independent and free from interference, funding and tenure, etc.
The NBA recommends the consideration and adoption of Chapter 9 of the Constitution of South Africa, entitled; “Institutions Consolidating Democracy”. Chapter 9 relates to vital national Institutions insulated from political interference. For us in Nigeria, our courts, INEC, Police, ICPC, Accountant General of the Federation, CBN, EFCC, Code of Conduct Bureau, etc are all part of vital national institutions. They all need insulation. Our constitution must be self enforcing. It is no longer enough for only the courts to do the enforcement. Our constitution should contain “Declaration of Invalidity” of an unlawful conduct.
So the NBA recommends to the National Assembly to amend the present Section 1(3) of the Constitution to make our Constitution self enforcing.
Legal transformation: Reversing the legal failure
The transformation agenda of the administration of President Goodluck Jonathan is a laudable programme. But it seems more emphasis is being placed on some sectors more than others. The NBA is concerned that the transformation agenda is not impacting the Justice and Legal Sector. Legal transformation is a major issue. There is an urgent need to design overarching legal architecture and framework that will underpin the transformation agenda. It is now accepted that the quality of political, economic and social regulations is as important as the Legal institutions that enforce them. Both sound regulations and strong legal institutions are vital to development. The legal constraints in Nigeria are Legion: Poor Security, weak Commercial Judicial systems, a generally weak Legal System, impunity, corruption and an unviable regulatory framework. This is legal failure.
The NBA calls on the Federal Government led by President Goodluck Jonathan to include Legal transformation in the transformation agenda with a view to reversing legal failure.
The task of legal transformation is daunting but not impossible. The NBA, with its weight and massive structure, with 109 branches spread across 36 States and FCT stands ready to help in Legal transformation. What is needed is a Legal transformation strategy document. This document should be developed as a matter of priority and urgency by government. The NBA is willing to play a role. We invite President Goodluck Ebele Jonathan to authorize this vital programme.
