New Telegraph

Why insecurity persists in Nigeria, by Akingbolu

Mr. Kabir Akingbolu is a rights activist. In this interview with AKEEM NAFIU, he speaks on what Federal Government should do to secure foreign help to tackle rising wave of insecurity Akingbolu Do you

 

Do you share the sentiments that the Federal Government is overwhelmed by the rising wave of insecurity in the country and that it needs foreign help?

 

There is no doubt that the Federal Government has failed totally in providing security for the citizens. Evidence abound in all spheres of life that we live in a failed state under the present government of Muhammadu Buhari.

 

One needs no soothsayer or a necromancer to be told that the president has run out of any fresh idea that guarantees the safety of lives and property of the people to the extent that one can conveniently and convincingly say that the Federal Government is overwhelmed by the ever rising waves of security challenges which is on the increase by the day.

 

Therefore, it is not surprising that the government is now seeking foreign assistance or aid to fight insecurity in the country. However, much as this is a welcome idea, one is in doubt whether such assistance can be rendered. This is because like the Yoruba proverb says: ‘Only a willing or cheerful child stands the chance of getting a baby-sitter or someone who plays with him’.

 

What I am trying to say is that seeking assistance from foreign nation is more than mere declaration of intention but how ready is Nigeria or her leaders? Thus, if we seek assistance from foreign nations without doing anything by ourselves for ourselves, it amounts to mere expression of intention on ineffective policy and no country of the world will be ready to lift a finger to assist us.

 

One may ask, how do we show readiness and willingness that we are ready to be assisted? The answers are very simple. Firstly, we need to start identifying as a matter of topmost priority, the grey areas or inadequacies in our security apparatus, like the lack of cohesion amongst the various security agencies and the challenges they are facing. Secondly, the government should stand its feet on the ground to identify, name and shame the sponsors of the upheavals and criminalities that threatens the security in Nigeria. This is because if the source or root cause of the problem is not addressed, no level of assistance can do any magic for us as a nation because the problem will remain.

 

There seems to be no end in sight to the ongoing strike action by the Judiciary Staff Union of Nigeria (JUSUN) over agitations for fiscal autonomy. How best do you think government at state levels can handle the crisis for an amicable settlement?

 

The strike or industrial action embarked upon by JUSUN is clear evidence that the government at the state level is not ready to deepen the ideals of constitutional democracy. This is because by Section 121 of the Constitution, money

 

due to the judiciary is to be given to the Heads of the Courts concerned. What this then means is that the Chief Judge shall be the alter ego in the control of Judiciary funds.

 

But, a situation whereby the judges go cap in hands begging the governors of the state for money to sponsor or run the affairs of the judiciary is not only oppressive but demeaning and relegating to the judges. To that extent, it is illegal and immoral because such act goes against the spirit of the Constitution and as a result of that, it is illegal.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By convention and practice, judges are entitled to periodic changing of their cars as part of the entitlement of their office but all these are nothing more than a mirage because most governors do not even change judges’ cars in eight to nine years which is wrong. So, when we talk about autonomy for the judiciary, it means fiscal autonomy and nothing more. Unfortunately, members of the executives, especially the governors are not ready to comply with the dictates of the Constitution in this regard but rather the dictates of their whims and caprices, and where this happens, we cannot expect JUSUN to respect the wishes of the government which are not in tandem with the Constitution.

 

For crying out loud, the judiciary has done much for this country and without a virile judicial system, the democracy being enjoyed by the governors today will be in serious jeopardy, or altogether die completely.

 

As it is today, the governors ought   to wake up and smell the coffee to know that JUSUN is not ready to comply with the curious minimum monthly payment formula being parroted or proposed by the governors.

 

Therefore, the only true way to go about ending the strike is for the governors to do the needful and know that JUSUN is not ready for their all-time scheming games and deceit. So, until they comply, they should know that JUSUN will not be cowed or blackmailed into submission.

 

How do you view the House of Representatives rejection of a Bill seeking to reduce the inflow of cases to the Supreme Court?

 

There is no doubt that our Supreme Court in Nigeria is overwhelmed by too many cases. This is because Nigerians by nature are very litigious. Therefore, the load of cases can rarely be reduced because while Supreme Court is only one in Nigeria, Appeal comes from the 36 states of the Federation to that single Court. For this reason, there is need to reduce the number of cases that goes to the Supreme Court.

 

To this end, there is compelling need for a Constitutional amendment to do so. One is even surprised that the National Assembly declined to pass the law for the purpose of reducing the number of cases that go to the Supreme Court. However, there are some other things that could be done to reduce the work load on the Supreme Court without necessarily doing any amendment to the Constitution.

 

One of these things is the removal of the requirement to first seek leave in respect of cer-tain grounds of appeal like leave to appeal on mixed law and facts and the compelling need to delist Governorship election petition cases from the cases that will go to the Supreme Court. This is because practically speaking, there is no need to allow an appeal on governorship election petition to reach the Supreme Court. It is highly unnecessary and amounts to reckless waste of precious judicial time.

 

This is because if the National Assembly and the State Assembly Election petitions start from Tribunal as the Court of first instance and ends at the Appeal Court as the final Court, and the Presidential Election starts from the Court of Appeal as the Court of first instance and ends at the Supreme Court as the terminal Court, then there is no justification to allow Governorship Election Petition which is not as important as the Presidential Election Petition to reach the Supreme Court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The reason for this is because while others have two stages of trial, only Governorship Election Petition has three stages of trial, so this calls for immediate amendment to reduce the burden on the Supreme Court. The National Assembly may also need to take a second look at that bill for the possibility of enacting it as law.

 

Are you in support of calls for the prosecution of the Minister of Communication and Digital Economy, Isa Pantami, over his past utterances and actions which revealed his support for terrorism?

 

The allegations against the Minister of Communication and Digital Economy, Mr. Isa Pantami, are very serious and heinous; and without any convincing explanation and exculpation from relevant security agencies, it ought to be looked into seriously by the Federal Government with a view to either sack or suspend him, if necessary. However, to keep mum as the Presidency has done is quite unfortunate and condemnable.

 

Although, some supporters of Pantami have argued that he did those things when he was much younger and not yet in government as a minister. I submit that this position is completely wrong and misleading because in criminal law, time does not run against the State.

 

That been so, when a man confesses that he was once an armed robber but he has now repented and became a man of God, his subsequent transformation to become a clergy cannot give him immunity against his past offences and therefore, he can still be tried for his past sins.

 

This is the only way justice can be done and seen to be done. It is not open to controversy that citizens are equal before the law. Therefore, the law should be applied to them equally without making any particular person untouchable because he is in government.

 

That been the case, the allegation against Pantami should not be swept under the carpet but should be dealt with seriously.

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