Nigerian laws are archaic, need reform – Dibia

Barrister Emmanuel Dibia, former legal aide to ex-Speaker, Delta State House of Assembly, Victor Oche, in this interview with EMEKA NZE, says Nigerian legal system needs urgent reform. Excerpts: 

You recently described Nigerian laws as archaic and advocated a reform. How are these laws obsolete?

Primarily, every society is governed by rules, whether federal government, states, local governments or clubs. By rules, I mean laws. And when the laws are not functional or there are bad, you are bound to have to a dysfunctional society.

The fundamental problem in Nigeria is that our laws are obsolete. It contributes largely to what is affecting our society that you and I are in today. I am sure you are aware that it will take a landlord almost a year and half to eject a defaulting tenant just to recover a one-bedroom in court. For some people, just to recover small claims like N500,000 you will spend close to two years.

So, if people want to take a short court, they get lawyers to write petition for them. And these petitions are laced with criminal features to give police jurisdiction. But at the tail end, it’s just to recover one-bedroom. People now use the police to do recoveries just because you will spend less than 2 years. This happens because our laws are bad. Have you not seen landlords removing zincs of tenants just to frustrate them because they do not want to go to court? These laws stultified. In civilised climes, recovery of property does not go more that 3 months. We need to reform it. There are matters that should not go beyond a certain period of time.

What could be the reason for the sustainability of these archaic laws?

It is not that we prefer to operate or sustain archaic laws but it is just that our leaders are not proactive. They are analogue. We need scientific leaders; those who will move with the time. 

Nigeria is inundated with issues of kidnapping, banditry and so on. How did we get here? 

It is still part of a failed society. There are all contained in my book. If we have a society that functions very well, issues of banditry will be reduced to a very low level. You cannot wipe out criminality but there will be simmered down. But a society where it takes a market woman almost forever to recover small claims, then it is unfortunate. The good thing is that some states are regularising their laws. The crime rate increases because people are not comfortable with the system.

Geo-political zones are coming up with security outfits to safeguard their zones against kidnapping and other vices. Is it the right to do?

Yes, it is. I believe that establishment of regional security outfits will help reduce banditry and kidnapping because our security personnel are highly burdened. I just told you of how in very simple matters lawyers can undertake in court, they channel them to the police. Our police officers are highly involved in fighting crimes. They are overwhelmed. So we need such security outfits in our various localities, but it should be highly regulated.

People argue that the heterogeneity of our society is the bane of reforms of our laws. What is your take?

Of course, it is true. A lot of things must be taken into account before you amend laws. But why do we have to wait this long before doing the needful? Yes, the process of law amendment is not easy but we can do it. For me, it is a problem of leadership.

There is a bill at the National Assembly seeking immunity for principal officers, what do you make out it?

What do they need immunity for? What are they running away from? We are at a moment where people are clamouring that we drop immunity for president, governors, and people are here clamouring for immunity for principal officers. Leaders in western world do not have immunity.

I am not in support. That is not one of our immediate needs. We have things that the National Assembly should focus on. Our first problem is our laws, while the second is our legislators. We do not need two legislative houses. It is so painful anytime plenary session is ongoing and you see empty seats. The only time you see a full house is when both chambers come together for budget presentation by Mr President or some ceremonial events. We either choose to go with a unicameral system or, if it has to be both, then it has to be part time. Even the unicameral should be part-time. 

They claimed that the bill will help them stay focused, devoid of unnecessary distraction by the courts. Isn’t that fair enough? 

Do you have examples of distraction that they have had since? Even at this point you cannot make an arrest of any legislator inside the National Assembly or when session is on-going. 

Ahead of 2023, different zones have commenced intense lobbying. Isn’t it too early for such and shouldn’t a zone which has never produced a president be given a chance to do so?

First of all, it is not too early for people to start talking about 2023 general elections or where the presidency should go to. You can start working around that even from the first day of a new government. But we should go beyond zones and regions. We are one Nigeria. If we have the president who will take Nigeria from third world to first world comes from Katsina where President Buhari is from, let him be there.

I work with individuals. I will tell you boldly that this present regime, for me, it is one of the best we have had particularly in the areas of fighting corruption and blocking the leaks through the BVN and TSA and IPPS.

Personally, I would not mind to have APC government for another 8 years. But Buhari has done his part and he is on his way out. If he could bring in people who could stand in his stead, this country will be a better place. Who are the people I am looking at? A combination of Vice President Yemi Osibanjo and Governor Nasir El’Rufai will not be a bad idea. To tell you that it is not about party, Kingsley Moghalu also should be brought in.

The present government has been lampooned for not doing enough, yet want it re-elected for another 8 years. Don’t you see the possibility of the PDP bouncing back?

I am not talking about party but individuals. If it is PDP they are individuals I will support. I do not work with party but individuals. It is not as if PDP is better that APC or vice versa, no. We should not look at party because it does not rule nation but people.

There is an assumption that Nigerians do not read and, here you are writing a book. What propelled you to write the book?

Well, people have reasons they write books or do whatever they do. Sometimes, people write books to leave legacies. I wrote this book not necessarily for the purpose of making money, but primarily to share my thoughts. I need speak about government because I have been conscious of government from the age of 12 when Shehu Shagari won election. I witnessed election processes like the hostilities.

So from that point we knew how people like Umar Dikko fled. I got to find out that we do have reduced taste for reading; not that we do not read. I had over two rolls of the book and I have sold them. If you go to the Federal Secretariat, you will see vendors flaunting the book.

You were a legal aide to the former Speaker, Delta state House of Assembly, Victor Ochei. Did that afforded you the opportunity to know about governance or you were watching at the periphery?

I was active and that afforded me the opportunity to know how government functions. So, I did not write from the distance, I wrote from my experiences how there is so much waste in government. Even till this day, government still commission boreholes as if in the 21st century we should not have had water. Do you know that lock-up shops are still commissioned amidst fun fair? You do not have any idea how debased that is.

For every commissioning there a budget for the entertainment and sometimes budget for each commissioning is about 50 per cent cost of the project. It is a bundle of waste. It is disheartening. If primary schools are renovated, governors put their pictures on the signboard, to show that they did the work. It is to show how low we have become. We would have been looking for governors who will be commissioning earth breaking projects. If I call names it does not mean I am close to any of them. But look at what governor Emmanuel Udom of Akwa Ibom state is doing. 

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